Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (asp 9)

Part 1 Key concepts

1 Meaning of “firework” and “pyrotechnic article”

(1) In this Act—

• “firework” means a pyrotechnic article which—

  (a)

  is a firework for the purposes of the following British Standards or any British Standard replacing them—

  (i)

  BS EN 15947:2015, or

  (ii)

  BS EN 16261:2012, or

  (b)

  would be a firework for those purposes if it were intended as a form of entertainment,

• “pyrotechnic article” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.

(2) But, for the purposes of this Act, a projectile, propelling charge or blank ammunition used in a portable firearm, other gun or artillery is not a pyrotechnic article.

(3) The Scottish Ministers may by regulations modify—

(a) subsection (1) to amend or replace the definition of “firework”, or

(b) subsection (2) to add, amend or remove articles or descriptions of types of articles that are not to be treated as a pyrotechnic article for the purposes of this Act.

(4) Regulations under subsection (3) are subject to the affirmative procedure.

2 Categories of fireworks

(1) In this Act—

• “category F1 firework” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings,

• “category F2 firework” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas,

• “category F3 firework” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health,

• “category F4 firework” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.

(2) The Scottish Ministers may by regulations—

(a) modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks,

(b) make further provision about the requirements a person must meet to demonstrate “specialist knowledge” for the purposes of the definition of a “category F4 firework”.

(3) Regulations—

(a) under subsection (2)(a) are subject to the affirmative procedure,

(b) under subsection (2)(b) are subject to the negative procedure.