The Fireworks (Scotland) Amendment Regulations 2021

Amendment of the Fireworks (Scotland) Regulations 2004

2.—(1) The Fireworks (Scotland) Regulations 2004(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation) after the definition of “local authority” insert—

““public fireworks display” means a fireworks display at which the public, or any section of the public, are present (whether or not they have paid to be),”.

(3) In regulation 3 (prohibition of use of certain fireworks at night)—

(a) in the heading, for “at night” substitute “outside permitted hours”,

(b) in paragraph (1), for “during night hours” substitute “outside permitted hours”,

(c) in paragraph (3) for “In this regulation, “night hours” means the period beginning at 23.00 and ending at 07.00 the following day” substitute “In this regulation “permitted hours” means the period beginning at 18.00 and ending at 23.00”.

(4) After regulation 3 insert—

“Prohibition of supply of certain fireworks outside permitted hours

3A.— (1) Subject to paragraph (3) no person shall supply an adult firework outside permitted hours.

(2) In this regulation “permitted hours” means the period beginning at 07.00 and ending at 18.00.

(3) Paragraph (1) shall not prohibit the supply of fireworks outside permitted hours to any person—

(a) who is employed by, or in business as, a professional organiser or operator of fireworks displays,

(b) who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015(2),

(c) who is employed by a local authority and the fireworks in question are to be used—

(i) for the purposes of putting on a fireworks display by that local authority, or

(ii) at a national public celebration or commemorative event, or

(d) who is the organiser of a public fireworks display and the fireworks in question are to be used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.

Prohibition of supply of certain fireworks in specified circumstances: supply in excess of the permitted quantity

3B.— (1) Subject to paragraph (3) no person shall supply more than the permitted quantity of adult fireworks at any one time.

(2) In this regulation “permitted quantity” means fireworks with a total net mass of explosive substance of 5 kilograms.

(3) Paragraph (1) shall not prohibit the supply of more than the permitted quantity of adult fireworks to any person—

(a) who is employed by, or in business as, a professional organiser or operator of firework displays,

(b) who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015,

(c) who is employed by a local authority and the fireworks in question are to be used—

(i) for the purposes of putting on a firework display by that local authority, or

(ii) at a national public celebration or commemorative event, or

(d) who is the organiser of a public fireworks display and the fireworks in question are to be used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.”.

(5) In regulation 5 (transfer of enforcement duty) after paragraph (2) insert—

“(3) Regulations 5(1) and (2) do not apply to the enforcement duty in respect of regulations 3A and 3B.”.

(1)

S.S.I. 2004/393, as amended by S.S.I. 2005/245 and S.S.I. 2016/18.

(2)

S.I. 2015/1553, as amended by S.I. 2019/696.