Section 48—Forfeiture and disposal of fireworks and pyrotechnic articles
112.Section 48(1) sets out the different situations where the forfeiture and disposal of fireworks or pyrotechnic articles seized or surrendered may occur. This may arise where the Scottish Ministers revoke a person’s licence, a court convicts a person of an offence under the Act or where a court convicts a person for a relevant offence (defined in section 7(4)) and chooses to cancel the person’s licence.
113.Subsections (2) to (5) cater for the situation where the Scottish Ministers revoke a person’s fireworks licence. In those circumstances, any category F2 or F3 fireworks the person has are to be surrendered (see section 12(3) and (4)(b)). If the person appeals the revocation, the fireworks are kept until such time as the appeal is determined and, if the appeal is successful, the fireworks are to be returned. However, if the person doesn’t appeal or the appeal is unsuccessful, the provision allows for the fireworks to be disposed of in a suitable manner.
114.Subsections (6) to (8) deal with the circumstances where a person’s licence is cancelled by a court in connection with an offence (see section 13), or the person has been convicted of an offence under the Act (without a licence being cancelled) and fireworks or pyrotechnic articles belonging to the person have either been taken by the police as evidence or are known to be in the person’s possession. In these circumstances, the court which has convicted the person may order the fireworks or pyrotechnic articles to be forfeited and disposed of in a suitable manner.
