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	Statutory Instruments of the Scottish Parliament
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(a) BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30th November 1988[4];

(b) BS 7114: Part 2: 1988, the British Standard Specification for fireworks published on 30th November 1988[5]; and

(c) BS 7114: Part 3: 1988, the British Standard Specification for methods of test for fireworks published on 30th November 1988[6];

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

"cap" means a firework (including 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;

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[7];

"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 a 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 a report;

"the enforcement duty" means the duty imposed by section 27(1) of the Consumer Protection Act 1987[8], insofar as that duty is, by virtue of section 12(1) of the Fireworks Act 2003[9] exercisable in relation to the enforcement of the prohibition imposed by regulation 3 of these Regulations; 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.

Prohibition of use of certain fireworks at night
     3.  - (1) Subject to paragraph (2) below, no person shall use an adult firework during night hours.

    (2) Paragraph (1) above shall not prohibit the use of a firework-

(a) during a permitted fireworks night;

(b) by any person who is employed by a local authority and who uses the firework in question-


(i) for the purposes of putting on a firework display by that local authority; or

(ii) at a national public celebration or a national commemorative event; or



(c) in accordance with a dispensation granted under regulation 4 below.

    (3) In this regulation, "night hours" means the period beginning at 23.00 and ending at 07.00 the following day and a "permitted fireworks night" means a period-

(a) beginning at 23.00 on the first day of the Chinese New Year and ending at 01.00 the following day;

(b) beginning at 23.00 on 5th November and ending at 00.00 on 5th November;

(c) beginning at 23.00 on the day of Diwali and ending at 01.00 the following day; or

(d) beginning at 23.00 on 31st December and ending at 01.00 the following day.

Dispensation from the prohibition imposed by regulation 3
     4.  - (1) Subject to paragraphs (3) to (9), a local authority may grant a dispensation from the prohibition imposed by regulation 3(1) to any of the persons mentioned in paragraph (2) to enable that person to use fireworks-

(a) for the purposes of putting on a firework display for their employer or in the course of their business (as the case may be); or

(b) at a national public celebration or a national commemorative event.

    (2) The persons mentioned for the purposes of paragraph (1) are-

(a) any person who is employed by, or in business as, a professional organiser or operator of firework displays;

(b) any person who is employed by a department of the Government of the United Kingdom or by the Scottish Executive or an agency of the Scottish Executive; or

(c) any person who is employed by an establishment of the naval, military or air forces of the Crown.

    (3) A local authority may not grant a dispensation under this regulation, unless it is satisfied either-

(a) that there is no risk that use of fireworks in accordance with the dispensation will have any of the consequences mentioned in section 2(2) of the Fireworks Act 2003[10]; or

(b) that the risk that use of fireworks in accordance with the dispensation will have any such consequences is the minimum that is compatible with their being used.

    (4) When a local authority grants a dispensation under this regulation, it shall at the same time as it informs the applicant, inform the chief constable or chief constables of the police force maintained in relation to the police area or areas where the fireworks are to be used in accordance with the dispensation, of the information provided with the application as detailed in subsection (7).

    (5) An application for a dispensation under this regulation shall be made to the local authority in whose area the applicant proposes to put on a fireworks display, or to use fireworks at a national public celebration or national commemorative event.

    (6) An application for a dispensation under this regulation shall be received by the local authority not later than 6 weeks prior to the proposed fireworks display, national public celebration or national commemorative event.

    (7) An application for a dispensation under this regulation shall be made in writing and shall include-

(a) the name and address of the applicant;

(b) a description of the proposed fireworks display, national public celebration or national commemorative event;

(c) details of the fireworks proposed to be used at the event;

(d) the proposed location of the event; and

(e) the proposed date or dates and hours during which fireworks shall be used at the event.

    (8) Following the grant of a dispensation under this regulation, the applicant for such dispensation shall be prohibited from using fireworks in terms of the dispensation, unless in accordance with paragraph (9), they shall cause a public notice to be given of the proposed use of fireworks in accordance with the dispensation, no later than 7 days prior to the commencement of the event.

    (9) Public notice of a proposed use of fireworks shall be given for the purposes of paragraph (8) by publication of a notice in a newspaper or newspapers circulating in the area of the local authority, and stating the particulars required under paragraph (7)(a), (b), (d) and (e) above to be specified in the application.

Transfer of enforcement duty
     5.  - (1) The enforcement duty in Scotland is hereby transferred to the chief constable of each police force and shall be the duty of every chief constable in relation to the police area for which the force in question is maintained[11].

    (2) Every weights and measures authority having the enforcement duty in relation to any area in Scotland is hereby relieved of the enforcement duty.

Proceedings
     6. Summary proceedings for an offence under section 11 of the Fireworks Act 2003 arising from a contravention of a prohibition imposed by these Regulations may be commenced at any time within twelve months from the time when the offence was committed.


ANDREW P KERR
A member of the Scottish Executive

St Andrew's House, Edinburgh
13th September 2004

[2] 1987 c.43.back

[3] By virtue of article 4 and the schedule to The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), the Scottish Ministers exercise the functions concurrently with the Secretary of State for Trade and Industry, being functions conferred by sections 2, 4, 11(6) and 12(1) of the Fireworks Act 2003, and sections 11(3), 18 and 27(2) of the Consumer Protection Act 1987.back

[4] ISBN 0 580 17026 8.back

[5] ISBN 0 580 17027 6.back

[6] ISBN 0 580 17028 4.back

[7] 1994 c. 39.back

[8] 1987 c.43.back

[9] 2003 c.22.back

[10] 2003 c.22.back

[11] The expressions "chief constable", "police force" and "police area" are defined, in relation to Scotland, in Schedule 1 of the Interpretation Act 1978 (c.30) and section 50 of the Police (Scotland) Act 1967 (c.77).back

 © Crown copyright 2004