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Fireworks and Pyrotechnic Articles (Scotland) Act 2022

Section 41—Search for fireworks or pyrotechnic articles without warrant

101.Where a constable has reasonable grounds to suspect that a person has committed or may be committing an offence under the Act, the constable may stop and search the person and, if relevant, a vehicle (and anything on or in it). This particularly relates to the possession of fireworks or pyrotechnic articles in circumstances where those items are prohibited such as at a designated sporting event or public assembly. However, it may also be relevant where a person is suspected of having acquired fireworks without having a fireworks licence.

102.Where a constable finds a firework or pyrotechnic article which tends to show that an offence is being (or has been) committed under the Act, the constable can keep that item, as well as any other item found in the course of a search which may be relevant to the commission of the offence, as evidence.

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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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