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4.—(1) Subject to regulation 9, the possession, purchase, sale, acquisition, handling or use of fireworks by a person other than a F1... 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.
F2(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Words in reg. 4(1) omitted (17.8.2015) by virtue of The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 11 para. 3
F2Reg. 4(2) omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(2) (with regs. 3, 49(12)(13))
Commencement Information
I1Reg. 4 in operation at 6.5.2002, see reg. 1
F35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Reg. 5 omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(3) (with regs. 3, 49(12)(13))
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
I2Reg. 6 in operation at 6.5.2002, see reg. 1
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 [F4under 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 F5... Constable or representative of an enforcing authority on production of his warrant.
Textual Amendments
F4Words in reg. 7(2) inserted (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 11 para. 4(a)
F5Words in reg. 7(4) omitted (17.8.2015) by virtue of The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 11 para. 4(b)
Commencement Information
I3Reg. 7 in operation at 6.5.2002, see reg. 1
F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Reg. 8 omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(4) (with regs. 3, 49(12)(13))
9.—[F7(1)] Regulation 4(1) shall not apply to—
(a)the fireworks in Schedule 1 F8...; and
[F9(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;]
F10(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F11(2) In paragraph 1 “classified” means classified in accordance with regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2010.]
Textual Amendments
F7Reg. 9 renumbered as reg. 9(1) (4.7.2010) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 3(4)(a) (with regs. 3, 49(12)(13))
F8Words in reg. 9(a) omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(5)(a) (with regs. 3, 49(12)(13))
F9Reg. 9(b) substituted (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 33(6)
F10Reg. 9(c) omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(5)(b) (with regs. 3, 49(12)(13))
F11Reg. 9(2) substituted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), reg. 1, Sch. 1
Commencement Information
I4Reg. 9 in operation at 6.5.2002, see reg. 1
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
I5Reg. 10 in operation at 6.5.2002, see reg. 1
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