Search Legislation

Police, Public Order and Criminal Justice (Scotland) Act 2006

Status:

This is the original version (as it was originally enacted).

Fireworks

76Possession of prohibited fireworks: powers of search and arrest

After section 11 of the Fireworks Act 2003 (c. 22) there is inserted—

11AProhibitions on possession of fireworks – power of search: Scotland

(1)A constable may search a person without warrant if the constable has reasonable grounds for suspecting that the person possesses a firework in contravention of a prohibition imposed by fireworks regulations.

(2)A constable may detain a person for such time as is reasonably required to permit a search of the person under subsection (1) to be carried out.

(3)A constable who detains a person under subsection (2) must inform the person of the reason for the detention.

(4)If in the course of a search under this section, a constable discovers a firework which the constable has reasonable grounds for suspecting is being possessed by the person in contravention of a prohibition imposed by fireworks regulations, the constable may seize it.

(5)A person who—

(a)intentionally obstructs a constable in the exercise of the constable’s power under subsection (1) or (2); or

(b)conceals from a constable acting in the exercise of the constable’s power under subsection (1) any firework whose possession contravenes a prohibition imposed by fireworks regulations,

commits an offence.

(6)A constable may arrest a person without warrant if the constable has reasonable cause to believe the person has committed or is committing an offence under subsection (5).

(7)A person who commits an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

11BProhibitions on possession of fireworks – arrest without warrant: Scotland

(1)A constable may arrest a person without warrant if—

(a)the constable has reasonable cause to believe that the person has committed or is committing an offence under section 11(1) in respect of a contravention of a prohibition on possession of a firework; and

(b)either of the two conditions mentioned in subsection (2) is met.

(2)The conditions are that—

(a)having asked the person to give the person’s name or address (or both), the constable—

(i)is not given the information asked for; or

(ii)is not satisfied that such information as is given is correct;

(b)the constable has reasonable cause to believe it is necessary to arrest the person in order to prevent the person committing any other offence in the course of whose commission there might be used a firework whose possession is prohibited by fireworks regulations..

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources