The Fireworks Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations (which do not extend to Northern Ireland) make certain provisions in relation to fireworks in order to minimise the risk that fireworks will be used with harmful consequences for people, animals or property.

The Regulations prohibit persons under eighteen from possessing all fireworks (with the exception of the firework types listed in regulation 3(2)(b)) in a public place (regulation 3). The Regulations also prohibit persons of any age from possessing (in a public place or elsewhere) a category 4 firework (regulation 4). A category 4 firework is defined in regulation 2(1) by reference to the categorisation of fireworks under British Standard 7114. Both these prohibitions are subject to the exceptions in regulation 5.

The exceptions in regulation 5 allow a person under eighteen to be in possession of a firework in a public place, or a person of any age to be in possession of a category 4 firework in the following cases—

(a) professional organisers or operators of firework displays, or their employees;

(b) manufacturers (or their employees) of fireworks or assemblies containing fireworks;

(c) suppliers (or their employees) of fireworks or assemblies containing fireworks for the purposes of supplying the fireworks in accordance with the Fireworks (Safety) Regulations 1997;

(d) employees of local authorities, Government departments and naval, military and air force establishments, for the purposes of firework displays or for use at national public celebrations or commemorative events (or in the case of Government departments, for research or investigations purposes);

(e) persons using fireworks, in the course of their trade, business or employment, for special effects purposes in the theatre, on film or on television;

(f) for the purposes of test purchases by bodies with enforcement powers; and

(g) suppliers (or their employees) of goods for use with fireworks or assemblies containing fireworks, who are using the fireworks to test those goods to ensure they perform correctly or comply with safety legislation.

By virtue of section 11 of the Fireworks Act 2003, a contravention of either regulation 3 or regulation 4 is a criminal offence. Although section 12 of the Fireworks Act 2003 and section 27(1) of the Consumer Protection Act 1987 provide that it is the duty of local weights and measures authorities to enforce these Regulations, this duty is transferred to the relevant police forces (regulation 6).

These Regulations will expire within twelve months of their coming into force.

Copies of British Standard 7114 and the British Standards referred to in it, are available from any of the sales outlets operated by the British Standards Institution, by post from BSI at 389 Chiswick High Road, London W4 4AL or from any of the bookshops operate by the Stationery Office Limited.

A Regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are also available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, Room 427, 1, Victoria Street, London, SW1H 0ET.