The Fireworks (Scotland) Amendment Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Fireworks (Scotland) Regulations 2004 (“the 2004 Regulations”).

Regulation 2(2) inserts a definition of “public fireworks display” into the 2004 Regulations meaning a fireworks display at which the public, or any section of the public, are present, whether or not they have paid to be. Regulation 2(3) amends regulation 3 of the 2004 Regulations to the effect that it is prohibited to use fireworks outside of permitted hours. The permitted hours for this regulation are between 1800 and 2300. The exceptions to extend the times of day that fireworks can be used on a “permitted fireworks night” set out in regulation 3(3) of the 2004 Regulations remain unchanged.

Regulation 2(3) inserts new regulations 3A and 3B into the 2004 Regulations. Regulation 3A prohibits the supply of adult fireworks outside permitted hours, the permitted hours for this regulation are between 0700 and 1800. This is subject to the exceptions set out in regulation 3A(3).

New regulation 3B(1) prohibits the supply of more than the permitted quantity of fireworks at any one time. Regulation 3B(2) sets out that the “permitted quantity” means fireworks with a total net mass of explosive substance of 5 kilograms. This is subject to the exceptions set out in regulation 3B(3).

Regulation 2(5) amends regulation 5 of the 2004 Regulations to the effect that the enforcement duty which applies to a contravention of regulation 3 remains the duty of the chief constable of each police force in Scotland. The enforcement duty in relation to regulations 3A and 3B is placed on the local weights and measures authority by virtue of section 12 of the Fireworks Act 2003 and section 27(1) of the Consumer Protection Act 1987.

A Business and Regulatory Impact Assessment covering these regulations is available on the Scottish Government website: www.gov.scot. Copies have been placed in the Scottish Parliament Information Centre.