The Fireworks (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations make certain provisions in relation to fireworks, in order to minimise the risk that fireworks will be used with harmful consequences for people, animals or property.

Regulation 3 prohibits persons from using adult fireworks during night hours (namely between 23.00 and 07.00) but exceptions allow such use until 01.00 on the nights of Chinese New Year, Diwali and New Year’s Eve, and until 24.00 on 5th November. There is an exception in the case of local authority employees for the purpose of local authority fireworks displays, national public celebrations or national commemorative events.

Regulation 4 provides, subject to certain conditions, for a local authority to grant dispensations from the prohibition. The regulation also specifies the procedure for applications for dispensations.

By virtue of section 11 of the Fireworks Act 2003, a contravention of regulation 3 is a criminal offence. Section 12 of the Fireworks Act 2003 and section 27(1) of the Consumer Protection Act 1987 provide that it is the duty of local weights and measures authorities to enforce regulations under the Fireworks Act. Regulation 5 provides that this duty in Scotland is transferred, in relation to these Regulations, to the chief constable of each police force.

Regulation 6 provides for the time limit for summary proceedings arising from a contravention of a prohibition imposed by these Regulations.

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

A Regulatory Impact Assessment covering both these regulations and The Fireworks Regulations 2004 is available from Enterprise and Industry Division, Scottish Executive Enterprise, Transport and Lifelong Learning Department, Meridian Court, 5 Cadogan Street, Glasgow G2 6AT. Tel [phone]. Copies have been placed in the Scottish Parliament Information Centre.