Overview
91.This Part makes provision for exemptions to certain offences under Parts 2 to 5, and in relation to enforcement of offences under the Act.
92.The Act provides the officers of each local weights and measures authority powers to enforce the offences of supplying unlicensed persons with fireworks (see section 5) and supplying fireworks otherwise on the permitted days (see section 22) on a commercial basis. In Scotland, a local weights and measures authority is the local authority for the area. In the following explanatory notes, the local weights and measures authority for a local authority area is referred to as “
93.Trading Standards (and its officers) already have powers in relation to the sale of fireworks, most notably in connection with sales to underage persons (by virtue of section 12 of the Fireworks Act 2003) and enforcement of these new offences will sit alongside those existing powers. Schedule 2 sets out the specific investigatory powers that are available to Trading Standards (and its officers) for enforcing sections 5 and 22.
94.Constables of Police Scotland have general powers of enforcement across the Act.(2) Part 6 bolsters those powers by providing constables with powers of entry (with a warrant) and powers to stop and search (without a warrant) in appropriate circumstances. Constables are also able to seize and retain fireworks and pyrotechnic articles in connection with the offences, as well as any item found in the course of a search which may be relevant to the commission of the offence.
95.Part 6 also provides for a number of general provisions in relation to court proceedings for offences under the Act, including extending the time period for summary prosecutions (see section 45) and providing a mechanism for the forfeiture and disposal of any fireworks or pyrotechnic articles that have been seized in connection with the commission of an offence or surrendered following the revocation of a licence (see section 48).
96.Finally, Part 6 also provides for the aggravation of certain offences where they are committed in a manner involving the use of a firework or pyrotechnic article, and where the victim (or intended victim) is an emergency worker (see section 44).
Section 51 defines a constable for the purposes of the Act. Generally, it is a constable of Police Scotland. However, by virtue of section 31 of the Railways and Transport Safety Act 2003, the powers can also be exercised by a constable of the British Transport Police if the offence is being committed in a railway context.
