- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
18. (1) It shall be the duty of an enforcement authority to enforce regulation 4(1) and Part 2 within its area.
(2) In addition, the Secretary of State may enforce regulation 4(1) and Part 2.
(3) Enforcement authorities shall carry out regular inspections in relation to category 1, 2 or 3 fireworks following entry into the EU and at storage sites.
(4) The Health and Safety Executive shall carry out regular inspections in relation to category 1, 2 and 3 fireworks at manufacturing sites within Great Britain and the Secretary of State shall carry out the same duty within Northern Ireland.
(5) Where as a result of an inspection under paragraph (4) a contravention of regulation 4(1) or of Part 2 is suspected the Health and Safety Executive within Great Britain may take action in accordance with regulations 36(6), 37(1), (5), (6), (8) and (9) and 38 and Schedule 4.
(6) Schedule 4 applies for the purposes of an inspection under paragraph (4).
(7) For the purposes of paragraphs (5) and (6), regulations 36(6), 37(1), (5), (6), (8) and (9), 38 and Schedule 4 shall be read as if any reference to—
(a)Part 3 were a reference to Part 2;
(b)a pyrotechnic article were, as the case may be, a reference to a category 1, 2 or 3 firework;
(c)a reference to regulation 4(3) were a reference to regulation 4(1);
(d)a reference to a provision in Part 3 were a reference to the corresponding provision in Part 2.
(8) A weights and measures authority in England or Wales shall have the power to investigate and prosecute for an alleged contravention of these Regulations which was committed outside its area in any part of England or Wales.
(9) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of these Regulations which was committed outside its area in any part of Northern Ireland.
(10) Any action of an enforcement authority or the Secretary of State under this regulation or regulation 19 shall take due account of the presumption (which presumption shall be rebuttable) that category 1, 2 or 3 fireworks marked with a CE marking are in conformity with the essential safety requirements set out in paragraphs 1 and 2 of Schedule 2.
(11) The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of paragraph (2) or (4).
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: