The Fireworks Regulations 2003

JurisdictionUK Non-devolved
CitationSI 2003/3085
Year2003

2003 No. 3085

FIREWORKS

The Fireworks Regulations 2003

Made 27th November 2003

Laid before Parliament 1st December 2003

Coming into force 22th December 2003

Whereas the Secretary of State considers that there is a risk that the use of fireworks will have the consequences of death of persons or injury, alarm, distress or anxiety to persons; death of animals or injury or distress to animals; or destruction of, or damage to, property;

And whereas the Secretary of State, in accordance with section 2(1)(b) and (2) of the Fireworks Act 20031, considers it appropriate to make provision by regulations for securing that the risk that the use of fireworks will have the aforesaid consequences is the minimum compatible with their being used;

And whereas the Secretary of State has issued a full regulatory impact assessment in accordance with section 2(4) of that Act;

And whereas it appears to the Secretary of State, in accordance with section 2(5)(b) of that Act that the need to protect the public requires that the regulations be made without delay;

And whereas every chief officer of police in England and Wales and every chief constable in Scotland has, in accordance with section 27(2)(a) of the Consumer Protection Act 19872, agreed to the transfer of such enforcement duties as are specified in these Regulations;

Now, therefore, the Secretary of State, in exercise of the powers conferred on her by sections 2, 3 and 5 of the Fireworks Act 2003 and by sections 11(3) and 27(2) of the Consumer Protection Act 1987 (as applied respectively by sections 11(6) and 12(1) of the Fireworks Act 2003), hereby makes the following Regulations:—

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Fireworks Regulations 2003.

(2) These Regulations shall come into force on 22nd December 2003 and shall cease to have effect at the end of a period of twelve months beginning with that date.

(3) These Regulations shall not extend to Northern Ireland.

S-2 Interpretation

Interpretation

2. In these Regulations—

“amorce” means a firework which is a percussion cap designed for use in toys, which comprises a paper envelope containing a dot of impact-sensitive pyrotechnic composition and which forms part of a roll;

“assembly” means an assembly which includes any firework;

“BS 7114” means the British Standard Specification comprising the following parts—

(a) BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30th November 19883;

(b) BS 7114: Part 2: 1988, the British Standard Specification for fireworks published on 30th November 19884; and

(c) BS 7114: Part 3: 1988, the British Standard Specification for methods of test for fireworks published on 30th November 19885;

and references to parts 1, 2 and 3 of BS 7114 shall be construed accordingly;

“cap” means a firework (including, for the avoidance of doubt, an amorce) designed for use in toys which comprises a non-metallic envelope or cup containing a dot of impact-sensitive pyrotechnic composition, and which produces a report when it is hit;

“category 3 firework” means a firework classified as category 3 under Part 1 of BS 7114;

“category 4 firework” means a firework classified as category 4 under Part 1 of BS 7114;

“cracker snap” means a firework—

(a) which comprises two overlapping strips of card or paper with a friction-sensitive explosive composition in sliding contact with an abrasive surface; and

(b) which produces a report when pulled apart;

“novelty match” means a firework comprising a match with a dot of pyrotechnic composition which is designed to be held in the hand while functioning and whose functioning involves report or the production of visual effects, or both;

“party popper” means a firework comprising a device—

(a) which is designed to be held in the hand while functioning;

(b) which is operated by a pull-string with an abrasive surface in sliding contact with a friction-sensitive pyrotechnic composition; and

(c) whose functioning involves a report with the ejection of streamers or confetti, or both;

“pyrotechnic composition” means a substance or a mixture of a substance designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reactions;

“serpent” means a firework, comprising a pre-formed shape of pyrotechnic composition, with or without support, whose functioning involves the generation of expanded residue;

“sparkler” means a firework, other than a category 3 or category 4 firework, comprising a rigid wire partially coated with slow-burning pyrotechnic composition, whose functioning involves the emission of sparks without report; and

“throwdown” means a firework comprising impact-sensitive explosive composition and grains of inert material wrapped in paper or foil and which functions to produce a report when thrown onto the ground.

S-3 Prohibition of possession of fireworks by persons below the age of eighteen

Prohibition of possession of fireworks by persons below the age of eighteen

3.—(1) Subject to regulation 5 below, no person under the age of eighteen years shall possess an adult firework in a public place.

(2) In paragraph (1) above—

(a)

(a) “public place” includes any...

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