Section 11: Offences
42.The following offences are created by subsections (1) to (3):
contravening a prohibition imposed by fireworks regulations;
failing to comply with a requirement imposed in or under fireworks regulations to give or not give information; and,
knowingly or recklessly making a statement which is false in a material particular when a requirement to give information is imposed by or under fireworks regulations.
43.Subsection (4) provides that the maximum penalty is six months’ imprisonment or a fine not exceeding level 5 on the standard scale (currently £5,000) or both.
44.Subsection (5) provides that fireworks regulations may not provide that any contravention of the regulations are an offence.
45.Subsection (6) applies certain provisions of section 11 of the 1987 Act concerning the commencement of proceedings to fireworks regulations as to safety regulations.
46.Subsection (7) applies section 39 of the 1987 Act (defence of due diligence) to certain offences under this clause.
47.Subsection (8) provides a defence for a contravention of a prohibition under clause 3(1) for a person to show that he had no reason to suspect that the person supplied the fireworks was below the age specified.
48.Subsection (9) applies section 40(2) and (3) of the 1987 Act (offences by bodies corporate) to an offence under this clause as to an offence under the 1987 Act.
