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Fireworks and Pyrotechnic Articles (Scotland) Act 2022
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- Acts of the Scottish Parliament
- 2022 asp 9
- Part 2
- Fireworks licensing
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Fireworks licensing
4Requirement to have fireworks licence
(1)It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence.
(2)A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3)It is not an offence under subsection (1) for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence.
(4)This section is subject to section 38 and schedule 1 (exemptions).
5Supply of fireworks to unlicensed persons
(1)It is an offence for a person, without reasonable excuse, to supply a firework to which this Part applies to a person who does not have a fireworks licence.
(2)A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3)It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1.
(4)It is the duty of each local weights and measures authority to enforce this section in its area in so far as it relates to the supply of fireworks by a person in the course of business.
(5)In this section, “supply” of a firework includes—
(a)selling it,
(b)exchanging it for a consideration other than money,
(c)giving it as a prize or otherwise making a gift of it,
(d)otherwise making the firework available.
(6)This section is subject to section 38 and schedule 1 (exemptions).
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