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Fireworks and Pyrotechnic Articles (Scotland) Act 2022

Section 24—Restrictions on days of use of fireworks

65.Section 24 restricts the days on which category F2 and F3 fireworks may be used. Those days are listed in subsection (3) and cover specified periods in relation to Vaisakhi, Guy Fawkes Day, Hogmanay, Chinese New Year and Diwali. These periods extend a few days beyond the corresponding permitted period for supplying fireworks, to give people time to use any fireworks in their possession.

66.A person who uses fireworks on any other day commits an offence and is liable (on summary conviction) to a fine not exceeding level 5 on the standard scale (currently £5,000) or to a term of imprisonment not exceeding 6 months, or both (see subsections (1) and (2)).

67.The section is subject to some exemptions (see section 38 and paragraphs 4, 11, 17 and 21 of schedule 1). The exemptions mean that a person who is exempt under schedule 1 may use a category F2 or F3 firework on any day but this does not remove the requirement to hold a fireworks licence under section 4 to use such a firework unless the person is exempt from the requirement to hold a fireworks licence. This means that only a person who falls within the exemptions from section 24 and who has a fireworks licence (or who is exempt from the requirement to have a licence) may use a firework on a day that is not specified in section 24.

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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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