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Fireworks and Pyrotechnic Articles (Scotland) Act 2022

Section 35—Prohibition of pyrotechnic articles in public places

86.Section 35 makes it an offence for a person to possess (without reasonable excuse) a pyrotechnic article, other than a category F1 firework, in a public place. For the purpose of this section, anywhere other than a private dwelling (and any associated private garden or outbuildings) is to be considered a public place.

87.Subsection (3) makes clear that the possession of pyrotechnic articles in connection with a person’s employment or with an activity where it is appropriate to carry an item like safety flare (such as mountaineering) is not an offence.

88.The section is also subject to some further exemptions (see section 38 and paragraphs 23 and 29 of schedule 1).

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