The Fireworks (Scotland) Regulations 2004

Interpretation

2.  In these Regulations–

“adult firework” means

(a)

any firework which does not comply with the relevant requirements of Part 2 of BS 7114 when tested in accordance with the appropriate test method (if any) in Part 3 of BS 7114; or

(b)

any firework (except for a cap, cracker snap, novelty match, party popper, serpent, sparkler or throwdown) which does comply with those requirements;

“amorce” means a firework which is a percussion cap designed for use in toys, which comprises a paper envelope containing a dot of impact-sensitive pyrotechnic composition and which forms part of a roll;

“BS 7114” means the British Standard Specification comprising the following parts–

(a)

BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30th November 1988(1);

(b)

BS 7114: Part 2: 1988, the British Standard Specification for fireworks published on 30th November 1988(2); and

(c)

BS 7114: Part 3: 1988, the British Standard Specification for methods of test for fireworks published on 30th November 1988(3);

and references to Parts 1, 2 or 3 of BS 7114 shall be construed accordingly;

“cap” means a firework (including an amorce) designed for use in toys which comprises a non-metallic envelope or cup containing a dot of impact-sensitive pyrotechnic composition, and which produces a report when it is hit;

“category 3 firework” means a firework classified as category 3 under Part 1 of BS 7114;

“category 4 firework” means a firework classified as category 4 under Part 1 of BS 7114;

“cracker snap” means a firework–

(a)

which comprises two overlapping strips of card or paper with a friction-sensitive explosive composition in sliding contact with an abrasive surface; and

(b)

which produces a report when pulled apart;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(4);

“novelty match” means a firework comprising a match with a dot of pyrotechnic composition which is designed to be held in the hand while functioning and whose functioning involves a report or the production of visual effects, or both;

“party popper” means a firework comprising a device–

(a)

which is designed to be held in the hand while functioning;

(b)

which is operated by a pull-string with an abrasive surface in sliding contact with a friction-sensitive pyrotechnic composition; and

(c)

whose functioning involves a report with the ejection of streamers or confetti, or both;

“pyrotechnic composition” means a substance or a mixture of a substance designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reactions;

“serpent” means a firework, comprising a pre-formed shape of pyrotechnic composition, with or without support, whose functioning involves the generation of expanded residue;

“sparkler” means a firework, other than a category 3 or category 4 firework, comprising a rigid wire partially coated with slow-burning pyrotechnic composition, whose functioning involves the emission of sparks without a report;

“the enforcement duty” means the duty imposed by section 27(1) of the Consumer Protection Act 1987(5), insofar as that duty is, by virtue of section 12(1) of the Fireworks Act 2003(6) exercisable in relation to the enforcement of the prohibition imposed by regulation 3 of these Regulations; and

“throwdown” means a firework comprising impact-sensitive explosive composition and grains of inert material wrapped in paper or foil and which functions to produce a report when thrown onto the ground.

(1)

ISBN 0 580 17026 8.

(2)

ISBN 0 580 17027 6.

(3)

ISBN 0 580 17028 4.

(4)

1994 c. 39.

(5)

1987 c. 43.

(6)

2003 c. 22.