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Interpretation

2.—(1) In these Regulations—

“air bomb” means a Roman candle the functioning of which comprises only the ejection of any number of pyrotechnic units, the principal effect of which is any number of reports;

“another member state” means a member state other than the United Kingdom;

“assembly” means an assembly which includes any fireworks;

“aural effect” does not include any effect which is only incidental to a visual effect;

“banger” means a firework (other than an air bomb)—

(a)

which comprises a tube which contains black powder and has a fuse; and

(b)

the functioning of which principally involves a report;

“BS 7114” means the British Standard Specification comprising the following parts—

(a)

BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30th November 1988(1);

(b)

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

(c)

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

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

“category 1 firework” means a firework classified as category 1 under Part 1 of BS 7114 and includes an assembly so classified;

“category 2 firework” means a firework classified as category 2 under Part 1 of BS 7114 and includes any assembly so classified, and any reference to a particular firework or assembly being “in category 2” shall be construed accordingly;

“category 4 firework” means a firework classified as category 4 under Part 1 of BS 7114 and includes any assembly so classified, and any reference to a particular firework or assembly being “in category 4” shall be construed accordingly;

“competent authority” means an authority in another member state recognised by the Secretary of State as competent to classify fireworks;

“enforcing authority” means an authority with a duty to enforce the General Product Safety Regulations 1994(4) as defined by regulation 11(c) of those Regulations or an authority with a duty to enforce the Consumer Protection Act 1987(5) as defined by section 27(1)(a) of that Act;

“firework” means a device intended for use as a form of entertainment which contains, or otherwise incorporates, explosive composition or pyrotechnic composition (or both), and which, upon functioning, burns or explodes (or both) to produce a visual or aural effect (or both);

“firework of erratic flight” means a firework the functioning of which involves it following a random trajectory or a random path along the ground, whether or not it functions within a pre-determined range;

“mini-rocket” means a firework, which is designed so that, on functioning, it propels itself into the air, and which comprises a tube—

(a)

the outside diameter of which, at the point where that diameter is greatest, is less than 12 millimetres;

(b)

which contains pyrotechnic composition or pyrotechnic units;

(c)

which is equipped with a stick or sticks for the purposes of stabilising its flight; and

(d)

the overall length of which (including the length of any stick or sticks) is no more than 300 millimetres;

“original package” means the package in which the fireworks were supplied for the purpose of retail sale by the manufacturer or importer;

“primary pack” means a package of fireworks of the same type, all of which are either category 1 fireworks or category 2 fireworks, which is intended to be offered for retail sale as a single unit;

“pyrotechnic composition” means a substance or a mixture of substances 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;

“selection pack” means a package of fireworks of more than one category or one type offered or intended to be offered for retail sale as a single unit;

“sparkler” means a firework comprising a rigid wire partially coated with slow burning pyrotechnic composition, the functioning of which involves the emission of sparks without a report;

“visual effect” does not include any effect which is only incidental to an aural effect.

(1)

ISBN 0 580 17026 8

(2)

ISBN 0 580 17027 6

(3)

ISBN 0 580 17028 4