Explanatory Notes

Fireworks and Pyrotechnic Articles (Scotland) Act 2022

2022 asp 9

10 August 2022

The Act

Overview

Part 1: Key concepts
Section 2—Categories of fireworks

14.Section 2(1) of the Act defines the different types of fireworks by reference to categories. Those categories are taken from the British Standards identified in the definition of “firework” in section 1.

15.The British Standards set out how a firework should be categorised in more detail. Some descriptions of fireworks, such as sparklers and rockets, can fall within more than one category. This is because the category of a particular firework depends on its net explosive content (NEC).

16.While there are some exceptions—

17.F4 fireworks present a high hazard and are not available to members of the public.

18.“Batteries” are collections of the same type of firework fused together. “Combinations” are collections of different types of fireworks fused together.

19.Pyrotechnic articles that are not categorised as fireworks include theatrical pyrotechnic articles, often referred to as stage pyrotechnics or special effects.  These items are designed for use on stage and in theatres, or in television shows, films, sporting events and concerts. Examples include maroons and stage gerbs (theatrical fountains).  Other pyrotechnic articles that are not categorised as fireworks include devices designed for life saving such as distress flares and distress rockets, and paintball accessories such as smoke devices.

20.Subsection (2)(a) allows the Scottish Ministers to make regulations to modify the categories of fireworks set out in subsection (1) to take account of, for example, future developments in fireworks technology, standards, or specifications.

21.Subsection (2)(b) allows the Scottish Ministers to make regulations specifying the requirements for “specialist knowledge” for the purposes of the definition of a “category F4 firework” set out in subsection (1).