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The Pyrotechnic Articles (Safety) Regulations 2015

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  1. Introductory Text

  2. PART 1 Preliminary

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 2A.Interpretation: designated standard

    4. 3.Definition of “pyrotechnic article”

    5. 4.Exception for trade fairs, exhibitions and demonstrations

    6. 5.Exception for research, development and testing

  3. PART 2 Obligations of economic operators

    1. Chapter 1 Manufacturers

      1. 6.Categorisation

      2. 7.Design and manufacture in accordance with essential safety requirements

      3. 8.Technical documentation and conformity assessment

      4. 9.EU declaration of conformity and CE marking

      5. 10.Retention of technical documentation and EU declaration of conformity

      6. 11.Labelling of pyrotechnic articles other than pyrotechnic articles for vehicles

      7. 12.Labelling of pyrotechnic articles for vehicles

      8. 13.Compliance procedures for series production

    2. Chapter 2 Importers

      1. 14.Prohibition on placing on the market pyrotechnic articles which are not in conformity

      2. 15.Requirements which must be satisfied before an importer places a pyrotechnic article on the market

      3. 16.Prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements

      4. 17.Information identifying importer

      5. 18.Instructions and safety information

      6. 19.Retention of technical documentation and EU declaration of conformity

    3. Chapter 3 Manufacturers and importers

      1. 20.Traceability

      2. 21.Monitoring

      3. 22.Duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity

      4. 23.Provision of information and cooperation

    4. Chapter 4 Distributors

      1. 24.Duty to act with due care

      2. 25.Requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market

      3. 26.Prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements

      4. 27.Duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity

      5. 28.Provision of information and cooperation

    5. Chapter 5 Importers and distributors

      1. 29.Storage and transport

      2. 30.Cases in which obligations of manufacturers apply to importers and distributors

    6. Chapter 6 All economic operators

      1. 31.Prohibition on making available to persons younger than the minimum age limit

      2. 32.Prohibition on making available to persons without specialist knowledge

      3. 33.Prohibitions on making available certain category F2 and F3 fireworks

      4. 34.Prohibition on making pyrotechnic articles for vehicles available to members of the general public

      5. 35.Supply of UK safety data sheet

      6. 36.Translation of declaration of conformity

      7. 37.Identification of economic operators

      8. 38.Prohibition on improper use of UK marking

      9. 38A.Obligations which are met by complying with obligations in the Directive

      10. 38B.Obligations which are met by complying with obligations in the Directive that relate to the registration number

      11. 38C.Obligations which are met by complying with obligations in the Directive that relate to safety data sheet

      12. 38D.Conformity assessment procedure obligation which is met by complying with the Directive

      13. 38E. Expiry of regulations 38A to D

      14. 38F.Qualifying Northern Ireland Goods

  4. PART 3 Conformity assessment

    1. 39.Presumption of conformity

    2. 40.Conformity assessment procedures

    3. 41.... Declaration of conformity

    4. 42. UK marking

    5. 42A.UK(NI) indication

    6. 42B.Register of UK notified bodies

  5. PART 4 Approval of Conformity Assessment Bodies

    1. 43.Approved bodies

    2. 44.Approval of conformity assessment bodies

    3. 45.Presumption of conformity of approved bodies

    4. 46.Monitoring

    5. 47.Restriction, suspension or withdrawal of approval

    6. 48.Operational matters in relation to approved bodies

    7. 49.Subsidiaries and contractors

    8. 50.Register of approved bodies

    9. 51.UK national accreditation body

  6. PART 5 Market surveillance and enforcement

    1. 52.Designation of market surveillance authority

    2. 53.Enforcement

    3. 54.Enforcement powers

    4. 55.Exercise of enforcement powers

    5. 56.Evaluation of pyrotechnic articles presenting a risk

    6. 57.Enforcement action in respect of pyrotechnic articles which are not in conformity and which present a risk

    7. 58.EU safeguard procedure

    8. 59.Enforcement action in respect of pyrotechnic articles which are in conformity, but present a risk

    9. 60.Enforcement action in respect of formal non-compliance

    10. 61.Restrictive measures

    11. 62.Offences

    12. 63.Penalties

    13. 64.Defence of due diligence

    14. 65.Liability of persons other than principal offender

    15. 66.Time limit for prosecution of offences

    16. 67.Service of documents

    17. 68.Recovery of expenses of enforcement

    18. 69.Action by enforcing authority

    19. 70.Appeals against notices

    20. 71.Appropriate court for appeals against notices

    21. 72.Compensation

  7. PART 6 Miscellaneous

    1. 73.Review

    2. 74.Transitional provisions

    3. 74A.Transitional provision in relation to EU Exit

    4. 75.Consequential revocations, savings and amendments

  8. Signature

    1. SCHEDULE 1

      Categories of pyrotechnic article

      1. 1.Fireworks

      2. 2.Category F2 fireworks are fireworks which present a low hazard...

      3. 3.Category F3 fireworks are fireworks which present a medium hazard,...

      4. 4.Category F4 fireworks are fireworks which present a high hazard,...

      5. 5.Theatrical pyrotechnic articles

      6. 6.Category T2 theatrical pyrotechnic articles are theatrical pyrotechnic articles which...

      7. 7.Other pyrotechnic articles

      8. 8.Category P2 other pyrotechnic articles are pyrotechnic articles, other than...

    2. SCHEDULE 2

      Essential safety requirements

      1. 1.(1) Each pyrotechnic article must attain the performance characteristics specified...

      2. 2.Fireworks

      3. 3.Other pyrotechnic articles

      4. 4.Ignition devices

    3. SCHEDULE 2A

      Conformity Assessment Procedures (Annex II to the Directive)

      1. PART 1 Module B: Type Examination

        1. 1.Type examination is the part of a conformity assessment procedure...

        2. 2.Type examination shall be carried out as an assessment of...

        3. 3.The manufacturer shall lodge an application for a Type examination...

        4. 4.The approved body shall: For the pyrotechnic article:

        5. 4.1.Examine the technical documentation and supporting evidence to assess the...

        6. 4.2.Verify that the specimen(s) have been manufactured in conformity with...

        7. 4.3.Carry out appropriate examinations and tests, or have them carried...

        8. 4.4.Carry out appropriate examinations and tests, or have them carried...

        9. 4.5.Agree with the manufacturer on a location where the examinations...

        10. 5.The approved body shall draw up an evaluation report that...

        11. 6.Where the type meets the requirements of these Regulations that...

        12. 7.The approved body shall keep itself apprised of any changes...

        13. 8.Each approved body shall inform the Secretary of State concerning...

        14. 9.The manufacturer shall keep a copy of the Type examination...

      2. PART 2 Module C2: Conformity to type based on internal production control plus supervised product checks at random intervals

        1. 1.Conformity to type based on internal production control plus supervised...

        2. 2.Manufacturing The manufacturer shall take all measures necessary so that...

        3. 3.Product checks An approved body, chosen by the manufacturer, shall...

        4. 4.UK marking and declaration of conformity

        5. 4.1.The manufacturer shall affix the UK marking to each individual...

        6. 4.2.The manufacturer shall draw up a written declaration of conformity...

      3. PART 3 Module D: Conformity to type based on quality assurance of the production process

        1. 1.Conformity to type based on quality assurance of the production...

        2. 2.Manufacturing The manufacturer shall operate an approved quality system for...

        3. 3.Quality system

        4. 3.1.The manufacturer shall lodge an application for assessment of his...

        5. 3.2.The quality system shall ensure that the pyrotechnic articles are...

        6. 3.3.The approved body shall assess the quality system to determine...

        7. 3.4.The manufacturer shall undertake to fulfil the obligations arising out...

        8. 3.5.The manufacturer shall keep the approved body that has approved...

        9. 4.Surveillance under the responsibility of the approved body

        10. 4.1.The purpose of surveillance is to make sure that the...

        11. 4.2.The manufacturer shall, for assessment purposes, allow the approved body...

        12. 4.3.The approved body shall carry out periodic audits to make...

        13. 4.4.In addition, the approved body may pay unexpected visits to...

        14. 5.UK marking and declaration of conformity

        15. 5.1.The manufacturer shall affix the UK marking, and, under the...

        16. 5.2.The manufacturer shall draw up a written declaration of conformity...

        17. 6.The manufacturer shall, for a period ending 10 years after...

        18. 7.Each approved body shall inform the Secretary of State of...

      4. PART 4 Module E: Conformity to type based on product quality assurance

        1. 1.Conformity to type based on product quality assurance is that...

        2. 2.Manufacturing The manufacturer shall operate an approved quality system for...

        3. 3.Quality system

        4. 3.1.The manufacturer shall lodge an application for assessment of his...

        5. 3.2.The quality system shall ensure compliance of the pyrotechnic articles...

        6. 3.3.The approved body shall assess the quality system to determine...

        7. 3.4.The manufacturer shall undertake to fulfil the obligations arising out...

        8. 3.5.The manufacturer shall keep the approved body that has approved...

        9. 4.Surveillance under the responsibility of the approved body

        10. 4.1.The purpose of surveillance is to make sure that the...

        11. 4.2.The manufacturer shall, for assessment purposes, allow the approved body...

        12. 4.3.The approved body shall carry out periodic audits to make...

        13. 4.4.In addition, the approved body may pay unexpected visits to...

        14. 5.UK marking and declaration of conformity

        15. 5.1.The manufacturer shall affix the UK marking, and, under the...

        16. 5.2.The manufacturer shall draw up a written declaration of conformity...

        17. 6.The manufacturer shall, for a period ending 10 years after...

        18. 7.Each approved body shall inform the Secretary of State of...

      5. PART 5 Module G: Conformity based on unit verification

        1. 1.Conformity based on unit verification is the conformity assessment procedure...

        2. 2.Technical documentation The manufacturer shall establish the technical documentation and...

        3. 3.Manufacturing The manufacturer shall take all measures necessary so that...

        4. 4.Verification An approved body chosen by the manufacturer shall carry...

        5. 5.UK marking and declaration of conformity

        6. 5.1.The manufacturer shall affix the UK marking and, under the...

        7. 5.2.The manufacturer shall draw up a written declaration of conformity...

      6. PART 6 Module H: Conformity based on full quality assurance

        1. 1.Conformity based on full quality assurance is the conformity assessment...

        2. 2.Manufacturing The manufacturer shall operate an approved quality system for...

        3. 3.Quality system

        4. 3.1.The manufacturer shall lodge an application for assessment of his...

        5. 3.2.The quality system shall ensure compliance of the pyrotechnic articles...

        6. 3.3.The approved body shall assess the quality system to determine...

        7. 3.4.The manufacturer shall undertake to fulfil the obligations arising out...

        8. 3.5.The manufacturer shall keep the approved body that has approved...

        9. 4.Surveillance under the responsibility of the approved body

        10. 4.1.The purpose of surveillance is to make sure that the...

        11. 4.2.The manufacturer shall, for assessment purposes, allow the approved body...

        12. 4.3.The approved body shall carry out periodic audits to make...

        13. 4.4.In addition, the approved body may pay unexpected visits to...

        14. 5.UK marking and declaration of conformity

        15. 5.1.The manufacturer shall affix the UK marking and, under the...

        16. 5.2.The manufacturer shall draw up a written declaration of conformity...

        17. 6.The manufacturer shall, for a period ending 10 years after...

        18. 7.Each approved body shall inform the Secretary of State of...

    4. SCHEDULE 3

      Labelling: required information

      1. 1.Labelling

      2. 2.Additional instructions and safety information

      3. 3.The labelling of sparklers must also display the words “Warning:...

      4. 4.The labelling of a theatrical pyrotechnic article must also display...

      5. 5.The labelling of a category P1 other pyrotechnic article or...

      6. 6.In paragraph 3, “sparkler” means a rigid wire article partially...

    5. SCHEDULE 3A

      Declaration of Conformity (Annex III to the Directive)

      1. (1) UK registration number: (2) Product, batch or serial number:...

      2. Signed for and on behalf of:

      3. [place and date of issue]:

      4. [name, function] [signature]:

    6. SCHEDULE 4

      Persons with specialist knowledge

      1. 1.Person with specialist knowledge: category F4 fireworks

      2. 2.Person with specialist knowledge: category T2 theatrical pyrotechnic articles

      3. 3.Person with specialist knowledge: category P2 other pyrotechnic articles

      4. 4.Person with specialist knowledge: officers of enforcing authorities

      5. 5.Interpretation

    7. SCHEDULE 5

      Approved body requirements

      1. 1.A conformity assessment body must be established under the national...

      2. 2.A conformity assessment body must be a third party body...

      3. 3.(1) A conformity assessment body, its top level management and...

      4. 4.A conformity assessment body, its top level management and the...

      5. 5.A conformity assessment body, its top level management and the...

      6. 6.A conformity assessment body must ensure that the activities of...

      7. 7.A conformity assessment body and its personnel must carry out...

      8. 8.A conformity assessment body must ensure that it, either on...

      9. 9.A conformity assessment body must have at its disposal—

      10. 10.A conformity assessment body must have the means necessary to...

      11. 11.The personnel responsible for carrying out conformity assessment activities must...

      12. 12.A conformity assessment body must be able to demonstrate the...

      13. 13.The remuneration of the top level management and the personnel...

      14. 14.A conformity assessment body must have, and must satisfy the...

      15. 15.A conformity assessment body must ensure that its personnel observe...

      16. 16.Paragraph 15 does not prevent the personnel from providing information...

      17. 17.A conformity assessment body must participate in, or ensure that...

    8. SCHEDULE 6

      Operational obligations of approved bodies

      1. 1.A notified body An approved body must carry out conformity...

      2. 2.A notified body An approved body must carry out conformity...

      3. 3.A notified body An approved body must perform its activities...

      4. 4.A notified body An approved body must respect the degree...

      5. 5.An approved body carrying out a conformity assessment must—

      6. 5A.(1) Pyrotechnic articles must be labelled with a UK registration...

      7. 6.From IP completion day— (a) an entry made in the...

      8. 6A.(1) Entries made in the register from IP completion day...

      9. 7.Where an approved body finds that essential safety requirements or...

      10. 8.Where, in the course of the monitoring of conformity following...

      11. 9.Where the notified body the approved body has required a...

      12. 10.Paragraph 11 applies where a notified body an approved body...

      13. 11.Where this paragraph applies, the notified body the approved body...

      14. 12.A notified body An approved body must inform the Secretary...

      15. 13.A notified body An approved body must make provision in...

      16. 14.An approved body must provide other bodies approved under these...

      17. 15.An approved body must participate in the work of any...

    9. SCHEDULE 7

      Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act

      1. 1.Enforcement powers under the 1987 Act

      2. 2.Modifications to the 1987 Act

    10. SCHEDULE 8

      Enforcement powers of the Health and Safety Executive under the 1974 Act

      1. 1.Enforcement powers under the 1974 Act

      2. 2.Modifications to the 1974 Act

    11. SCHEDULE 9

      Compliance, withdrawal and recall notices

      1. 1.Compliance notice

      2. 2.Withdrawal notice

      3. 3.Recall notice

      4. 4.Interpretation

    12. SCHEDULE 10

      Consequential amendments to the Fireworks Regulations 2004

      1. 1.The Fireworks Regulations 2004 are amended as set out below....

      2. 2.In regulation 3 (interpretation)— (a) for the definition of “adult...

      3. 3.In regulation 5 (prohibition of possession of category 4 fireworks),...

      4. 4.In regulation 6(1)(c) (exceptions to regulations 4 and 5), for...

      5. 5.In regulation 9 (licensing of fireworks suppliers)—

      6. 6.In regulation 10 (information about fireworks)— (a) in paragraph (1),...

    13. SCHEDULE 11

      Consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002

      1. 1.The Explosives (Fireworks) Regulations (Northern Ireland) 2002 are amended as...

      2. 2.In regulation 2 (interpretation)— (a) after “In these Regulations—”, insert—...

      3. 3.In regulation 4(1) (prohibition on the possession, purchase, sale, acquisition,...

      4. 4.In regulation 7 (production of licence)— (a) in paragraph (2),...

      5. 5.In regulation 11(1)(a) (display of notice and certificate)—

      6. 6.In regulation 12 (transactions in fireworks), for “the fireworks in...

      7. 7.In Schedule 1 (fireworks exempt from the provisions of regulation...

      8. 8.Omit Schedule 2.

  10. Explanatory Note

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