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The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023
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Scottish Statutory Instruments
2023 No. 176 (C. 17)
Fireworks
The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023
Made
6th June 2023
Laid before the Scottish Parliament
8th June 2023
Coming into force
22nd June 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 56(2) and (3) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022(1).
Citation and commencement
1. These Regulations may be cited as the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023 and come into force on 22 June 2023.
Appointed Day
2.—(1) 22 June 2023 is the day appointed for the coming into force of the provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 specified in column 1 of the table in the schedule (the subject matter of which is described in the corresponding entry in column 2 of the table).
(2) Where a purpose is specified in column 3 of the table in the schedule, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.
SIOBHIAN BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
6th June 2023
Regulation 2
SCHEDULE
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Section 26 | Application of Part 4 | |
| Section 27 | Firework control zones | |
| Section 28 | Prior consultation on proposals | |
| Section 29 | Publication of decision on proposal | |
| Section 30 | Publicising firework control zones | |
| Section 31 | Review of operation and effectiveness | |
| Section 32 | Power to make further provision | |
| Section 33 | Guidance | |
| Section 38(1) | Exemptions from offences in Act | For the purpose of paragraphs 5, 12, 18 and 22 of schedule 1. |
| Schedule 1, paragraphs 5, 12 18 and 22 | Exemptions from offences in section 27 |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for the commencement, on 22 June 2023, of the following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”): sections 26, 27, 28, 29, 30, 31, 32, 33 and 38(1) (partially, insofar as that subsection relates to certain provisions of schedule 1), and paragraphs 5, 12, 18 and 22 of schedule 1.
The Act makes provision in relation to regulating the use, supply and possession of fireworks and other pyrotechnic articles. The sections commenced by these Regulations confer powers on local authorities to designate a place within their area as a firework control zone, and make provision as to how those powers are to be exercised. Section 27(2) provides that the use of fireworks within a firework control zone, or the firing of a firework into such a zone, is an offence. Paragraphs 5, 12, 18 and 22 of schedule 1 set out exemptions permitting the use of fireworks in a firework control zone in particular circumstances.
The Bill for the Act received Royal Assent on 10 August 2022. By virtue of section 56 of the Act, sections 50, 51, 52, 53, 56 and 57 came into force on the day following Royal Assent.
NOTE AS TO EARLIER COMMENCEMENT REGULATIONS
(This note is not part of the Regulations)
The following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 have been brought into force by commencement regulations made before the date of these Regulations.
| Provision | Date of Commencement | Instrument No. |
|---|---|---|
| Section 1 | 10 October 2022 | S.S.I. 2022/280 |
| Section 2 | 10 October 2022 | S.S.I. 2022/280 |
| Section 20(1)(a), (2)(a) and (3) | 10 October 2022 | S.S.I. 2022/280 |
| Section 21 | 10 October 2022 | S.S.I. 2022/280 |
| Section 34 | 6 June 2023 | S.S.I. 2023/99 |
| Section 35 | 6 June 2023 | S.S.I. 2023/99 |
| Section 36 | 6 June 2023 | S.S.I. 2023/99 |
| Section 37 | 6 June 2023 | S.S.I. 2023/99 |
| Section 38(1) (partially) | 10 October 2022 | S.S.I. 2022/280 |
| Section 38(1) (partially) | 6 June 2023 | S.S.I. 2023/99 |
| Section 38(2) and (3) | 10 October 2022 | S.S.I. 2022/280 |
| Section 40 | 10 October 2022 | S.S.I. 2022/280 |
| Section 41 | 10 October 2022 | S.S.I. 2022/280 |
| Section 44 | 10 October 2022 | S.S.I. 2022/280 |
| Section 45 | 10 October 2022 | S.S.I. 2022/280 |
| Section 46 | 10 October 2022 | S.S.I. 2022/280 |
| Section 47 | 10 October 2022 | S.S.I. 2022/280 |
| Section 48(1)(b), (6), (7), (8) | 10 October 2022 | S.S.I. 2022/280 |
| Section 49 | 10 October 2022 | S.S.I. 2022/280 |
| Section 54 | 10 October 2022 | S.S.I. 2022/280 |
| Section 55 | 10 October 2022 | S.S.I. 2022/280 |
| Schedule 1, paragraph 6 | 6 June 2023 | S.S.I. 2023/99 |
| Schedule 1, paragraph 9 | 10 October 2022 | S.S.I. 2022/280 |
| Schedule 1, paragraph 13 | 6 June 2023 | S.S.I. 2023/99 |
| Schedule 1, paragraph 19 | 6 June 2023 | S.S.I. 2023/99 |
| Schedule 1, paragraph 23 | 6 June 2023 | S.S.I. 2023/99 |
| Schedule 1, paragraph 24 | 6 June 2023 | S.S.I. 2023/99 |
| Schedule 1, paragraph 25 | 10 October 2022 | S.S.I. 2022/280 |
| Schedule 1, paragraph 28 | 10 October 2022 | S.S.I. 2022/280 |
| Schedule 1, paragraph 29 | 6 June 2023 | S.S.I. 2023/99 |
| Schedule 1, paragraph 30 | 10 October 2022 | S.S.I. 2022/280 |
(1)
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