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14th July 2004
Laid before Parliament
16th July 2004
Coming into force
Regulations 9 and 11
1st January 2005
7th August 2004
Whereas the Secretary of State considers that there is a risk that the use of fireworks will have the consequences of death of persons or injury, alarm, distress or anxiety to persons; death of animals or injury or distress to animals; or destruction of, or damage to, property;
And whereas the Secretary of State, in accordance with section 2(1)(b) and (2) of the Fireworks Act 2003(1), considers it appropriate to make provision by regulations for securing that the risk that the use of fireworks will have the aforesaid consequences is the minimum compatible with their being used;
And whereas the Secretary of State, in accordance with section 2(3) of that Act, has consulted the Health and Safety Commission, those organisations which appear to her to be representative of interests substantially affected by these Regulations and such other persons whom she considers it appropriate to consult;
And whereas the Secretary of State has issued a full regulatory impact assessment in accordance with section 2(4) of that Act;
And whereas the Commissioners of Customs and Excise, every fire and civil defence authority, every chief officer of police in England and Wales and every chief constable in Scotland have, in accordance with section 27(2)(a) of the Consumer Protection Act 1987(2), agreed to the transfer to them of such enforcement duties as are specified in these Regulations;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by sections 2 to 5 and 7 to 9 of the Fireworks Act 2003 and by sections 11(3) and 27(2) of the Consumer Protection Act 1987 (as applied respectively by sections 11(6) and 12(1) of the Fireworks Act 2003), hereby makes the following Regulations:—
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