Scottish Statutory Instruments
2023 No. 99 (C. 10)
Fireworks
The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 2) Regulations 2023
Made
23rd March 2023
Laid before the Scottish Parliament
27th March 2023
Coming into force
6th 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. 2) Regulations 2023 and come into force on 6 June 2023.
Appointed Day
2.—(1) 6 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.
ELENA WHITHAM
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd March 2023
Regulation 2
SCHEDULE
| Column 1 (provisions of the Act) | Column 2 (subject matter) | Column 3 (purpose) |
|---|---|---|
| Section 34 | Application of Part 5 | |
| Section 35 | Prohibition of pyrotechnic articles in public places | |
| Section 36 | Prohibition of pyrotechnic articles at designated venues or events | |
| Section 37 | Designation of venues or events | |
| Section 38(1) | Exemptions from offences in Act | For the purpose of paragraphs 6, 13, 19, 23, 24 and 29 of schedule 1. |
| Schedule 1, paragraphs 6, 13, 19, 23, 24 and 29. | Exemptions from offences in sections 35 and 36 |
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provision for the commencement, on 6 June 2023, of the following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”): sections 34, 35, 36, 37, and 38(1) (partially, insofar as that subsection relates to certain provisions of schedule 1), and paragraphs 6, 13, 19, 23, 24 and 29 of schedule 1.
The Act makes provision in relation to regulating the use, supply and possession of fireworks and other pyrotechnic articles. The provisions commenced by these Regulations create offences of possession of pyrotechnic articles in certain places. Section 35 relates to all pyrotechnic articles (excluding category F1 fireworks) and applies in all public places. Section 36 relates to all pyrotechnic articles (including all fireworks), and applies at designated events or venues. Section 37 allows the Scottish Ministers, by regulations, to designate events or venues for the purpose of the section 36 offence.
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 38(1) (partially) | 10 October 2022 | S.S.I. 2022/280 |
| 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 9 | 10 October 2022 | S.S.I. 2022/280 |
| 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 30 | 10 October 2022 | S.S.I. 2022/280 |