- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)This section applies where—
(a)the Scottish Ministers revoke a person’s licence by giving notice under section 12(3),
(b)a court convicts a person of an offence under this Act, or
(c)a court cancels a person’s fireworks licence under section 13(2).
(2)Subsection (3) applies where—
(a)a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12(3) which revokes a person’s fireworks licence, and
(b)the person appeals against the decision to revoke the person’s fireworks licence (and does not withdraw that appeal prior to its determination).
(3)Where this subsection applies—
(a)if the appeal is successful, the firework must be returned,
(b)if the appeal is unsuccessful, the sheriff may make such order for the disposal of the firework as the sheriff considers appropriate.
(4)Subsection (5) applies where—
(a)a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12(3) which revokes a person’s fireworks licence, and
(b)the person—
(i)does not appeal against the decision to revoke the person’s fireworks licence, or
(ii)makes and subsequently withdraws an appeal against such a decision.
(5)Where this subsection applies, the firework is to be disposed of in such manner as the chief constable considers appropriate.
(6)The court by which a person is convicted or, as the case may be, which cancels a person’s fireworks licence may make an order for the forfeiture or disposal of any firework or pyrotechnic article—
(a)to which the offence relates, or
(b)which is possessed by the person.
(7)A constable may seize and retain a firework or pyrotechnic article which may be the subject of an order for forfeiture under this section.
(8)Where a court orders the disposal of a firework or pyrotechnic article seized and retained under this Act by a constable or an officer of a local weights and measures authority, the firework or pyrotechnic article may be disposed of in such manner as the chief constable or, as the case may be, the local weights and measures authority considers appropriate.
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.
Text created by the Scottish Government 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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: