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Explosives (Fireworks) Regulations (Northern Ireland) 2002

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Statutory Rules of Northern Ireland

2002 No. 147

EXPLOSIVES

Explosives (Fireworks) Regulations (Northern Ireland) 2002

Made

11th April 2002

To be laid before Parliament

Coming into operation

6th May 2002

The Secretary of State, in pursuance of sections 1(4A) and 3 of the Explosives Act (Northern Ireland) 1970(1), hereby makes the following Regulations:

Citation and commencementN.I.

1.  These Regulations may be cited as the Explosives (Fireworks) Regulations (Northern Ireland) 2002 and shall come into operation on 6th May 2002.

Commencement Information

I1Reg. 1 in operation at 6.5.2002, see reg. 1

InterpretationN.I.

2.—(1) In these Regulations—

[F1the “2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;]

F2...

F2...

F2...

F2...

F2...

F2...

[F3“category F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article) to the 2015 Regulations;]

[F4“category F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;]

[F5“category F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;]

F2...

F2...

[F6“enforcing authority” has the meaning set out in regulation 2(1) (interpretation) of the 2015 Regulations;]

[F7“firework” means any article, intended for entertainment purposes, containing 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;]

F2...

F2...

“pyrotechnic composition” means a substance or a mixture of substances 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;

“sparkler” means a firework comprising a rigid wire partially coated with slow burning pyrotechnic composition, the functioning of which involves the emission of sparks without a report;

F2...

Textual Amendments

Commencement Information

I2Reg. 2 in operation at 6.5.2002, see reg. 1

Savings for Explosives ActsN.I.

3.  Nothing in these Regulations shall affect or derogate from any provisions under the Explosives Act 1875(2) or the [F8Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006] whether by Order in Council, Rule or other Statutory Instrument.

Textual Amendments

Commencement Information

I3Reg. 3 in operation at 6.5.2002, see reg. 1

Part IIN.I.

Prohibition on the possession, purchase, sale, acquisition, handling or use of fireworksN.I.

4.—(1) Subject to regulation 9, the possession, purchase, sale, acquisition, handling or use of fireworks by a person other than a F9... Constable or representative of an enforcing authority acting in his capacity as such shall be prohibited except under licence issued by the Secretary of State.

F10(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I4Reg. 4 in operation at 6.5.2002, see reg. 1

Exception for special effects purposesN.I.

F115.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Licence for the possession, purchase, sale, acquisition, handling or use of fireworksN.I.

6.—(1) An application for a licence under regulation 4(1) shall be made in writing to the Secretary of State and shall be accompanied by such information and in such form and be made in such time as the Secretary of State may require.

(2) A licence under regulation 4(1) shall be in such form and subject to such conditions bearing on health and safety as the Secretary of State may require.

(3) Without prejudice to the generality of paragraph (2), the conditions imposed under that paragraph may include conditions as to the persons who are present, on behalf of the applicant, when the fireworks are fired.

(4) The Secretary of State shall not issue a licence under regulation 4(1) unless he is satisfied that to do so would not put at risk the health and safety of any person.

Commencement Information

I5Reg. 6 in operation at 6.5.2002, see reg. 1

Production of licenceN.I.

7.—(1) The purchaser of fireworks acting under a licence issued under regulation 4(1) shall produce his licence to the seller at the time of purchase and the seller, where such licence is not so produced, shall be prohibited from selling such fireworks.

(2) The seller of fireworks subject to licence [F12under regulation 4(1),] shall keep a permanent record of all sales of such fireworks. He shall record the name and address of every person to whom he sells such fireworks together with the date of each such sale and particulars of the quantity and type of the fireworks sold and the licence number.

(3) The record shall be retained for at least two years.

(4) The record shall on demand be immediately produced for inspection by a F13... Constable or representative of an enforcing authority on production of his warrant.

Textual Amendments

Commencement Information

I6Reg. 7 in operation at 6.5.2002, see reg. 1

Labelling requirementsN.I.

F148.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Fireworks exempt from prohibitionN.I.

9.—[F15(1)] Regulation 4(1) shall not apply to—

(a)the fireworks in Schedule 1 F16...; and

[F17(b)any person licensed under regulation 11, or registered under regulation 13, of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 to keep classified fireworks for the purpose of wholesale or retail trade;]

F18(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(2) In paragraph 1 “classified” means classified in accordance with regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2010.]

Textual Amendments

Commencement Information

I7Reg. 9 in operation at 6.5.2002, see reg. 1

Licence feeN.I.

10.  The fee payable to the Secretary of State for the processing of a licence under regulation 4(1) shall be such sum as is specified in Schedule 3.

Commencement Information

I8Reg. 10 in operation at 6.5.2002, see reg. 1

Part IIIN.I.

Display of notice and certificateN.I.

11.—(1) (a) A notice displaying the following statement—

[F20“It is illegal to sell [F21category F1 fireworks] to anyone under the age of 16 and [F22category F2 fireworks and category F3 fireworks] to anyone under the age of 18”]

shall be exhibited at every premises at which fireworks are sold by retail and shall be so exhibited in a prominent position where it can be easily read by persons at the point of sale, and comprise characters in bold black colour against a white background;

(b) the dimensions of the notice to be exhibited in accordance with paragraph (a) shall be not less than 297 millimetres by 420 millimetres and the size of the statement to be displayed on the notice shall be such that no character is less than 36 millimetres high.

(2) The original certificate of registration [F23under regulation 13 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006] shall be displayed prominently at the point of sale.

Textual Amendments

Commencement Information

I9Reg. 11 in operation at 6.5.2002, see reg. 1

Transactions in fireworksN.I.

12.  The provisions of section 1(1) and (2) of the Explosives Act (Northern Ireland) 1970 shall not apply to [F24carrying out, or undertaking to carry out, transactions in fireworks which are in accordance with the 2015 Regulations].

Textual Amendments

Commencement Information

I10Reg. 12 in operation at 6.5.2002, see reg. 1

OffencesN.I.

13.  A person who contravenes regulations 4, 7 F25... or 11 or any condition of a licence issued by the Secretary of State under regulation 4(1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

Commencement Information

I11Reg. 13 in operation at 6.5.2002, see reg. 1

RepealN.I.

14.  The Explosives (Fireworks) Regulations (Northern Ireland) 1999(3) are hereby repealed.

Commencement Information

I12Reg. 14 in operation at 6.5.2002, see reg. 1

John Reid

One of her Majesty’s Principal Secretaries of State

Northern Ireland Office

11th April 2002

Regulation 9

SCHEDULE 1N.I.Fireworks exempt from the provisions of regulation 4(1)

Commencement Information

I13Sch. 1 in operation at 6.5.2002, see reg. 1

1.

[F26Category [F27F]1 fireworks.

2.

Sparklers in category [F27F]2.]

Textual Amendments

Regulation 12

F28SCHEDULE 2N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 10

SCHEDULE 3N.I.Scale of licence fees

Commencement Information

I14Sch. 3 in operation at 6.5.2002, see reg. 1

The sum payable for the processing of a fireworks licence shall not be refundable in the event of the licence not being issued on the grounds of health and safety or if the applicant withdraws his application within 10 days of the date of the proposed fireworks display.
Fees for Firework Licences—
Where the attendance of any persons at a fireworks display will not exceed 100;£30
[F29Where the attendance of any persons at a fireworks display will exceed 100 but will not exceed 1000;]£80
Where the attendance of any persons at a fireworks display will exceed 1000;£160

Textual Amendments

Explanatory Note

(This note is not part of the Regulations.)

These Regulations repeal previous Regulations which are largely re-enacted and make provisions to prohibit the possession, purchase, sale, acquisition, handling or use of certain categories of fireworks except under licence, issued by the Secretary of State to whom application shall be made in writing. A licence fee will be payable (regulations 4, 5, 6, 7 and 10). Fireworks exempt from the general prohibition are described (regulation 9 and Schedule 1).

The regulations now prohibit the possession, purchase, sale, acquisition, handling or use of all but one class of firework except under licence from the Secretary of State.

The Regulations prohibit the possession, purchase, sale, acquisition, handling or use of fireworks of erratic flight, mini-rockets, bangers or certain air bombs but provide an exception for any person for use, in the course of a trade or business of his, for special effects purposes in the theatre, on film or on television (regulation 4 and 5).

The Regulations also require specified fireworks and assemblies to be marked with the words “This device must not be sold to, or used by, a member of the general public”. Packets of sparklers must be marked with the words “Warning: not to be given to children under 5 years of age” (regulation 8).

The Regulations provide a sliding scale of fees for the issue of fireworks licences (regulation 10 and Schedule 3).

Copies of British Standard 7114, and the British Standards referred to in it, are available from any of the sales outlets operated by the British Standards Institution (BSI), by post from BSI at 389 Chiswick High Road, London W4 4AL or from any of the bookshops operated by the Stationery Office Limited.

(2)

38 and 39 Vict. c. 17

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