2023 No. 99 (C. 10)

Fireworks

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 2) 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. 2) Regulations 2023 and come into force on 6 June 2023.

Appointed Day2

1

6 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.

ELENA WHITHAMAuthorised 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 34

Application of Part 5

Section 35

Prohibition of pyrotechnic articles in public places

Section 36

Prohibition of pyrotechnic articles at designated venues or events

Section 37

Designation of venues or events

Section 38(1)

Exemptions from offences in Act

For the purpose of paragraphs 6, 13, 19, 23, 24 and 29 of schedule 1.

Schedule 1, paragraphs 6, 13, 19, 23, 24 and 29.

Exemptions from offences in sections 35 and 36

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the commencement, on 6 June 2023, of the following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”): sections 34, 35, 36, 37, and 38(1) (partially, insofar as that subsection relates to certain provisions of schedule 1), and paragraphs 6, 13, 19, 23, 24 and 29 of schedule 1.

The Act makes provision in relation to regulating the use, supply and possession of fireworks and other pyrotechnic articles. The provisions commenced by these Regulations create offences of possession of pyrotechnic articles in certain places. Section 35 relates to all pyrotechnic articles (excluding category F1 fireworks) and applies in all public places. Section 36 relates to all pyrotechnic articles (including all fireworks), and applies at designated events or venues. Section 37 allows the Scottish Ministers, by regulations, to designate events or venues for the purpose of the section 36 offence.

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 38(1) (partially)

10 October 2022

S.S.I. 2022/280

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 9

10 October 2022

S.S.I. 2022/280

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 30

10 October 2022

S.S.I. 2022/280