2023 No. 176 (C. 17)

Fireworks

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 56(2) and (3) of the Fireworks and Pyrotechnic Articles (Scotland) Act 20221.

Citation and commencement1

These Regulations may be cited as the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023 and come into force on 22 June 2023.

Appointed Day2

1

22 June 2023 is the day appointed for the coming into force of the provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 specified in column 1 of the table in the schedule (the subject matter of which is described in the corresponding entry in column 2 of the table).

2

Where a purpose is specified in column 3 of the table in the schedule, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.

SIOBHIAN BROWNAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

SCHEDULE

Regulation 2

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purpose)

Section 26

Application of Part 4

Section 27

Firework control zones

Section 28

Prior consultation on proposals

Section 29

Publication of decision on proposal

Section 30

Publicising firework control zones

Section 31

Review of operation and effectiveness

Section 32

Power to make further provision

Section 33

Guidance

Section 38(1)

Exemptions from offences in Act

For the purpose of paragraphs 5, 12, 18 and 22 of schedule 1.

Schedule 1, paragraphs 5, 12 18 and 22

Exemptions from offences in section 27

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the commencement, on 22 June 2023, of the following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”): sections 26, 27, 28, 29, 30, 31, 32, 33 and 38(1) (partially, insofar as that subsection relates to certain provisions of schedule 1), and paragraphs 5, 12, 18 and 22 of schedule 1.

The Act makes provision in relation to regulating the use, supply and possession of fireworks and other pyrotechnic articles. The sections commenced by these Regulations confer powers on local authorities to designate a place within their area as a firework control zone, and make provision as to how those powers are to be exercised. Section 27(2) provides that the use of fireworks within a firework control zone, or the firing of a firework into such a zone, is an offence. Paragraphs 5, 12, 18 and 22 of schedule 1 set out exemptions permitting the use of fireworks in a firework control zone in particular circumstances.

The Bill for the Act received Royal Assent on 10 August 2022. By virtue of section 56 of the Act, sections 50, 51, 52, 53, 56 and 57 came into force on the day following Royal Assent.

NOTE AS TO EARLIER COMMENCEMENT REGULATIONS

(This note is not part of the Regulations)

The following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 have been brought into force by commencement regulations made before the date of these Regulations.

Provision

Date of Commencement

Instrument No.

Section 1

10 October 2022

S.S.I. 2022/280

Section 2

10 October 2022

S.S.I. 2022/280

Section 20(1)(a), (2)(a) and (3)

10 October 2022

S.S.I. 2022/280

Section 21

10 October 2022

S.S.I. 2022/280

Section 34

6 June 2023

S.S.I. 2023/99

Section 35

6 June 2023

S.S.I. 2023/99

Section 36

6 June 2023

S.S.I. 2023/99

Section 37

6 June 2023

S.S.I. 2023/99

Section 38(1) (partially)

10 October 2022

S.S.I. 2022/280

Section 38(1) (partially)

6 June 2023

S.S.I. 2023/99

Section 38(2) and (3)

10 October 2022

S.S.I. 2022/280

Section 40

10 October 2022

S.S.I. 2022/280

Section 41

10 October 2022

S.S.I. 2022/280

Section 44

10 October 2022

S.S.I. 2022/280

Section 45

10 October 2022

S.S.I. 2022/280

Section 46

10 October 2022

S.S.I. 2022/280

Section 47

10 October 2022

S.S.I. 2022/280

Section 48(1)(b), (6), (7), (8)

10 October 2022

S.S.I. 2022/280

Section 49

10 October 2022

S.S.I. 2022/280

Section 54

10 October 2022

S.S.I. 2022/280

Section 55

10 October 2022

S.S.I. 2022/280

Schedule 1, paragraph 6

6 June 2023

S.S.I. 2023/99

Schedule 1, paragraph 9

10 October 2022

S.S.I. 2022/280

Schedule 1, paragraph 13

6 June 2023

S.S.I. 2023/99

Schedule 1, paragraph 19

6 June 2023

S.S.I. 2023/99

Schedule 1, paragraph 23

6 June 2023

S.S.I. 2023/99

Schedule 1, paragraph 24

6 June 2023

S.S.I. 2023/99

Schedule 1, paragraph 25

10 October 2022

S.S.I. 2022/280

Schedule 1, paragraph 28

10 October 2022

S.S.I. 2022/280

Schedule 1, paragraph 29

6 June 2023

S.S.I. 2023/99

Schedule 1, paragraph 30

10 October 2022

S.S.I. 2022/280