Statutory Instruments
Consumer Protection
Health And Safety
Made
19th July 2015
Laid before Parliament
21st July 2015
Coming into force
17th August 2015
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to pyrotechnic articles, market surveillance and marking which indicates that a product is in conformity with requirements of EU legislation.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972:
Marginal Citations
M1S.I. 2009/2743, S.I. 2009/3214.
M21972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.
M3Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.
1. These Regulations may be cited as the Pyrotechnic Articles (Safety) Regulations 2015 and come into force on 17th August 2015 (“the commencement date”).
2.—(1) In these Regulations—
the “1974 Act” means the Health and Safety at Work etc Act 1974 M4;
the “1987 Act” means the Consumer Protection Act 1987 M5, as it has effect on the commencement date;
the “2010 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2010 M6;
F1...
F2...
“aerial wheel” means tubes containing propellant charges and sparks, flame or noise-producing pyrotechnic composition (or all three), the tubes being fixed to a supporting structure, the principal effect of which is rotation and ascent, with emission of sparks and flames, producing a visual or aural effect (or both) in the air;
[F3“approved body” has the meaning given to it in regulation 43;]
“banger” means a firework (other than a firework within regulation 33(1)(g)(i) (prohibitions on making available certain category F2 and F3 fireworks))—
which comprises a non-metallic tube which contains pyrotechnic composition and has a fuse; and
whose functioning principally involves report;
“battery” means an assembly which includes two or more fireworks of the same type;
“category F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article);
“category F2 firework” has the meaning set out in paragraph 2 of Schedule 1;
“category F3 firework” has the meaning set out in paragraph 3 of Schedule 1;
“category F4 firework” has the meaning set out in paragraph 4 of Schedule 1;
“category P1 other pyrotechnic article” has the meaning set out in paragraph 7 of Schedule 1;
“category P2 other pyrotechnic article” has the meaning set out in paragraph 8 of Schedule 1;
“category T1 theatrical pyrotechnic article” has the meaning set out in paragraph 5 of Schedule 1;
“category T2 theatrical pyrotechnic article” has the meaning set out in paragraph 6 of Schedule 1;
F4...
“Christmas cracker” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube;
“combination” means an assembly, other than a battery, which includes 2 or more fireworks;
F5...
“conformity assessment” means the process demonstrating whether the essential safety requirements relating to a pyrotechnic article have been fulfilled;
“conformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;
[F6“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (declaration of conformity and UK marking);
the “Directive” means Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market of pyrotechnic articles (recast) M7 [F7 (as it has effect immediately before IP completion day)];
“designated standard” has the meaning given to it in regulation 2A;]
“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;
“double banger” means a firework (other than a firework falling with in regulation 33(1)(g)(i))—
which comprises a non-metallic tube containing two portions of pyrotechnic composition connected by a delay fuse; and
whose functioning principally involves report and a flash of light;
“economic operator” means a manufacturer, importer or distributor;
“enforcing authority” means any person enforcing these Regulations under regulation 53 (enforcement), and, for these purposes, the Secretary of State is to be considered the person enforcing these Regulations where a person acts on the Secretary of State's behalf under regulation 53(5);
“essential safety requirements” means the requirements set out in Schedule 2 (essential safety requirements);
F8...
“European Commission” means the Commission of the European Union;
“firework” means a pyrotechnic article intended for entertainment purposes;
“flash banger” means a firework (other than a firework falling within regulation 33(1)(g)(i))—
which comprises a non-metallic tube containing metal-based pyrotechnic composition; and
whose functioning principally involves report and a flash of light;
F9...
[F10“importer” means a person who—
is established in the United Kingdom and places a pyrotechnic article from a country outside of the United Kingdom on the market; or
is established in Northern Ireland and places a pyrotechnic article on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;]
“jumping cracker” means a paper tube containing black powder, folded back on itself several times and bound together, the principal effect of which is reports in succession with jumping motions;
“jumping ground spinner” means a non-metallic tube containing gas and sparks producing pyrotechnic composition, with or without whistling pyrotechnic composition, the principal effect of which is rotation on the ground frequently interrupted by a jumping motion and emission of sparks and flame, with or without an aural effect (other than report);
“make available on the market” means any supply for distribution, consumption or use on the [F11market of Great Britain] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;
“manufacturer” means a person who—
manufactures a pyrotechnic article, or has such an article designed or manufactured; and
markets that pyrotechnic article under that person's name or trade mark;
“market surveillance authority” has the meaning set out in regulation 52 (designation of market surveillance authority);
“mini-rocket” means a firework which is designed so that, on functioning, it propels itself into the air and which comprises a body or motor which contains pyrotechnic composition and—
the outside diameter of which, at the point where the diameter is greatest, is less than 12 millimetres; or
if equipped with a stick for the purpose of stabilising its flight—
where the firework is intended to be made available on the market singly, whose overall length (including the length of any such stick) is less than 900 millimetres or (not including the length of any such stick) is less than 195 millimetres; or
where the firework is intended to be supplied in a primary pack, whose overall length (including the length of any such stick) is less than 400 millimetres or (not including any such stick) is less than 125 millimetres; or
where the firework is intended to be supplied in a selection pack, whose overall length (including the length of any such stick) is less than 300 millimetres; or
if not equipped with a stick for the purposes of stabilising its flight—
whose overall length is less than 300 millimetres; and
is intended to be supplied singly or in a primary pack;
F12...
F13...
“person with specialist knowledge” has the meaning set out in Schedule 4 (persons with specialist knowledge);
“place on the market” means the first making available on the [F14market of Great Britain] , and related expressions must be construed accordingly;
“primary pack” means a package of fireworks of the same type, all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks, which is intended to be offered for retail sale as a single unit;
“pyrotechnic article” has the meaning set out in regulation 3 (definition of “pyrotechnic article”);
“pyrotechnic article for a vehicle” means a pyrotechnic article which is a component of a safety device in a vehicle and which is used to activate that device or another device;
“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 M8;
“recall” means taking any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user and related expressions must be construed accordingly;
F15...
“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures);
“relevant economic operator” means, in relation to a pyrotechnic article, an economic operator with obligations in respect of that pyrotechnic article under Part 2;
“selection pack” means a package of fireworks of more than one type intended to be offered for retail sale as a single unit;
“shot tube” means a tube containing propellant charge and a pyrotechnic unit, with or without a transmitting fuse, the principal effect of which is the ejection of the pyrotechnic unit producing a visual effect in the air, an aural effect in the air or both;
“snap” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand;
“spinner” means a tube containing pyrotechnic composition, with or without aerofoils attached, the principal effect of which is rotation and ascent with the emission of sparks, flames or both, with or without aural effect (other than report);
“technical documentation” has the meaning set out in regulation 8(b) (technical documentation and conformity assessment);
“technical specification” means a document that prescribes technical requirements to be fulfilled by a pyrotechnic article;
“theatrical pyrotechnic article” means a pyrotechnic article designed for indoor or outdoor stage use, including use in film and television productions or similar use;
[F16“UK marking” means the marking in the form set out in Annex 2 of RAMS;
“UK registration number” means the number assigned to a pyrotechnic article by an approved body under paragraph 5(a) of Schedule 6 (operational obligations of approved bodies);
“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;]
“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 M9;
“wheel” means an assembly—
which includes a tube or tubes containing pyrotechnic composition;
which is designed to be attached to a support and to rotate about a fixed point or axis and which is provided with a means of attaching it securely to such a support so that it can rotate; and
whose functioning involves rotation around a fixed point and the emission of sparks and flames, with or without aural effect.
“withdraw”, when used in relation to a pyrotechnic article, means taking any measure aimed at preventing a pyrotechnic article in the supply chain from being made available on the market and related expressions must be construed accordingly.
[F17(1A) Schedules 2A and 3A reproduce the provisions of Annexes II and III (respectively) to the Directive with amendments to correct deficiencies in retained EU law.
(1B) A reference to a provision of Schedule 2A and 3A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule.]
(2) In these Regulations, a reference to a pyrotechnic article being “in conformity with Part 2” means that—
(a)the pyrotechnic article is in conformity with the essential safety requirements; and
(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the pyrotechnic article available on the market.
F18(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In regulation 21(1) (monitoring), and paragraphs 2(5), 3(1) and 3(3) of Schedule 2 (essential safety requirements), “risk” means a risk which could arise from lawful and readily predictable human behaviour.
(5) In the other provisions of these Regulations, “risk” means a risk—
(a)which could arise from lawful and readily predictable human behaviour; and
(b)which may result in harm to any of the following interests—
(i)human health;
(ii)public security;
(iii)the safety of consumers;
(iv)the environment.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(d) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(e) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(f) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(g) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(h) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in reg. 2(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(j) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(2)); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in reg. 2(1) substituted (E.W.S) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(k) (as amended by S.I. 2020/676, regs. 1(1), 2, 4(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(l) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(m) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F14Words in reg. 2(1) substituted (E.W.S) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(n) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2, 4(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(o) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F16Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(p) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F17Reg. 2(1A)(1B) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F18Reg. 2(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(p) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M6S.I. 2010/1554; amended by S.I. 2011/1885, 2012/1848, 2012/2963, 2013/602, 2013/1948 and 2013/1950.
M7OJ L 178, 28.6.2013, p. 27.
M8OJ L 218, 13.8.2008, p. 30.
2.—(1) In these Regulations—
the “1974 Act” means the Health and Safety at Work etc Act 1974 F146;
the “1987 Act” means the Consumer Protection Act 1987 F147, as it has effect on the commencement date;
the “2010 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2010 F148;
“accreditation” has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);
“accreditation certificate” means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body in another [F149relevant state], attesting that a conformity assessment body meets the notified body requirements;
“aerial wheel” means tubes containing propellant charges and sparks, flame or noise-producing pyrotechnic composition (or all three), the tubes being fixed to a supporting structure, the principal effect of which is rotation and ascent, with emission of sparks and flames, producing a visual or aural effect (or both) in the air;
“banger” means a firework (other than a firework within regulation 33(1)(g)(i) (prohibitions on making available certain category F2 and F3 fireworks))—
which comprises a non-metallic tube which contains pyrotechnic composition and has a fuse; and
whose functioning principally involves report;
“battery” means an assembly which includes two or more fireworks of the same type;
“category F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article);
“category F2 firework” has the meaning set out in paragraph 2 of Schedule 1;
“category F3 firework” has the meaning set out in paragraph 3 of Schedule 1;
“category F4 firework” has the meaning set out in paragraph 4 of Schedule 1;
“category P1 other pyrotechnic article” has the meaning set out in paragraph 7 of Schedule 1;
“category P2 other pyrotechnic article” has the meaning set out in paragraph 8 of Schedule 1;
“category T1 theatrical pyrotechnic article” has the meaning set out in paragraph 5 of Schedule 1;
“category T2 theatrical pyrotechnic article” has the meaning set out in paragraph 6 of Schedule 1;
“CE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);
“Christmas cracker” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube;
“combination” means an assembly, other than a battery, which includes 2 or more fireworks;
“competent national authority” means an authority having responsibility for enforcing the law of a [F150relevant state] which implements the Directive;
“conformity assessment” means the process demonstrating whether the essential safety requirements relating to a pyrotechnic article have been fulfilled;
“conformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection; the “Directive” means Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market of pyrotechnic articles (recast) F151;
“distributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;
“double banger” means a firework (other than a firework falling with in regulation 33(1)(g)(i))—
which comprises a non-metallic tube containing two portions of pyrotechnic composition connected by a delay fuse; and
whose functioning principally involves report and a flash of light;
“economic operator” means a manufacturer, importer or distributor;
“enforcing authority” means any person enforcing these Regulations under regulation 53 (enforcement), and, for these purposes, the Secretary of State is to be considered the person enforcing these Regulations where a person acts on the Secretary of State's behalf under regulation 53(5);
“essential safety requirements” means the requirements set out in Schedule 2 (essential safety requirements);
“EU declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (EU declaration of conformity and CE marking);
“European Commission” means the Commission of the European Union;
“firework” means a pyrotechnic article intended for entertainment purposes;
“flash banger” means a firework (other than a firework falling within regulation 33(1)(g)(i))—
which comprises a non-metallic tube containing metal-based pyrotechnic composition; and
whose functioning principally involves report and a flash of light;
“harmonised standard” has the meaning set out in point 1(c) of Article 2 of Regulation (EU) 1025/2012 of the European Parliament and of the Council on European standardisation F152 (as amended from time to time);
“importer” means any person who—
“jumping cracker” means a paper tube containing black powder, folded back on itself several times and bound together, the principal effect of which is reports in succession with jumping motions;
“jumping ground spinner” means a non-metallic tube containing gas and sparks producing pyrotechnic composition, with or without whistling pyrotechnic composition, the principal effect of which is rotation on the ground frequently interrupted by a jumping motion and emission of sparks and flame, with or without an aural effect (other than report);
“make available on the market” means any supply for distribution, consumption or use on the [F155relevant] market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;
“manufacturer” means a person who—
manufactures a pyrotechnic article, or has such an article designed or manufactured; and
markets that pyrotechnic article under that person's name or trade mark;
“market surveillance authority” has the meaning set out in regulation 52 (designation of market surveillance authority);
“mini-rocket” means a firework which is designed so that, on functioning, it propels itself into the air and which comprises a body or motor which contains pyrotechnic composition and—
the outside diameter of which, at the point where the diameter is greatest, is less than 12 millimetres; or
if equipped with a stick for the purpose of stabilising its flight—
where the firework is intended to be made available on the market singly, whose overall length (including the length of any such stick) is less than 900 millimetres or (not including the length of any such stick) is less than 195 millimetres; or
where the firework is intended to be supplied in a primary pack, whose overall length (including the length of any such stick) is less than 400 millimetres or (not including any such stick) is less than 125 millimetres; or
where the firework is intended to be supplied in a selection pack, whose overall length (including the length of any such stick) is less than 300 millimetres; or
if not equipped with a stick for the purposes of stabilising its flight—
whose overall length is less than 300 millimetres; and
is intended to be supplied singly or in a primary pack;
“national accreditation body” has the meaning set out in point 11 of Article 2 of RAMS (as amended from time to time);
“notified body requirements” means the requirements set out in Schedule 5 (notified body requirements);
“person with specialist knowledge” has the meaning set out in Schedule 4 (persons with specialist knowledge);
“place on the market” means the first making available on the [F156relevant] market, and related expressions must be construed accordingly;
“primary pack” means a package of fireworks of the same type, all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks, which is intended to be offered for retail sale as a single unit;
“pyrotechnic article” has the meaning set out in regulation 3 (definition of “pyrotechnic article”);
“pyrotechnic article for a vehicle” means a pyrotechnic article which is a component of a safety device in a vehicle and which is used to activate that device or another device;
“RAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 F157;
“recall” means taking any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user and related expressions must be construed accordingly;
“registration number” means the number assigned to a pyrotechnic article by a notified body under paragraph 5(a) of Schedule 6 (operational obligations of notified bodies) or the laws of any other [F158relevant state] which implement the Article 33(3) of the Directive (as amended from time to time) or Commission Implementing Directive 2014/58/EU setting up a system for the traceability of pyrotechnic articles F159 (as amended from time to time);
“relevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures);
“relevant economic operator” means, in relation to a pyrotechnic article, an economic operator with obligations in respect of that pyrotechnic article under Part 2;
[F160“relevant market” means—
the market in Northern Ireland; and
the market of the EEA states;
“relevant state” means—
Northern Ireland; or
any EEA state;]
“selection pack” means a package of fireworks of more than one type intended to be offered for retail sale as a single unit;
“shot tube” means a tube containing propellant charge and a pyrotechnic unit, with or without a transmitting fuse, the principal effect of which is the ejection of the pyrotechnic unit producing a visual effect in the air, an aural effect in the air or both;
“snap” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand;
“spinner” means a tube containing pyrotechnic composition, with or without aerofoils attached, the principal effect of which is rotation and ascent with the emission of sparks, flames or both, with or without aural effect (other than report);
“technical documentation” has the meaning set out in regulation 8(b) (technical documentation and conformity assessment);
“technical specification” means a document that prescribes technical requirements to be fulfilled by a pyrotechnic article;
“theatrical pyrotechnic article” means a pyrotechnic article designed for indoor or outdoor stage use, including use in film and television productions or similar use;
[F161“UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;]
“weights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 F162;
“wheel” means an assembly—
which includes a tube or tubes containing pyrotechnic composition;
which is designed to be attached to a support and to rotate about a fixed point or axis and which is provided with a means of attaching it securely to such a support so that it can rotate; and
whose functioning involves rotation around a fixed point and the emission of sparks and flames, with or without aural effect.
“withdraw”, when used in relation to a pyrotechnic article, means taking any measure aimed at preventing a pyrotechnic article in the supply chain from being made available on the market and related expressions must be construed accordingly.
(2) In these Regulations, a reference to a pyrotechnic article being “in conformity with Part 2” means that—
(a)the pyrotechnic article is in conformity with the essential safety requirements; and
(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the pyrotechnic article available on the market.
(3) In these Regulations (except in Part 4 (notification of conformity assessment bodies) and Schedules 5 (notified body requirements) and 6 (operational obligations of notified bodies)), “notified body” means—
(a)a notified body within the meaning set out in regulation 43 (notified bodies); or
(b)a notified body under the laws of any other [F163relevant state] which implement the Directive.
(4) In regulation 21(1) (monitoring), and paragraphs 2(5), 3(1) and 3(3) of Schedule 2 (essential safety requirements), “risk” means a risk which could arise from lawful and readily predictable human behaviour.
(5) In the other provisions of these Regulations, “risk” means a risk—
(a)which could arise from lawful and readily predictable human behaviour; and
(b)which may result in harm to any of the following interests—
(i)human health;
(ii)public security;
(iii)the safety of consumers;
(iv)the environment.
Extent Information
E55This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F148S.I. 2010/1554; amended by S.I. 2011/1885, 2012/1848, 2012/2963, 2013/602, 2013/1948 and 2013/1950.
F149Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(a)(i)
F150Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(a)(ii)
F151OJ L 178, 28.6.2013, p. 27.
F152OJ L 316, 14.11.2012, p. 12.
F153Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(b)(i)
F154Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(b)(ii)
F155Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(c)(i)
F156Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(c)(ii)
F157OJ L 218, 13.8.2008, p. 30.
F158Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(a)(iii)
F159OJ L 155, 17.4.2014, p. 28.
F160Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(d)
F161Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(2)
F1621985 c.72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 144 and the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 75.
F163Words in reg. 2(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(2)
2A.—(1) Subject to paragraphs (6) and (7), in these Regulations a “designated standard” means a technical specification which is—
(a)adopted by a recognised standardisation body [F20or an international standardising body], for repeated or continuous application, with which compliance is not compulsory; and
(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.
(2) For the purposes of paragraph (1), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following—
(a)the characteristics required of a product, including—
(i)levels of quality, performance, interoperability, environmental protection, health, safety or dimensions; and
(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and
(b)production methods and processes relating to the product, where these have an effect on the characteristics of the product.
(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—
(a)the European Committee for Standardisation (CEN);
(b)the European Committee for Electrotechnical Standardisation (Cenelec);
(c)the European Telecommunications Standards Institute (ETSI);
(d)the British Standards Institution (BSI).
[F21(3A) In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).]
(4) When considering whether the publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any persons who may have an interest in the standard.
(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F22such] technical specifications adopted by the other recognised standardisation bodies [F23or by international standardising bodies as the Secretary of State considers to be relevant.]
(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).
(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.
(8) In this regulation, a reference to a “product” is a reference to a pyrotechnic article to which these Regulations apply.
(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.
(10) Regulations made under paragraph (9) are to be made by statutory instrument.
(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F19Reg. 2A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 3 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F20Words in reg. 2A(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(a); S.I. 2020/1662, reg. 2(ee)
F21Reg. 2A(3A) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(b); S.I. 2020/1662, reg. 2(ee)
F22Word in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(c)(i); S.I. 2020/1662, reg. 2(ee)
F23Words in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(c)(ii); S.I. 2020/1662, reg. 2(ee)
3.—(1) In these Regulations, a “pyrotechnic article” is an article which—
(a)contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions; and
(b)is not excluded by paragraph (2).
(2) The following articles are excluded from the definition in paragraph (1)—
(a)articles which have been placed on the market before the commencement date;
(b)articles intended for non-commercial use by—
(i)the armed forces;
(ii)a police force in England and Wales;
(iii)the Police Service of Scotland;
(iv)the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve or the Northern Ireland Policing Board;
(v)the British Transport Police;
(vi)the Ministry of Defence Police Force;
(vii)the Civil Nuclear Constabulary;
(viii)a police force for a harbour, port, airport, park, garden or forest in the United Kingdom or with a specialised function in the United Kingdom;
(ix)the National Crime Agency;
(x)a fire and rescue service authority within the meaning of section 1 or a combined authority within the meaning of section 2 or 4 of the Fire and Rescue Services Act 2004 M10;
(xi)the Scottish Fire and Rescue Service; or
(xii)the Northern Ireland Fire and Rescue Board;
(c)articles falling within the scope of Council Directive 96/98/EC on marine equipment M11;
(d)articles intended for use in the aerospace industry;
(e)percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys M12;
(f)explosives falling within the scope of Council Directive 93/15/EEC on the harmonization of the use of the provisions relating to the placing on the market of explosives for civil uses M13;
(g)projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery; and
(h)fireworks which—
(i)are built by a manufacturer established in the United Kingdom;
(ii)are built for the manufacturer's own use; and
(iii)comply with the law applicable to such fireworks (excluding these Regulations).
Extent Information
E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Marginal Citations
M11OJ L 46, 17.02.1997, p. 25.
M12OJ L 170, 30.6.2009, p. 1.
M13OJ L 121, 15.5.1993, p. 20.
3.—(1) In these Regulations, a “pyrotechnic article” is an article which—
(a)contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions; and
(b)is not excluded by paragraph (2).
(2) The following articles are excluded from the definition in paragraph (1)—
(a)articles which have been placed on the market before the commencement date;
(b)articles intended for non-commercial use by—
(i)the armed forces;
(ii)a police force in England and Wales;
(iii)the Police Service of Scotland;
(iv)the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve or the Northern Ireland Policing Board;
(v)the British Transport Police;
(vi)the Ministry of Defence Police Force;
(vii)the Civil Nuclear Constabulary;
(viii)a police force for a harbour, port, airport, park, garden or forest in the United Kingdom or with a specialised function in the United Kingdom;
(ix)the National Crime Agency;
(x)a fire and rescue service authority within the meaning of section 1 or a combined authority within the meaning of section 2 or 4 of the Fire and Rescue Services Act 2004 F164;
(xi)the Scottish Fire and Rescue Service; or
(xii)the Northern Ireland Fire and Rescue Board;
(c)articles falling within the scope of Council Directive 96/98/EC on marine equipment F165;
(d)articles intended for use in the aerospace industry;
(e)percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys F166;
(f)explosives falling within the scope of Council Directive 93/15/EEC on the harmonization of the use of the provisions relating to the placing on the market of explosives for civil uses F167;
(g)projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery; and
(h)fireworks which—
(i)are built by a manufacturer established in [F168Northern Ireland];
(ii)are built for the manufacturer's own use; and
(iii)comply with the law applicable to such fireworks (excluding these Regulations).
Extent Information
E56This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F165OJ L 46, 17.02.1997, p. 25.
F166OJ L 170, 30.6.2009, p. 1.
F167OJ L 121, 15.5.1993, p. 20.
F168Words in reg. 3(2)(h)(i) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(3)
4. The provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply to the showing and use of a pyrotechnic article at a trade fair, exhibition or demonstration for the marketing of pyrotechnic articles, provided that a visible sign clearly indicates—
(a)the name and date of the trade fair, exhibition or demonstration;
(b)that the pyrotechnic article is not in conformity with Part 2; and
(c)that the pyrotechnic article is not available for sale until brought into conformity with Part 2.
5. The provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply to a pyrotechnic article manufactured for the purpose of research, testing and development, provided that provided that a visible sign clearly indicates that—
(a)the pyrotechnic article is not in conformity with Part 2; and
(b)the pyrotechnic article is not available for purposes other than research, development and testing.
6. Before placing a pyrotechnic article on the market, a manufacturer must—
(a)categorise it using the categories set out in Schedule 1 (categories of pyrotechnic article), according to its—
(i)type of use; or
(ii)purpose and level of hazard, including its noise level; and
(b)ensure that [F24an approved body] has confirmed that categorisation as part of a relevant conformity assessment procedure.
Extent Information
E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F24Words in reg. 6(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 4 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
6. Before placing a pyrotechnic article on the market, a manufacturer must—
(a)categorise it using the categories set out in Schedule 1 (categories of pyrotechnic article), according to its—
(i)type of use; or
(ii)purpose and level of hazard, including its noise level; and
(b)ensure that a notified body has confirmed that categorisation as part of a relevant conformity assessment procedure.
Extent Information
E57This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
7. Before placing a pyrotechnic article on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential safety requirements.
8. Before placing a pyrotechnic article on the market, a manufacturer must—
(a)have a relevant conformity assessment procedure carried out; and
(b)draw up the technical documentation referred to—
(i)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(a) is being carried out, in point 3(c) of Module B of [F25Schedule 2A];
(ii)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(b) is being carried out, in point 2 of Module G of [F25Schedule 2A];
(iii)for pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(c) is being carried out, in point 3.1(b) of Module H of [F25Schedule 2A].
Extent Information
E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F25Words in reg. 8(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 5 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
8. Before placing a pyrotechnic article on the market, a manufacturer must—
(a)have a relevant conformity assessment procedure carried out; and
(b)draw up the technical documentation referred to—
(i)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(a) is being carried out, in point 3(c) of Module B of Annex II to the Directive (as amended from time to time);
(ii)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(b) is being carried out, in point 2 of Module G of Annex II to the Directive (as amended from time to time);
(iii)for pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(c) is being carried out, in point 3.1(b) of Module H of Annex II to the Directive (as amended from time to time).
Extent Information
E58This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
9.—(1) Where the conformity of a pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the pyrotechnic article on the market—
(a)draw up a declaration of conformity in accordance with regulation 41 (EU declaration of conformity); and
(b)affix the CE marking in accordance with regulation 42 (CE marking).
(2) The manufacturer must keep the EU declaration of conformity up-to-date.
(3) Where a pyrotechnic article is subject to more than one EU instrument requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which—
(a)identifies the EU instruments; and
(b)includes references to the publication of those EU instruments in the Official Journal of the European Union.
Extent Information
E5This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
9.—(1) Where the conformity of a pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the pyrotechnic article on the market—
(a)draw up a declaration of conformity in accordance with regulation 41 F171...; and
(b)affix the [F172UK] marking in accordance with regulation 42 F173....
(2) The manufacturer must keep the F174... declaration of conformity up-to-date.
[F175(3) Where a pyrotechnic article is subject to more than one enactment requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which identifies each enactment by its title.]
Extent Information
E59This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F169Word in reg. 9 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(2)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F170Word in reg. 9 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(2)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F171Words in reg. 9(1)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F172Word in reg. 9(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(4)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F173Words in reg. 9(1)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(4)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F174Word in reg. 9(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(5) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F175Reg. 9(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(6) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
10. A manufacturer must keep the technical documentation and the F27... declaration of conformity drawn up in respect of a pyrotechnic article for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market.
Extent Information
E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F26Word in reg. 10 heading omitted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 7 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F27Word in reg. 10 omitted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 7 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
10. A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of a pyrotechnic article for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market.
Extent Information
E60This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
11.—(1) Before placing a pyrotechnic article on the market, a manufacturer must ensure that it is labelled —
(a)visibly, legibly and indelibly;
(b)clearly and understandably; and
[F28(c)in English.]
(2) The manufacturer must ensure that the labelling of the pyrotechnic article includes, as a minimum, the information specified in Schedule 3 (labelling: required information).
F29(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F29(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Where it is not possible for information specified in paragraph 1(a) and (b) of Schedule 3 to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements referred to in Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article.
(7) Where the pyrotechnic article does not provide sufficient space for the other labelling requirements specified in Schedule 3 (including where this is as a result of the information specified in paragraph 1(a) and (b) of Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.
(8) This regulation does not apply to pyrotechnic articles for vehicles.
Extent Information
E7This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F28Reg. 11(1)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 8(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F29Reg. 11(3)-(5) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 8(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
11.—(1) Before placing a pyrotechnic article on the market, a manufacturer must ensure that it is labelled —
(a)visibly, legibly and indelibly;
(b)clearly and understandably; and
(c)subject to paragraphs (3) and (4), in the official language of the [F176relevant state] in which the pyrotechnic article is to be made available to the end-user.
(2) The manufacturer must ensure that the labelling of the pyrotechnic article includes, as a minimum, the information specified in Schedule 3 (labelling: required information).
(3) The information specified in paragraph 1(a) and (b) of Schedule 3 must be provided in a language which can be easily understood by the end-users and the competent national authority in the [F176relevant state] in which the pyrotechnic article is to be made available to such end-users.
(4) The information specified in paragraph 1(f) of Schedule 3 must be provided in a language which can be easily understood by consumers and other end-users in the [F176relevant state] in which the pyrotechnic article is to be made available to such consumers and other end-users.
(5) Where the pyrotechnic article is to be made available to end-users in [F177Northern Ireland] the language which can be easily understood by consumers and other end-users is English.
(6) Where it is not possible for information specified in paragraph 1(a) and (b) of Schedule 3 to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements referred to in Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article.
(7) Where the pyrotechnic article does not provide sufficient space for the other labelling requirements specified in Schedule 3 (including where this is as a result of the information specified in paragraph 1(a) and (b) of Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.
(8) This regulation does not apply to pyrotechnic articles for vehicles.
Extent Information
E61This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F176Words in reg. 11 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)
F177Words in reg. 11(5) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)
12.—(1) Before placing a pyrotechnic article for a vehicle on the market, a manufacturer must ensure that it is labelled with—
(a)the information about the manufacturer specified in paragraph 1(a) and (b) of Schedule 3;
(b)the name and type of the pyrotechnic article;
(c)the [F30UK] registration number of the pyrotechnic article;
(d)the product, batch or serial number of the pyrotechnic article; and
(e)safety instructions (where necessary).
(2) If the pyrotechnic article for a vehicle does not provide sufficient space for the labelling requirements specified in paragraph (1), the manufacturer must ensure that the information is provided on the packaging.
(3) Before placing a pyrotechnic article for a vehicle on the market, the manufacturer must draw up a [F31UK] safety data sheet.
(4) In paragraph (3), “[F32UK] safety data sheet” means a document—
(a)compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency M14 (as amended from time to time); and
(b)which takes account of the specific needs of professional users.
Extent Information
E8This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F30Word in reg. 12(1)(c) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 9(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F31Word in reg. 12(3) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 9(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F32Word in reg. 12(4) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 9(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M14OJ L 396, 30.12.2006, p. 1.
12.—(1) Before placing a pyrotechnic article for a vehicle on the market, a manufacturer must ensure that it is labelled with—
(a)the information about the manufacturer specified in paragraph 1(a) and (b) of Schedule 3;
(b)the name and type of the pyrotechnic article;
(c)the registration number of the pyrotechnic article;
(d)the product, batch or serial number of the pyrotechnic article; and
(e)safety instructions (where necessary).
(2) If the pyrotechnic article for a vehicle does not provide sufficient space for the labelling requirements specified in paragraph (1), the manufacturer must ensure that the information is provided on the packaging.
(3) Before placing a pyrotechnic article for a vehicle on the market, the manufacturer must draw up a safety data sheet.
(4) In paragraph (3), “safety data sheet” means a document—
(a)compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency F178 (as amended from time to time); and
(b)which takes account of the specific needs of professional users.
Extent Information
E62This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F178OJ L 396, 30.12.2006, p. 1.
13.—(1) A manufacturer of pyrotechnic articles which are manufactured by series production must ensure that, before placing such a pyrotechnic article on the market, procedures are in place to ensure that any pyrotechnic article so manufactured will be in conformity with Part 2.
(2) In doing so, the manufacturer must take adequate account of—
(a)any change in pyrotechnic article design or characteristics; and
(b)any change in a [F33designated] standard or in another technical specification by reference to which the F34... declaration of conformity was drawn up.
Extent Information
E9This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F33Word in reg. 13(2)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 10(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F34Word in reg. 13(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 10(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
13.—(1) A manufacturer of pyrotechnic articles which are manufactured by series production must ensure that, before placing such a pyrotechnic article on the market, procedures are in place to ensure that any pyrotechnic article so manufactured will be in conformity with Part 2.
(2) In doing so, the manufacturer must take adequate account of—
(a)any change in pyrotechnic article design or characteristics; and
(b)any change in a harmonised standard or in another technical specification by reference to which the EU declaration of conformity was drawn up.
Extent Information
E63This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
14. An importer must not place a pyrotechnic article on the market unless it is in conformity with the essential safety requirements.
15.—(1) Before placing a pyrotechnic article on the market, an importer must ensure that—
(a)a relevant conformity assessment procedure has been carried out by the manufacturer;
(b)the manufacturer has drawn up the technical documentation;
(c)the pyrotechnic article—
(i)bears the [F35UK] marking; and
(ii)is accompanied by the required documents; and
(d)the manufacturer has complied with the requirements set out in regulations 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles).
(2) In paragraph (1)(c)(ii), “required documents” means any documents that are required to be provided with the pyrotechnic article pursuant to—
(a)regulation 11(6); and
(b)regulation 35 (supply of [F36 UK] safety data sheet).
Extent Information
E10This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F35Word in reg. 15(1)(c)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 11(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F36Word in reg. 15(2)(b) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 11(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
15.—(1) Before placing a pyrotechnic article on the market, an importer must ensure that—
(a)a relevant conformity assessment procedure has been carried out by the manufacturer;
(b)the manufacturer has drawn up the technical documentation;
(c)the pyrotechnic article—
(i)bears the CE marking; and
(ii)is accompanied by the required documents; and
(d)the manufacturer has complied with the requirements set out in regulations 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles).
(2) In paragraph (1)(c)(ii), “required documents” means any documents that are required to be provided with the pyrotechnic article pursuant to—
(a)regulation 11(6); and
(b)regulation 35 (supply of safety data sheet).
Extent Information
E64This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
16.—(1) Where an importer considers, or has reason to believe, that a pyrotechnic article is not in conformity with the essential safety requirements, the importer must not place the pyrotechnic article on the market.
(2) Where the pyrotechnic article presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.
17.—(1) Before placing a pyrotechnic article on the market, an importer must indicate on the pyrotechnic article—
(a)the name, registered trade name or registered trade mark of the importer; and
(b)a postal address at which the importer can be contacted.
(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [F37enforcing authority] F38....
[F39(3) Paragraph (1) does not apply where—
(a)either—
(i)it is not possible to set out the information referred to in paragraph (1) on the pyrotechnic article; or
(ii)the importer has imported the pyrotechnic article from an EEA state and places it on the market within the period of [F40seven years] beginning with IP completion day; and
(b)before placing the pyrotechnic article on the market, the importer sets out the information referred to in paragraph (1)—
(i)on the packaging; or
(ii)in a document accompanying the pyrotechnic article.]
Extent Information
E11This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F37Words in reg. 17(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 12(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F38Words in reg. 17(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 12(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F39Reg. 17(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 12(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(ii); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(d)); 2020 c. 1, Sch. 5 para. 1(1)
F40Words in reg. 17(3)(a)(ii) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3 para. (f)
17.—(1) Before placing a pyrotechnic article on the market, an importer must indicate on the pyrotechnic article—
(a)the name, registered trade name or registered trade mark of the importer; and
(b)a postal address at which the importer can be contacted.
(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F179relevant state] in which it is to be made available to such end-users.
(3) Where it is not possible to indicate the information specified in paragraph (1) on the pyrotechnic article, the importer must indicate that information—
(a)on the packaging; or
(b)in a document accompanying the pyrotechnic article.
Extent Information
E65This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F179Words in reg. 17(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)
18.—(1) When placing a pyrotechnic article on the market, an importer must ensure that it is accompanied by instructions and safety information [F41that are clear, legible and in easily understandable English].
F42(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E12This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F41Words in reg. 18(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 13(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F42Reg. 18(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 13(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
18.—(1) When placing a pyrotechnic article on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F180relevant state] in which the pyrotechnic article is to be made available to such consumers and other end-users.
(2) When the pyrotechnic article is being made available to consumers and other end-users in [F181Northern Ireland], the language which can be easily understood by consumers and other end-users is English.
Extent Information
E66This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F180Words in reg. 18(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)
F181Words in reg. 18(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)
19. An importer must, for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market—
(a)keep a copy of the F44... declaration of conformity at the disposal of enforcing authorities; and
(b)ensure that the technical documentation can be made available to enforcing authorities, upon request.
Extent Information
E13This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F43Word in reg. 19 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 14 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F44Word in reg. 19(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 14 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
19. An importer must, for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market—
(a)keep a copy of the EU declaration of conformity at the disposal of enforcing authorities; and
(b)ensure that the technical documentation can be made available to enforcing authorities, upon request.
Extent Information
E67This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
20.—(1) Where a manufacturer or importer places a pyrotechnic article on the market before 17th October 2016, the manufacturer or importer must—
(a)maintain a record of the [F45UK] registration number of the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market; and
(b)upon request, make this information available to an enforcing authority.
(2) Where a manufacturer or importer places a pyrotechnic article on the market after 16th October 2016, the manufacturer or importer must—
(a)keep a record of the required information for the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market;
(b)transfer the record referred to in sub-paragraph (a) to the Secretary of State if the manufacturer or importer is ceasing to trade; and
(c)upon a reasoned request, provide an enforcing authority with the required information.
(3) The Secretary of State may appoint a person to receive, hold and manage the record referred to in paragraph (2) on the Secretary of State's behalf.
(4) In this regulation, “required information” means the following information about a pyrotechnic article—
(a)the [F45UK] registration number;
(b)the trade name;
(c)the generic type and sub-type (where applicable); and
(d)the site of manufacture.
Extent Information
E14This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F45Word in reg. 20 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 15 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
20.—(1) Where a manufacturer or importer places a pyrotechnic article on the market before 17th October 2016, the manufacturer or importer must—
(a)maintain a record of the registration number of the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market; and
(b)upon request, make this information available to an enforcing authority.
(2) Where a manufacturer or importer places a pyrotechnic article on the market after 16th October 2016, the manufacturer or importer must—
(a)keep a record of the required information for the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market;
(b)transfer the record referred to in sub-paragraph (a) to the Secretary of State if the manufacturer or importer is ceasing to trade; and
(c)upon a reasoned request, provide an enforcing authority with the required information.
(3) The Secretary of State may appoint a person to receive, hold and manage the record referred to in paragraph (2) on the Secretary of State's behalf.
(4) In this regulation, “required information” means the following information about a pyrotechnic article—
(a)the registration number;
(b)the trade name;
(c)the generic type and sub-type (where applicable); and
(d)the site of manufacture.
Extent Information
E68This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
21.—(1) When an enforcing authority deems it appropriate, with regard to the risks to the health and safety of consumers presented by a pyrotechnic article, a manufacturer or importer must, upon a duly justified request of the authority and within such period as the authority may specify—
(a)carry out sample testing of pyrotechnic articles made available on the market;
(b)investigate complaints that pyrotechnic articles are not in conformity with Part 2; and
(c)keep distributors informed of any monitoring carried out under sub-paragraphs (a) and (b).
(2) A manufacturer or importer must keep a register and must promptly make entries in that register of any—
(a)complaints that pyrotechnic articles are not in conformity with Part 2;
(b)pyrotechnic articles which are found not to be in conformity with Part 2; and
(c)pyrotechnic article recalls.
(3) A manufacturer or importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.
22.—(1) A manufacturer or importer who considers, or has reason to believe, that a pyrotechnic article which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the pyrotechnic article into conformity;
(b)withdraw the pyrotechnic article; or
(c)recall the pyrotechnic article.
(2) Where the pyrotechnic article presents a risk, the manufacturer or importer must immediately inform the market surveillance authority, F46... of the risk, giving details of—
(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E15This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F46Words in reg. 22(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 16 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
22.—(1) A manufacturer or importer who considers, or has reason to believe, that a pyrotechnic article which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary to—
(a)bring the pyrotechnic article into conformity;
(b)withdraw the pyrotechnic article; or
(c)recall the pyrotechnic article.
(2) Where the pyrotechnic article presents a risk, the manufacturer or importer must immediately inform the market surveillance authority, and the competent national authorities of any other [F182relevant state] in which the manufacturer or importer made the pyrotechnic article available on the market, of the risk, giving details of—
(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E69This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F182Words in reg. 22(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)
23.—(1) A manufacturer or importer must, further to a reasoned request from an enforcing authority and within such period as the enforcing authority may specify, provide the authority with the information and documentation necessary to demonstrate that the pyrotechnic article is in conformity with Part 2—
(a)in paper or electronic form; and
(b)in a language which can be easily understood by the enforcing authority.
(2) A manufacturer or importer must, at the request of the enforcing authority, cooperate with the authority on any action taken to—
(a)evaluate a pyrotechnic article in accordance with regulation 56 (evaluation of pyrotechnic articles presenting a risk); or
(b)eliminate the risks posed by a pyrotechnic article which the manufacturer or importer has placed on the market.
24. When making a pyrotechnic article available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.
25.—(1) Before making a pyrotechnic article available on the market, the distributor must verify that—
(a)the pyrotechnic article—
(i)bears the [F47UK] marking;
(ii)is accompanied by the required documents;
(iii)is accompanied by instructions and safety information [F48that are clear, legible and in easily understandable English];
(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles); and
(c)the importer has complied with the requirements set out in regulation 17 (information identifying importer).
(2) In paragraph (1)(a)(ii), “required documents” means the documents that are required to be provided with the pyrotechnic article pursuant to—
(a)regulation 11(6);
(b)regulation 17(3)(b); and
(c)regulation 35 (supply of [F49UK] safety data sheet).
Extent Information
E16This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F47Word in reg. 25(1)(a)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 17(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F48Words in reg. 25(1)(a)(iii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 17(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F49Word in reg. 25(2)(c) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 17(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
25.—(1) Before making a pyrotechnic article available on the market, the distributor must verify that—
(a)the pyrotechnic article—
(i)bears the CE marking;
(ii)is accompanied by the required documents;
(iii)is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F183relevant state] in which the pyrotechnic article is to be made available on the market;
(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles); and
(c)the importer has complied with the requirements set out in regulation 17 (information identifying importer).
(2) In paragraph (1)(a)(ii), “required documents” means the documents that are required to be provided with the pyrotechnic article pursuant to—
(a)regulation 11(6);
(b)regulation 17(3)(b); and
(c)regulation 35 (supply of safety data sheet).
Extent Information
E70This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F183Words in reg. 25(1)(a)(iii) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)
26.—(1) Where a distributor considers, or has reason to believe, that a pyrotechnic article is not in conformity with the essential safety requirements, the distributor must not make the pyrotechnic article available on the market.
(2) Where the pyrotechnic article presents a risk, the distributor must inform the following persons of the risk—
(a)the manufacturer or the importer; and
(b)the market surveillance authority.
27.—(1) A distributor who considers, or has reason to believe, that a pyrotechnic article which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—
(a)bring that pyrotechnic article into conformity;
(b)withdraw the pyrotechnic article; or
(c)recall the pyrotechnic article.
(2) Where the pyrotechnic article presents a risk, the distributor must immediately inform the market surveillance authority, F50... of that risk, giving details of—
(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E17This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F50Words in reg. 27(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 18 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
27.—(1) A distributor who considers, or has reason to believe, that a pyrotechnic article which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken to—
(a)bring that pyrotechnic article into conformity;
(b)withdraw the pyrotechnic article; or
(c)recall the pyrotechnic article.
(2) Where the pyrotechnic article presents a risk, the distributor must immediately inform the market surveillance authority, and the competent national authorities of the other [F184relevant states] in which the distributor has made the pyrotechnic article available on the market, of that risk, giving details of—
(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and
(b)any corrective measures taken.
Extent Information
E71This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F184Words in reg. 27(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(2)
28.—(1) A distributor must, further to a reasoned request from an enforcing authority and within such period as the authority may specify, provide the authority with the information and documentation, in paper or electronic form, necessary to demonstrate that the pyrotechnic article is in conformity with Part 2.
(2) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken to—
(a)evaluate a pyrotechnic article in accordance with regulation 56 (evaluation of pyrotechnic articles presenting a risk); and
(b)eliminate the risks posed by a pyrotechnic article which the distributor has made available on the market.
29. Each importer and distributor must ensure that, while a pyrotechnic article is under their responsibility, its storage or transport conditions do not jeopardise its conformity with the essential safety requirements.
30. An economic operator who would, but for this regulation, be considered an importer or distributor (“A”), is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under this Part, where A—
(a)places a pyrotechnic article on the market under A's own name or trademark; or
(b)modifies a pyrotechnic article already placed on the market in such a way that it may affect whether the pyrotechnic article is in conformity with Part 2.
31. An economic operator must not make a pyrotechnic article available on the market in the United Kingdom to a person younger than the following minimum age limits—
(a)for a Christmas cracker, 12 years;
(b)for a category F1 firework other than a Christmas cracker, 16 years;
(c)for a category F2 firework or a category F3 firework, 18 years;
(d)for a category T1 theatrical pyrotechnic article, 18 years;
(e)for a category P1 other pyrotechnic article, 18 years.
32. An economic operator must not make available on the market the following pyrotechnic articles, except to a person with specialist knowledge—
(a)a category F4 firework;
(b)a category T2 theatrical pyrotechnic article; or
(c)a category P2 other pyrotechnic article.
33.—(1) An economic operator must not make available on the market in the United Kingdom a category F2 firework or a category F3 firework of any of the following descriptions—
(a)an aerial wheel;
(b)a banger, flash banger or double banger;
(c)a jumping cracker;
(d)a jumping ground spinner;
(e)a spinner;
(f)a mini rocket;
(g)a shot tube—
(i)which produces a report as its principal effect; or
(ii)the inside diameter of which is greater than 30mm;
(h)a battery containing bangers, flash bangers or double bangers;
(i)a combination (other than a wheel) which includes one or more bangers, flash bangers or double bangers.
(2) Paragraph (1)(b) does not prohibit the making available on the market of a category F2 firework or category F3 firework as part of a wheel.
(3) Paragraph (1) does not prohibit the making available on the market of a category F2 firework or category F3 firework to a person with specialist knowledge.
(4) No person who carries on a business involving the making available of fireworks on the market by retail may supply a category F2 firework or category F3 firework which that person—
(a)has removed or caused to be removed from a selection pack or primary pack; or
(b)knows to have been removed from a selection pack or primary pack.
34. An economic operator must not make a category P1 pyrotechnic article, which is also a pyrotechnic article for a vehicle (including an airbag or seat belt pre-tensioner system), available to a member of the general public unless the article has been incorporated in a vehicle or a detachable vehicle part.
35. When making a pyrotechnic article for a vehicle available on the market to a professional user, an economic operator must supply to the professional user the [F52UK] safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)—
F53(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)on paper or in electronic form, provided that the format chosen is accessible to the professional user.
Extent Information
E18This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F51Word in reg. 35 heading inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 19(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F52Word in reg. 35 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 19(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F53Reg. 35(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 19(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
35. When making a pyrotechnic article for a vehicle available on the market to a professional user, an economic operator must supply to the professional user the safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)—
(a)in the language requested by that professional user; and
(b)on paper or in electronic form, provided that the format chosen is accessible to the professional user.
Extent Information
E72This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
36.—(1) Before making a pyrotechnic article available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the [F55relevant state] in which it is to be made available on the market.
(2) Where the pyrotechnic articles is to be made available on the market in [F56Northern Ireland], the language required is English.]
Textual Amendments
F54Reg. 36 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 20 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F55Words in reg. 36(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)
F56Words in reg. 36(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)
37.—(1) An economic operator (“E”), who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authority—
(a)any economic operator who has supplied E with a pyrotechnic article; and
(b)any economic operator to whom E has supplied a pyrotechnic article.
(2) The relevant period is—
(a)for information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the pyrotechnic article;
(b)for information under paragraph (1)(b), a period of 10 years beginning on the day on which E supplied the pyrotechnic article.
38.—(1) An economic operator must not affix the [F58UK] marking to a pyrotechnic article unless—
(a)that economic operator is the manufacturer; and
(b)the conformity of the pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.
(2) An economic operator must not affix to a pyrotechnic article a marking (other than the [F58UK] marking) which purports to attest that the pyrotechnic article is in conformity with the essential safety requirements.
(3) An economic operator must not affix to a pyrotechnic article a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [F58UK] marking.
(4) An economic operator must not affix to a pyrotechnic article any other marking if the visibility, legibility and meaning of the [F58UK] marking would be impaired as a result.
Extent Information
E19This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F57Word in reg. 38 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 21 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F58Word in reg. 38 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 21 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
38.—(1) An economic operator must not affix the CE marking to a pyrotechnic article unless—
(a)that economic operator is the manufacturer; and
(b)the conformity of the pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.
(2) An economic operator must not affix to a pyrotechnic article a marking (other than the CE marking) which purports to attest that the pyrotechnic article is in conformity with the essential safety requirements.
(3) An economic operator must not affix to a pyrotechnic article a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.
(4) An economic operator must not affix to a pyrotechnic article any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.
Extent Information
E73This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
38A.—(1) In this regulation—
(a)any reference to an Article or an Annex is a reference to an Article or an Annex to the Directive; and
(b)“CE marking” has the meaning given to it in Article 3(22); and
(c)“harmonised standard” has the meaning given to it in Article 3(14).
(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer—
(a)ensures that the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;
(b)ensures that the technical documentation referred to in Annex II has been drawn up;
(c)ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;
(d)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;
(e)affixes a CE marking and other markings, in accordance with Articles 19 and 20(1) to (4);
(f)draws up an EU declaration of conformity, in accordance with Article 18; and
(g)ensures that the EU declaration of conformity is prepared in or translated into English.
(3) Where this paragraph applies—
(a)the requirements of regulation 7, 8, 9(1) and 9(3) are to be treated as being satisfied;
(b)regulations 2(2)(a), 9(2), 10, 13(2) and 38 apply subject to the modifications in paragraph (8);
(c)Part 3 does not apply; and
(d)regulations 60(1)(a), (c), (d) and (f) do not apply.
(4) Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures that—
(a)the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;
(b)the manufacturer has drawn up the technical documentation referred to in Annex II; and
(c)the vessel bears the CE marking and other markings referred to in Article 20(3) to (4).
(5) Where this paragraph applies—
(a)the requirements of regulation 15(a) to (c) are to be treated as being satisfied; and
(b)regulations 2(2)(a), 16(1) and 19, and regulation 29 insofar as it relates to importers, apply subject to the modifications in paragraph (8).
(6) Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor ensures that the vessel bears the CE marking.
(7) Where this paragraph applies—
(a)regulation 25(1)(a)(i) is to be treated as being satisfied; and
(b)regulations 2(2)(a), 26(1), and regulation 29 insofar as it relates to distributors, apply subject to the modifications in paragraph (8).
(8) The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are that—
(a)any reference to “declaration of conformity” is to be read as a reference to the EU declaration of conformity;
(b)any reference to “UK marking” is to be read as a reference to the CE marking;
(c)any reference to “essential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;
(d)any reference to “designated standard” is to be read as a reference to a harmonised standard;
(e)any reference to “relevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the pyrotechnic article in accordance with Article 17;
(f)any reference to “technical documentation” is a reference to the technical documentation referred to in Annex II.
Textual Amendments
F59Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
38B.—(1) In this regulation—
(a)any reference to an Article is a reference to an Article of the Directive; and
(b)“registration number” means a number comprising the elements set out in Article 1 of Commission Implementing Directive 2014/58/EU of 16 April 2014 setting up a system for the traceability of pyrotechnic articles, as it has effect immediately before exit day.
(2) Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer labels the pyrotechnic article with a registration number in accordance with Article 10(2) or Article 11(1), as applicable.
(3) Where this paragraph applies—
(a)the requirements of regulations 11, 12 and 20 apply subject to the modifications in paragraph (8); and
(b)regulation 60(1)(f) does not apply.
(4) Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures that the pyrotechnic article has been labelled with a registration number in accordance with Articles 10(2) or 11(1), as applicable.
(5) Where this paragraph applies the requirements of regulation 15(1)(d) and 20 apply subject to the modifications at paragraph (8).
(6) Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor verifies that the pyrotechnic article has been labelled with a registration number in accordance with Articles 10(2) or 11(1), as applicable.
(7) Where this paragraph applies the requirements of regulation 25(1)(b) apply subject to the modifications at paragraph (8).
(8) The modifications referred to in paragraphs (3)(a), (5) and (7) are that—
(a)any reference to “Schedule 3” in regulations 11 or 12 is to be read as a reference to Schedule 3 subject to the modification that, in paragraph 1(d) of that Schedule, the reference to “UK registration number” is to be read as a reference to the registration number; and
(b)any reference to “UK registration number” is to be read as a reference to the registration number.
Textual Amendments
F59Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
38C.—(1) In this regulation “safety data sheet” means a document—
(a)compiled in accordance with Annex II to Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, as it has effect in EU law immediately before exit day; and
(b)which takes into account the specific needs of professional users.
(2) Paragraph (3) applies where, before placing a pyrotechnic article for vehicles on the market, the manufacturer draws up a safety data sheet in English.
(3) Where this paragraph applies—
(a)regulation 12 applies subject to the modification—
(i)in paragraph (10); and
(ii)that paragraph (4) of that regulation is omitted; and
(b)regulation 60(1)(f) does not apply.
(4) Paragraph (5) applies where, before placing a pyrotechnic article for vehicles on the market, the importer ensures that the article is accompanied by a safety data sheet in English.
(5) Where this paragraph applies regulation 15 applies subject to the modification that paragraph (2) of that regulation is substituted by the following—
“(2) In paragraph (1)(c)(ii), “required documents” means—
(a)the documents that are required to be provided with the pyrotechnic article pursuant to regulation 11(6); and
(b)the safety data sheet.”.
(6) Paragraph (7) applies where, before making a pyrotechnic article for vehicles available on the market, a distributor verifies that the article is accompanied by a safety data sheet in English.
(7) Where this paragraph applies regulation 25 applies subject to the modification that paragraph (2) of that regulation is substituted by the following—
“(2) In paragraph (1)(a)(ii), “required documents” means—
(a)the documents that are required to be provided with the pyrotechnic article pursuant to regulations 11(6) and 17(3)(b); and
(b)the safety data sheet.”.
(8) Paragraph (9) applies where, before making a pyrotechnic article for vehicles available on the market to a professional user, an economic operator supplies to the professional user a safety data sheet in respect of that article.
(9) Where this paragraph applies regulation 35 applies subject to the modification at paragraph (10).
(10) The modification referred to in sub-paragraphs (3) and (9) is that any reference to a “UK safety data sheet” is to be read as a reference to a safety data sheet.
Textual Amendments
F59Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
38D.—(1) In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.
(2) Paragraph (3) applies where, prior to the manufacture of a pyrotechnic article, the manufacturer ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17(a), referred to as Module B and set out in Annex II, has been carried out.
(3) Where this paragraph applies—
(a)the requirement in regulation 40(a) to conform to Module B as set out in Schedule 2A is to be treated as being satisfied;
(b)any reference to “relevant conformity assessment procedure” in regulations 8(a), 9(1), 15(1)(a), 38(1)(b) and 41(b) is to be read as including the conformity assessment procedure referred to in Article 17(1)(a), referred to as Module B and set out in Annex II; and
(c)any reference to “technical documentation” in regulations 8(b), 10, 15(1)(b) and 19(b) is to be read as including the technical documentation relating to the design of the pyrotechnic article referred to in Module B of Annex II.
Textual Amendments
F59Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
38E.—(1) Subject to paragraph (2), regulations 38A to 38C cease to have effect at the end of the period of [F60four years] beginning with IP completion day.
(2) Notwithstanding the expiry of regulation 38A—
(a)any pyrotechnic article which was placed on the market pursuant to regulation 38A may continue to be made available on the market on or after the expiry of regulation 38A;
(b)any obligation to which a person was subject under regulation 38A in respect of a pyrotechnic article placed on the market pursuant to regulation 38A continues to have effect after the expiry of regulation 38A, in respect of that article;
(c)any obligation to which a person was subject under regulations 38B and 38C in respect of a pyrotechnic article pursuant to regulations 38B and 38C continues to have effect after the expiry of regulations 38B and 38C, in respect of that article.
(3) Subject to paragraph (4), regulation 38D ceases to have effect at the end of the period of [F61four years] beginning with IP completion day.
(4) Where a conformity assessment procedure has been completed pursuant to regulation 38B in relation to a pyrotechnic article prior to the expiry of regulation 38D, regulation 38D continues to apply in respect of that article where—
(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;
(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and
(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.
(5) In paragraph (4) “EU-Type examination certificate” means a certificate issued after an EU-Type examination has been carried out in accordance with a conformity assessment procedure set out in Annex II of the Directive.
Textual Amendments
F59Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
F60Words in reg. 38E(1) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1 para (i)
F61Words in reg. 38E(3) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1 para (i)
38F.—(1) Where paragraph (2) applies, a pyrotechnic article is to be treated as being in conformity with Part 2.
(2) This paragraph applies where—
(a)a pyrotechnic article—
(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and
(ii)is qualifying Northern Ireland goods; and
(b)an importer has complied with the obligations set out in paragraph (3).
(3) The obligations referred to in paragraph (2)(b) are that, before placing the pyrotechnic article on the market, the importer—
(a)complies with regulation 17;
(b)ensures that—
(i)the relevant conformity assessment procedure has been carried out in relation to the pyrotechnic article;
(ii)the manufacturer has drawn up the technical documentation; and
(iii)the pyrotechnic article bears the CE marking.
(4) In this regulation—
“CE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;
“qualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
“relevant conformity assessment procedure” has the meaning give to it in regulation 2(1), as it applies in Northern Ireland;
“technical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.]
Textual Amendments
F59Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)
39.—(1) A pyrotechnic article which is in conformity with a [F62designated] standard (or part of such a standard) F63... is to be presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
Extent Information
E20This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F62Word in reg. 39(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 23(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F63Words in reg. 39(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 23(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
39.—(1) A pyrotechnic article which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal of the European Union is to be presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
Extent Information
E74This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
40. For the assessment of conformity of a pyrotechnic article, the manufacturer must follow one of the following procedures referred to in [F64Schedule 2A]—
(a)[F65Type] examination carried out by [F66an approved body] (Module B), and, at the choice of the manufacturer, one of the following procedures—
(i)conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);
(ii)conformity to type based on quality assurance of the production process (Module D);
(iii)conformity to type based on product quality assurance (Module E);
(b)conformity based on unit verification by [F66an approved body] (Module G);
(c)conformity based on full quality assurance by [F66an approved body] (Module H), insofar as it concerns category F4 fireworks.
Extent Information
E21This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F64Words in reg. 40 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 24(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F65Word in reg. 40(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 24(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F66Words in reg. 40 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 24(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
40. For the assessment of conformity of a pyrotechnic article, the manufacturer must follow one of the following procedures referred to in Annex II to the Directive (as amended from time to time)—
(a)EU-type examination carried out by a notified body (Module B), and, at the choice of the manufacturer, one of the following procedures—
(i)conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);
(ii)conformity to type based on quality assurance of the production process (Module D);
(iii)conformity to type based on product quality assurance (Module E);
(b)conformity based on unit verification by a notified body (Module G);
(c)conformity based on full quality assurance by a notified body (Module H), insofar as it concerns category F4 fireworks.
Extent Information
E75This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
41. The F68... declaration of conformity for a pyrotechnic article must—
(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the pyrotechnic article;
(b)contain the elements specified in [F69Schedule 2A] for the relevant conformity assessment procedure followed in respect of the pyrotechnic article; and
(c)have the model structure set out in [F70Schedule 3A].
Extent Information
E22This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F67Word in reg. 41 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F68Word in reg. 41 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F69Words in reg. 41 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F70Words in reg. 41 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
41. The EU declaration of conformity for a pyrotechnic article must—
(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the pyrotechnic article;
(b)contain the elements specified in Annex II to the Directive (as amended from time to time) for the relevant conformity assessment procedure followed in respect of the pyrotechnic article; and
(c)have the model structure set out in Annex III to the Directive (as amended from time to time).
Extent Information
E76This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
42.—(1) The [F72UK] marking must be affixed visibly, legibly and indelibly to the pyrotechnic article [F73or, where paragraph (1A) applies, to a label affixed to the pyrotechnic article or to the accompanying documents].
[F74(1A) For a period of [F75seven years] beginning with IP completion day, the UK marking may be affixed to—
(a)a label affixed to the pyrotechnic article; or
(b)the accompanying documents.]
(2) Where [F76 paragraph (1A) does not apply and] it is not possible or warranted, on account of the nature of the pyrotechnic article, to affix the [F72UK] marking in accordance with paragraph (1), the [F72UK] marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
(3) The [F72UK] marking must be followed by the identification number of the [F77 approved] which carried out the relevant conformity assessment procedure for the pyrotechnic article, where that body is involved in the production control phase.
(4) The identification number of the [F77 approved] must be affixed—
(a)by the [F77 approved] itself; or
(b)under the instructions of the [F77 approved], by the manufacturer.
Extent Information
E23This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F71Word in reg. 42 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F72Word in reg. 42 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F73Words in reg. 42(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(c) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(4)); 2020 c. 1, Sch. 5 para. 1(1)
F74Reg. 42(1A) inserted (E.W.S.) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(d) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(4)); 2020 c. 1, Sch. 5 para. 1(1)
F75Words in reg. 42(1A) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (h)
F76Words in reg. 42(2) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(e) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(4)); 2020 c. 1, Sch. 5 para. 1(1)
F77Word in reg. 42 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
42.—(1) The CE marking must be affixed visibly, legibly and indelibly to the pyrotechnic article.
(2) Where it is not possible or warranted, on account of the nature of the pyrotechnic article, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed to—
(a)the packaging; and
(b)the accompanying documents.
(3) The CE marking must be followed by the identification number of the notified body which carried out the relevant conformity assessment procedure for the pyrotechnic article, where that body is involved in the production control phase.
(4) The identification number of the notified body must be affixed—
(a)by the notified body itself; or
(b)under the instructions of the notified body, by the manufacturer.
Extent Information
E77This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
42A.—(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the pyrotechnic article, in accordance with this regulation.
(2) The UK(NI) indication must be affixed—
(a)visibly, legibly and indelibly; and
(b)before a pyrotechnic article is placed on the market in Northern Ireland.
(3) The UK(NI) indication must accompany the CE marking wherever that is affixed, in accordance with regulation 42(1) or (2).
(4) The UK(NI) indication must be affixed by the manufacturer.
(5) When placing a pyrotechnic article on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.
Textual Amendments
42B.—(1) The Secretary of State must ensure that—
(a)each notified body established in the United Kingdom is assigned an identification number; and
(b)there is a register of—
(i)notified bodies established in the United Kingdom;
(ii)their notified body identification number;
(iii)the activities for which they have been notified;
(iv)any restrictions on those activities.
(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.
(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).]
Textual Amendments
Textual Amendments
F79Pt. 4 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 27 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(iii)(iv)); 2020 c. 1, Sch. 5 para. 1(1)
43.—(1) An approved body is a conformity assessment body which—
(a)has been approved by the Secretary of State pursuant to the procedure set out in regulation 44 (approval of conformity assessment bodies); or
(b)immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 49(1) or (2) as it had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.
(2) Paragraph (1) has effect subject to regulation 47 (restriction, suspension or withdrawal of approval).
(3) In this Part—
“notified body” means a body—
which the Secretary of State had before IP completion day notified to the European Commission and the member States, in accordance with Article 21 of the Directive; and
in respect of which no objections had been raised, as referred to in regulation 43(1)(b), as it had effect immediately before IP completion day
“approved body requirements” means the requirements set out in Schedule 5.]
Extent Information
E24This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
43.—(1) For the purposes of this Part, a notified body is a conformity assessment body—
(a)which has been notified to the European Commission and to other [F185relevant states] under regulation 44 (notification); and
(b)in respect of which no objections [F186, other than an immaterial objection,] are raised by the European Commission or other [F185relevant states]—
(i)within 2 weeks of a notification, where an accreditation certificate is used; or
(ii)within 2 months of a notification, where accreditation is not [F187used;]
[F188(c)in sub-paragraph (b), an “immaterial objection” is an objection on the grounds that—
(i)the conformity assessment body is established in the United Kingdom; or
(ii)the accreditation certificate was issued by the United Kingdom Accreditation Service.]
(2) Paragraph (1) has effect subject to regulation 49 (changes to notifications).
Extent Information
E78This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F185Words in reg. 43(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(a)
F186Words in reg. 43(1)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(b)(i)
F187Word in reg. 43(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(b)(ii)
44.—(1) The Secretary of State may approve only those conformity assessment bodies that qualify for approval.
(2) A conformity assessment body qualifies for approval if the first and second conditions below are met.
(3) The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied by—
(a)a description of–
(i)the conformity assessment activities that the conformity assessment body intends to carry out;
(ii)the relevant conformity assessment procedure in respect of which the conformity assessment body claims to be competent;
(iii)the pyrotechnic article in respect of which the conformity assessment body claims to be competent; and
(b)either—
(i)an accreditation certificate; or
(ii)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.
(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.
(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.
(6) When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may–
(a)have regard to any other matter which appears to the Secretary of State to be relevant; and
(b)set conditions that the conformity assessment body must meet.
(7) For the purposes of this regulation “accreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.]
Extent Information
E25This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
44.—(1) The Secretary of State may notify to the European Commission and the other [F189relevant states] only those conformity assessment bodies that qualify for notification.
(2) A conformity assessment body qualifies for notification if the first and the second conditions below are met.
(3) The first condition is that the conformity assessment body makes an application to the Secretary of State for notification and that application is accompanied by—
(a)a description of—
(i)the conformity assessment activities that the conformity assessment body intends to carry out;
(ii)the conformity assessment module for which the conformity assessment body claims to be competent; and
(iii)the pyrotechnic article for which the conformity assessment body claims to be competent; and either
(b)an accreditation certificate; or
(c)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the notified body requirements.
(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.
(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the notified body requirements.
(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other [F189relevant states], the Secretary of State may—
(a)have regard to any other matter which appears to the Secretary of State to be relevant; and
(b)set conditions that the conformity assessment body must meet.
(7) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.
Extent Information
E79This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F189Words in reg. 44 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(2)
45.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).
(2) The presumption in paragraph (1) is rebuttable.]
Extent Information
E26This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
45.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal of the European Union, the Secretary of State is to presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).
(2) The presumption in paragraph (1) is rebuttable.
Extent Information
E80This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
46. The Secretary of State must monitor each approved body with a view to verifying that the body—
(a)continues to meet the approved body requirements;
(b)meets any conditions set—
(i)in accordance with regulation 44(6)(b); or
(ii)in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 44(6)(b) as it applied immediately before IP completion day; and
(c)carries out its functions in accordance with these Regulations.]
Extent Information
E27This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
46. A notification under regulation 44 must include—
(a)details of—
(i)the conformity assessment activities in respect of which the conformity assessment body has made its application for notification;
(ii)the conformity assessment module in respect of which the conformity assessment body has made its application for notification;
(iii)the pyrotechnic article in respect of which the conformity assessment body has made its application for notification; and either
(b)an accreditation certificate; or
(c)documentary evidence which attests to—
(i)the conformity assessment body's competence; and
(ii)the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements.
Extent Information
E81This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
[F7947.—(1) Where the Secretary of State determines that an approved body—
(a)no longer meets an approved body requirement; or
(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 46(b),
the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 43.
(2) Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 46(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 43.
(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.
(4) Before taking action under paragraph (1) or (2), the Secretary of State must—
(a)give notice in writing to the approved body of the proposed action and the reasons for it;
(b)give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and
(c)consider any such representations made by the approved body.
(5) Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body must—
(a)on the request of the Secretary of State, transfer its files (including the register which it maintains under paragraph 5 of Schedule 6 (operational obligations of approved bodies)) to another approved body or to the Secretary of State; or
(b)in the absence of a request under sub-paragraph (a), ensure that its files are kept available for the Secretary of State and each enforcing authority for a period equal to that specified in paragraphs 5 and 6 of Schedule 6.
(6) The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.]
Extent Information
E28This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
47.—(1) The Secretary of State must monitor each notified body with a view to verifying that the notified body—
(a)continues to meet the notified body requirements;
(b)meets any conditions set in accordance with regulation 44(6)(b); and
(c)carries out its functions in accordance with these Regulations.
(2) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.
Extent Information
E82This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
48.—(1) Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and procedures—
(a)in respect of which the body's approval was given under regulation 44; or
(b)in respect of which the body's notification as a notified body was made.
(2) Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 6.
(3) An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved body—
(a)to issue a Type-examination certificate referred to in Schedule 2A; or
(b)to affix, or cause to be affixed, the body's identification number pursuant to regulation 42(4).]
Extent Information
E29This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
48. The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of State—
(a)assessing whether a conformity assessment body meets the notified body requirements; and
(b)monitoring notified bodies.
Extent Information
E83This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
49.—(1) An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities provided—
(a)the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;
(b)the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and
(c)the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.
(2) The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).
(3) Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerning—
(a)the assessment of the qualifications of the subcontractor or the subsidiary; and
(b)the conformity assessment activity carried out by the subcontractor or subsidiary.
(4) In this regulation “subsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.]
Extent Information
E30This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
49.—(1) Where the Secretary of State determines that a notified body no longer meets a notified body requirement, or that it is failing to fulfil any of its obligations under these Regulations other than conditions set in accordance with regulation 44(6)(b), the Secretary of State must restrict, suspend or withdraw the body's status as a notified body under regulation 43.
(2) With the consent of a notified body, or where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 44(6)(b), the Secretary of State may restrict, suspend or withdraw the body's status as a notified body under regulation 43.
(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the failure.
(4) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other [F190relevant states].
(5) Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the body must—
(a)on the request of the Secretary of State, transfer its files (including the register which it maintains under paragraph 5 of Schedule 6 (operational obligations of notified bodies)) to another notified body or to the Secretary of State; or
(b)in the absence of a request under sub-paragraph (a), ensure that its files are kept available for the Secretary of State and each enforcing authority for a period equal to that specified in paragraphs 5 and 6 of Schedule 6.
Extent Information
E84This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F190Words in reg. 49(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(3)
50.—(1) The Secretary of State must—
(a)assign an approved body identification number to each approved body; and
(b)compile and maintain a register of—
(i)approved bodies;
(ii)their approved body identification numbers;
(iii)the activities for which they have been approved; and
(iv)any restrictions on those activities.
(2) The register referred to in paragraph (1) must be made publicly available.]
Extent Information
E31This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
50. When a notified body carries out a relevant conformity assessment procedure, Schedule 6 has effect.
Extent Information
E85This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
51. The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of State—
(a)assessing whether a conformity assessment body meets the approved body requirements;
(b)monitoring approved bodies in accordance with regulation 46; and
(c)compiling and maintaining the register of approved bodies, in accordance with regulation 50.]
Extent Information
E32This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
51.—(1) Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the activities are only to be treated as having been carried out by a notified body for the purposes of regulation 40 (conformity assessment procedures) where the conditions in paragraphs (2) and (3) are met.
(2) The notified body must—
(a)ensure that the subcontractor or subsidiary meets the notified body requirements; and
(b)inform the Secretary of State accordingly.
(3) The notified body must have obtained the agreement of the client to the use of a subcontractor or subsidiary.
(4) Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the notified body must for a period of at least 10 years beginning on the day on which the activities are carried out, keep at the disposal of the Secretary of State the documentation concerning—
(a)the assessment of the qualifications of the subcontractor or the subsidiary; and
(b)the conformity assessment activities carried out by the subcontractor or subsidiary.
(5) When monitoring a notified body in accordance with regulation 47, the Secretary of State must treat the notified body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.
Extent Information
E86This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
52.—(1) In Great Britain, the market surveillance authority is—
(a)within its area, the weights and measures authority for—
(i)category F1 fireworks;
(ii)category F2 fireworks; and
(iii)category F3 fireworks;
(b)the Health and Safety Executive for—
(i)category F4 fireworks;
(ii)category T1 theatrical pyrotechnic articles;
(iii)category T2 theatrical pyrotechnic articles;
(iv)category P1 other pyrotechnic articles; and
(v)category P2 other pyrotechnic articles.
(2) In Northern Ireland, the market surveillance authority is—
(a)within its area, the district council for—
(i)category F1 fireworks;
(ii)category F2 fireworks; and
(iii)category F3 fireworks;
(b)the Secretary of State for—
(i)category F4 fireworks;
(ii)category T1 theatrical pyrotechnic articles;
(iii)category T2 theatrical pyrotechnic articles;
(iv)category P1 other pyrotechnic articles; and
(v)category P2 other pyrotechnic articles.
53.—(1) The market surveillance authority must enforce these Regulations, and RAMS in its application to pyrotechnic articles, or ensure that they are enforced.
(2) In Great Britain, a GB enforcer other than the market surveillance authority may enforce these Regulations and RAMS in its application to pyrotechnic articles.
(3) In Northern Ireland, a NI enforcer other than the market surveillance authority may enforce these Regulations and RAMS in its application to pyrotechnic articles.
(4) Before taking action under paragraphs (2) or (3) a GB enforcer or NI enforcer must notify the market surveillance authority of the proposed action.
(5) The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of enforcing these Regulations and RAMS in its application to pyrotechnic articles.
(6) In Scotland, only the Lord Advocate may prosecute an offence under these Regulations.
(7) In this regulation—
“GB enforcer” means—
a weights and measures authority;
the Health and Safety Executive; or
the Secretary of State;
“NI enforcer” means—
a district council; or
the Secretary of State.
54.—(1) Schedule 7 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act) is to have effect where the enforcing authority is—
(a)a weights and measures authority;
(b)a district council; or
(c)the Secretary of State.
(2) Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act) is to have effect where the enforcing authority is the Health and Safety Executive.
(3) In addition to the powers available to an enforcing authority under paragraph (1) or (2), the authority may use the powers set out in Schedule 9 (compliance, withdrawal and recall notices).
55. When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent with—
(a)regulation 56 (evaluation of pyrotechnic articles presenting a risk);
(b)regulation 57 (enforcement action in respect of pyrotechnic articles which are not in conformity and which present a risk);
(c)[F80regulation 58 (EU safeguard procedure);]
(d)regulation 59 (enforcement action in respect of pyrotechnic articles which are in conformity, but present a risk);
(e)regulation 60 (enforcement action in respect of formal non-compliance); and
(f)regulation 61 (restrictive measures).
Textual Amendments
F80Reg. 55(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 28 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
56.—(1) Where the market surveillance authority has sufficient reason to believe that a pyrotechnic article presents a risk, the market surveillance authority must carry out an evaluation in relation to the pyrotechnic article covering the relevant requirements of Part 2 applying in respect of that pyrotechnic article.
(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that a pyrotechnic article presents a risk, that enforcing authority may carry out an evaluation in relation to the pyrotechnic article covering the relevant requirements of Part 2 applying in respect of that pyrotechnic article.
57.—(1) Where, in the course of the evaluation referred to in regulation 56, an enforcing authority finds that the pyrotechnic article is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—
(a)take appropriate corrective actions to bring the pyrotechnic article into conformity with those requirements within a prescribed period;
(b)withdraw the pyrotechnic article within a prescribed period; or
(c)recall the pyrotechnic article within a prescribed period.
(2) The enforcing authority must inform the [F81approved] body which carried out the conformity assessment procedure in respect of the pyrotechnic article of—
(a)the respect in which the pyrotechnic article is not in conformity with Part 2; and
(b)the actions which the enforcing authority is requiring the relevant economic operator to take.
(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State of—
(a)the results of the evaluation; and
(b)the actions which it has required the economic operator to take.
F82(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—
(a)prohibit or restrict the pyrotechnic article being made available on the market in the United Kingdom;
(b)withdraw the pyrotechnic article from the United Kingdom market; or
(c)recall the pyrotechnic article.
(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.
F83(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) The [F84notice in paragraph (6)] must include details about the pyrotechnic article and, in particular—
(a)the data necessary for the identification of the pyrotechnic article which is not in conformity with Part 2;
(b)the origin of the pyrotechnic article;
(c)the nature of the lack of conformity alleged and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the relevant economic operator; and
(f)whether the lack of conformity is due to either of the following—
(i)failure of the pyrotechnic article to meet requirements relating to a risk;
(ii)shortcomings in the [F85designated] standards referred to in regulation 39 (presumption of conformity) conferring a presumption of conformity.
(9) In this regulation, “prescribed period” means a period which is—
(a)prescribed by the enforcing authority; and
(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.
Extent Information
E33This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F81Word in reg. 57(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F82Reg. 57(4) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F83Reg. 57(7) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F84Words in reg. 57(8) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F85Word in reg. 57(8)(f)(ii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(c)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
57.—(1) Where, in the course of the evaluation referred to in regulation 56, an enforcing authority finds that the pyrotechnic article is not in conformity with Part 2, it must, without delay, require a relevant economic operator to—
(a)take appropriate corrective actions to bring the pyrotechnic article into conformity with those requirements within a prescribed period;
(b)withdraw the pyrotechnic article within a prescribed period; or
(c)recall the pyrotechnic article within a prescribed period.
(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the pyrotechnic article of—
(a)the respect in which the pyrotechnic article is not in conformity with Part 2; and
(b)the actions which the enforcing authority is requiring the relevant economic operator to take.
(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [F191Northern Ireland], it must notify the Secretary of State of—
(a)the results of the evaluation; and
(b)the actions which it has required the economic operator to take.
(4) [F192Subject to paragraph (4A),] where the Secretary of State receives a notice under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F193Northern Ireland], the Secretary of State must inform the European Commission and the other [F194relevant states] of—
(a)the results of the evaluation; and
(b)the actions which the enforcing authority has required the economic operator to take.
[F195(4A) Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.]
(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures to—
(a)prohibit or restrict the pyrotechnic article being made available on the market in [F196Northern Ireland];
(b)withdraw the pyrotechnic article from the [F197market in Northern Ireland]; or
(c)recall the pyrotechnic article.
(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.
(7) Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F198relevant states] of those measures without delay.
(8) The notices in paragraphs (6) and (7) must include details about the pyrotechnic article and, in particular—
(a)the data necessary for the identification of the pyrotechnic article which is not in conformity with Part 2;
(b)the origin of the pyrotechnic article;
(c)the nature of the lack of conformity alleged and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the relevant economic operator; and
(f)whether the lack of conformity is due to either of the following—
(i)failure of the pyrotechnic article to meet requirements relating to a risk;
(ii)shortcomings in the harmonised standards referred to in regulation 39 (presumption of conformity) conferring a presumption of conformity.
(9) In this regulation, “prescribed period” means a period which is—
(a)prescribed by the enforcing authority; and
(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.
Extent Information
E87This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F191Words in reg. 57(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(a)
F192Words in reg. 57(4) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(b)(i)
F193Words in reg. 57(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(a)
F194Words in reg. 57(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(b)(ii)
F195Reg. 57(4A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(c)
F196Words in reg. 57(5)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(a)
F197Words in reg. 57(5)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(d)
F198Words in reg. 57(7) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(e)
[F8658.—(1) Where another [F87relevant state] has initiated the procedure under Article 39 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State of—
(a)any measures taken by the enforcing authority in respect of the pyrotechnic article; and
(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the pyrotechnic article.
(2) Where another [F88relevant state] has initiated the procedure under Article 39 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F89relevant states] of—
(a)any measures taken by an enforcing authority in respect of the pyrotechnic article;
(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the pyrotechnic [F90article.]
F91(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where a measure taken by another [F92relevant state] in respect of a pyrotechnic article is considered justified under Article 39(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken [F93in Northern Ireland] in respect of the pyrotechnic article without delay.
(4) Where a measure taken by another [F94relevant state] in respect of a pyrotechnic article is considered justified by the European Commission under Article 40(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the pyrotechnic article is withdrawn from the [F95market in Northern Ireland].
(5) Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.
(6) Where the Secretary of State receives a notice under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F96in respect of Northern Ireland].
(7) If a measure taken by an enforcing authority pursuant to regulation 57 is considered unjustified by the European Commission under Article 40(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F97in respect of Northern Ireland].]
Textual Amendments
F86Reg. 58 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 30 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F87Words in reg. 58(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(a)
F88Words in reg. 58(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(i)
F89Words in reg. 58(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(ii)
F90Word in reg. 58(2)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(iii)
F91Reg. 58(2)(c) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(iv)
F92Words in reg. 58(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(c)(i)
F93Words in reg. 58(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(c)(ii)
F94Words in reg. 58(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(d)(i)
F95Words in reg. 58(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(d)(ii)
F96Words in reg. 58(6) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(e)
F97Words in reg. 58(7) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(e)
59.—(1) Where, having carried out an evaluation under regulation 56, an enforcing authority finds that although a pyrotechnic article is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—
(a)ensure that the pyrotechnic article concerned, when placed on the market, no longer presents a risk;
(b)withdraw the pyrotechnic article within a prescribed period; or
(c)recall the pyrotechnic article within a prescribed period.
(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.
F98(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The [F99notice referred to in paragraph (2)] must include details about the pyrotechnic article and, in particular—
(a)the data necessary for the identification of the pyrotechnic article concerned;
(b)the origin and the supply chain of the pyrotechnic article;
(c)the nature of the risk involved; and
(d)the nature and duration of the measures taken by the enforcing authority.
(5) In this regulation, “prescribed period” means a period which is—
(a)prescribed by the enforcing authority; and
(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.
Extent Information
E34This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F98Reg. 59(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 31(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F99Words in reg. 59(4) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 31(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
59.—(1) Where, having carried out an evaluation under regulation 56, an enforcing authority finds that although a pyrotechnic article is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures to—
(a)ensure that the pyrotechnic article concerned, when placed on the market, no longer presents a risk;
(b)withdraw the pyrotechnic article within a prescribed period; or
(c)recall the pyrotechnic article within a prescribed period.
(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.
(3) [F199Subject to paragraph (3A),] where the Secretary of State receives a notice under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other [F200relevant states] immediately.
[F201(3A) Paragraph (3) only applies to measures taken in Northern Ireland.]
(4) The notices referred to in paragraphs (2) and (3) must include details about the pyrotechnic article and, in particular—
(a)the data necessary for the identification of the pyrotechnic article concerned;
(b)the origin and the supply chain of the pyrotechnic article;
(c)the nature of the risk involved; and
(d)the nature and duration of the measures taken by the enforcing authority.
(5) In this regulation, “prescribed period” means a period which is—
(a)prescribed by the enforcing authority; and
(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.
Extent Information
E88This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F199Words in reg. 59(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(3)(a)(i)
F200Words in reg. 59(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(3)(a)(ii)
60.—(1) Where an enforcing authority makes one of the following findings relating to a pyrotechnic article, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
(a)the [F100UK] marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 38 (prohibition on improper use of [F100UK] marking) and 42 ([F100UK] marking);
(b)where [F101an approved body] is involved in the production control phase for the pyrotechnic article, the identification number of [F102the approved body]—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulation 42;
(c)the F103... declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 9 (F103... declaration of conformity and [F104UK] marking) and 41 (F103... declaration of conformity);
(d)the technical documentation is either not available or not complete;
(e)the following information that is required to be included in the labelling of the pyrotechnic article is absent, false or incomplete—
(i)the information specified in paragraph 1(a) and (b) of Schedule 3 (labelling: required information); or
(ii)the information specified in regulation 17(1) (information identifying importer); or
(f)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.
(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned.
(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—
(a)restrict or prohibit the pyrotechnic article being made available on the market;
(b)ensure that the pyrotechnic article is withdrawn; or
(c)ensure that the pyrotechnic article is recalled.
(4) This regulation does not apply where a pyrotechnic article presents a risk.
Extent Information
E35This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F100Word in reg. 60(1)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F101Words in reg. 60(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(b)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F102Words in reg. 60(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(b)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F103Word in reg. 60(1)(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F104Word in reg. 60(1)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(c)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
60.—(1) Where an enforcing authority makes one of the following findings relating to a pyrotechnic article, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified period—
(a)the CE marking—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulations 38 (prohibition on improper use of CE marking) and 42 (CE marking);
[F202(aa)the UK(NI) indication—
(i)has not been affixed, in contravention of regulation 42A; or
(ii)has been affixed other than in accordance with regulation 42A;]
(b)where a notified body is involved in the production control phase for the pyrotechnic article, the identification number of the notified body—
(i)has not been affixed; or
(ii)has been affixed otherwise than in accordance with regulation 42;
(c)the EU declaration of conformity—
(i)has not been drawn up; or
(ii)has been drawn up otherwise than in accordance with regulations 9 (EU declaration of conformity and CE marking) and 41 (EU declaration of conformity);
(d)the technical documentation is either not available or not complete;
(e)the following information that is required to be included in the labelling of the pyrotechnic article is absent, false or incomplete—
(i)the information specified in paragraph 1(a) and (b) of Schedule 3 (labelling: required information); or
(ii)the information specified in regulation 17(1) (information identifying importer); or
(f)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.
(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned.
(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures to—
(a)restrict or prohibit the pyrotechnic article being made available on the market;
(b)ensure that the pyrotechnic article is withdrawn; or
(c)ensure that the pyrotechnic article is recalled.
(4) This regulation does not apply where a pyrotechnic article presents a risk.
Extent Information
E89This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
61. When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS [F105(as amended from time to time)] in relation to any measure to—
(a)prohibit or restrict a pyrotechnic article being made available on the market;
(b)withdraw a pyrotechnic article; or
(c)recall a pyrotechnic article.
Textual Amendments
F105Words in reg. 61 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 33 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
62.—(1) It is an offence for a manufacturer to contravene or fail to comply with any requirement of—
(a)regulation 6 (categorisation);
(b)regulation 7 (design and manufacture in accordance with essential safety requirements);
(c)regulation 8 (technical documentation and conformity assessment);
(d)regulation 9 (F106... declaration of conformity and [F107UK marking]);
(e)regulation 10 (retention of technical documentation and F108... declaration of conformity);
(f)regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles);
(g)regulation 12 (labelling of pyrotechnic articles for vehicles);
(h)regulation 13 (compliance procedures for series production);
(i)regulation 20 (traceability);
(j)regulation 21 (monitoring);
(k)regulation 22 (duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity);
(l)regulation 23 (provision of information and cooperation);
(m)regulation 31 (prohibition on making available to persons younger than the minimum age limit);
(n)regulation 32 (prohibition on making available to persons without specialist knowledge);
(o)regulation 33 (prohibitions on making available certain category F2 and F3 fireworks);
(p)regulation 34 (prohibition on making pyrotechnic articles for vehicles available to members of the general public);
(q)regulation 35 (supply of [F109UK] safety data sheet);
(r)regulation 36 (translation of F110... declaration of conformity);
(s)regulation 37 (identification of economic operators);
(t)regulation 38 (prohibition on improper use of [F111UK marking]).
(2) It is an offence for an importer to contravene or fail to comply with any requirement of—
(a)regulation 14 (prohibition on placing on the market pyrotechnic articles which are not in conformity);
(b)regulation 15 (requirements which must be satisfied before an importer places a pyrotechnic article on the market);
(c)regulation 16 (prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements);
(d)regulation 17 (information identifying importer);
(e)regulation 18 (instructions and safety information);
(f)regulation 19 (retention of technical documentation and F112... declaration of conformity);
(g)regulation 20;
(h)regulation 21;
(i)regulation 22;
(j)regulation 23;
(k)regulation 29 (storage and transport);
(l)regulation 31;
(m)regulation 32;
(n)regulation 33;
(o)regulation 34;
(p)regulation 35;
(q)regulation 36;
(r)regulation 37;
(s)regulation 38.
(3) It is an offence for a distributor to contravene or fail to comply with any requirement of—
(a)regulation 24 (duty to act with due care);
(b)regulation 25 (requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market);
(c)regulation 26 (prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements);
(d)regulation 27 (duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity);
(e)regulation 28 (provision of information and cooperation);
(f)regulation 29;
(g)regulation 31;
(h)regulation 32;
(i)regulation 33;
(j)regulation 34;
(k)regulation 35;
(l)regulation 36;
(m)regulation 37;
(n)regulation 38.
(4) It is an offence for a conformity assessment body to fail to comply with regulation 49(5) (changes to notifications).
(5) It is an offence for any person to contravene or fail to comply with any requirement of a notice, other than a compliance notice, served on that person by an enforcing authority under these Regulations.
(6) It is an offence for any person—
(a)intentionally to obstruct—
(i)an enforcing authority (or officer of such authority) acting in pursuance of its powers and duties under these Regulations or Article 19 of RAMS F113...;
(ii)a customs officer facilitating the action of an enforcing authority under these Regulations; or
(b)knowingly or recklessly to provide any statement, information, document or record which is false or misleading in a material respect in purported compliance with any requirement of these Regulations or Article 19 of RAMS F113....
(7) It is an offence for a person who is not authorised to act on behalf of an enforcing authority to purport to exercise any of the powers of the enforcing authority under these Regulations or RAMS.
Textual Amendments
F106Word in reg. 62(1)(d) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F107Words in reg. 62(1)(d) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F108Word in reg. 62(1)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F109Word in reg. 62(1)(q) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(iii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F110Word in reg. 62(1)(r) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F111Words in reg. 62(1)(t) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F112Word in reg. 62(2)(f) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F113Words in reg. 62(6) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
62.—(1) It is an offence for a manufacturer to contravene or fail to comply with any requirement of—
(a)regulation 6 (categorisation);
(b)regulation 7 (design and manufacture in accordance with essential safety requirements);
(c)regulation 8 (technical documentation and conformity assessment);
(d)regulation 9 (EU declaration of conformity and CE marking);
(e)regulation 10 (retention of technical documentation and EU declaration of conformity);
(f)regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles);
(g)regulation 12 (labelling of pyrotechnic articles for vehicles);
(h)regulation 13 (compliance procedures for series production);
(i)regulation 20 (traceability);
(j)regulation 21 (monitoring);
(k)regulation 22 (duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity);
(l)regulation 23 (provision of information and cooperation);
(m)regulation 31 (prohibition on making available to persons younger than the minimum age limit);
(n)regulation 32 (prohibition on making available to persons without specialist knowledge);
(o)regulation 33 (prohibitions on making available certain category F2 and F3 fireworks);
(p)regulation 34 (prohibition on making pyrotechnic articles for vehicles available to members of the general public);
(q)regulation 35 (supply of safety data sheet);
(r)regulation 36 (translation of EU declaration of conformity);
(s)regulation 37 (identification of economic operators);
(t)regulation 38 (prohibition on improper use of CE marking).
(2) It is an offence for an importer to contravene or fail to comply with any requirement of—
(a)regulation 14 (prohibition on placing on the market pyrotechnic articles which are not in conformity);
(b)regulation 15 (requirements which must be satisfied before an importer places a pyrotechnic article on the market);
(c)regulation 16 (prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements);
(d)regulation 17 (information identifying importer);
(e)regulation 18 (instructions and safety information);
(f)regulation 19 (retention of technical documentation and EU declaration of conformity);
(g)regulation 20;
(h)regulation 21;
(i)regulation 22;
(j)regulation 23;
(k)regulation 29 (storage and transport);
(l)regulation 31;
(m)regulation 32;
(n)regulation 33;
(o)regulation 34;
(p)regulation 35;
(q)regulation 36;
(r)regulation 37;
(s)regulation 38.
(3) It is an offence for a distributor to contravene or fail to comply with any requirement of—
(a)regulation 24 (duty to act with due care);
(b)regulation 25 (requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market);
(c)regulation 26 (prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements);
(d)regulation 27 (duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity);
(e)regulation 28 (provision of information and cooperation);
(f)regulation 29;
(g)regulation 31;
(h)regulation 32;
(i)regulation 33;
(j)regulation 34;
(k)regulation 35;
(l)regulation 36;
(m)regulation 37;
(n)regulation 38.
(4) It is an offence for a conformity assessment body to fail to comply with regulation 49(5) (changes to notifications).
(5) It is an offence for any person to contravene or fail to comply with any requirement of a notice, other than a compliance notice, served on that person by an enforcing authority under these Regulations.
(6) It is an offence for any person—
(a)intentionally to obstruct—
(i)an enforcing authority (or officer of such authority) acting in pursuance of its powers and duties under these Regulations or Article 19 of RAMS (as amended from time to time);
(ii)a customs officer facilitating the action of an enforcing authority under these Regulations; or
(b)knowingly or recklessly to provide any statement, information, document or record which is false or misleading in a material respect in purported compliance with any requirement of these Regulations or Article 19 of RAMS (as amended from time to time).
(7) It is an offence for a person who is not authorised to act on behalf of an enforcing authority to purport to exercise any of the powers of the enforcing authority under these Regulations or RAMS.
63.—(1) A person guilty of an offence under regulation 62 in respect of a category F1 firework, a category F2 firework, or a category F3 firework is liable on summary conviction—
(a)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;
(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.
(2) A person guilty of an offence under regulation 62 in respect of a pyrotechnic article to which paragraph (1) does not apply is liable—
(a)on summary conviction—
(i)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;
(ii)in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 3 months or to both;
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or to both.
Extent Information
E36This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
63.—(1) A person guilty of an offence under regulation 62 in respect of a category F1 firework, a category F2 firework, or a category F3 firework is liable on summary conviction—
(a)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;
(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.
(2) [F203Except as provided in paragraph (3),] a person guilty of an offence under regulation 62 in respect of a pyrotechnic article to which paragraph (1) does not apply is liable—
(a)on summary conviction—
(i)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;
(ii)in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 3 months or to both;
(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or to both.
[F204(3) A person guilty of an offence under regulation 62(5) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.]
Extent Information
E90This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F203Words in reg. 63(2) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(5)(a)
64.—(1) Subject to paragraph (2), (4) and (6), in proceedings for an offence under regulation 62, it is a defence for a person (“P”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P has—
(a)served a notice in accordance with paragraph (3); or
(b)obtained the leave of the court.
(3) The notice must—
(a)give any information in P's possession which identifies or assists in identifying the person who—
(i)committed the act or default; or
(ii)supplied the information on which P relied.
(b)be served on the person bringing the proceedings not less than 7 clear days before—
(i)in England, Wales and Northern Ireland, the hearing of the proceedings;
(ii)in Scotland, the trial diet.
(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particular—
(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)to whether P had any reason to disbelieve the information.
(5) In this regulation, “third party allegation” means an allegation that the commission of the offence was due—
(a)to the act or default of another person; or
(b)to reliance on information supplied by another person.
(6) This regulation does not apply in respect of proceedings for offences under regulation 62(6).
65.—(1) Where the commission of an offence by one person (“A”) under regulation 62 is due to anything which another person (“B”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.
(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—
(a)with the consent or connivance of the relevant person; or
(b)as a result of the negligence of the relevant person.
(3) In paragraph (2), “relevant person” means—
(a)a director, manager, secretary or other similar officer of the body corporate;
(b)in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;
(c)in relation to a Scottish partnership, a partner; or
(d)a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).
66.—(1) Subject to paragraph (4), in England and Wales, an information relating to an offence under regulation 62 that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
(2) Subject to paragraph (4), in Scotland—
(a)summary proceedings for an offence under regulation 62 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge; and
(b)section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
(3) Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 62 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
(4) No proceedings may be brought more than 3 years after the commission of the offence.
(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraphs (1), (2) or (3) came to light, is conclusive evidence.
(6) This regulation has effect subject to paragraphs 1(o) and 2(n) of Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act).
67.—(1) Any document required or authorised by these Regulations to be served on a person may be served by—
(a)delivering it to that person in person;
(b)leaving it at that person's proper address; or
(c)sending it by post or electronic means to that person's proper address.
(2) In the case of a body corporate, a document may be served on a director of that body.
(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.
(4) For the purposes of this regulation, “proper address” means—
(a)in the case of a body corporate or its director—
(i)the registered or principal office of that body; or
(ii)the email address of the secretary or clerk of that body;
(b)in the case of a partnership, a partner or person having control or management of the partnership business—
(i)the principal office of the partnership; or
(ii)the email address of a partner or person having that control or management;
(c)in any other case, a person's last known address, which includes an email address.
(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.
(6) In this regulation, “partnership” includes a Scottish partnership.
68.—(1) This regulation applies where a person commits an offence under regulation 62.
(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.
69.—(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and either—
(a)the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or
(b)the economic operator on whom such a notice has been served has failed to comply with it.
(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.
(3) A civil debt recoverable under paragraph (2) may be recovered summarily—
(a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980;
(b)in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981.
70.—(1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be made—
(a)by the economic operator on whom the notice has been served; and
(b)in the case of a notice other than a recall notice, by a person having an interest in the pyrotechnic article in respect of which the notice has been served.
(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.
(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfied—
(a)that the pyrotechnic article to which the notice relates is in conformity with Part 2 and does not present a risk; or
(b)that the enforcing authority failed to comply with regulation 55 (exercise of enforcement powers) when serving the notice.
(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.
(5) In this regulation—
(a)the “appropriate court” is to be determined in accordance with regulation 71 (appropriate court for appeals against notices); and
(b)“notice” means any of the following—
(i)a prohibition notice served in accordance with Schedule 7 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act);
(ii)a notice to warn served in accordance with Schedule 7;
(iii)a suspension notice served in accordance with Schedule 7;
(iv)a compliance notice served in accordance with Schedule 9 (compliance, withdrawal and recall notices);
(v)a withdrawal notice served in accordance with Schedule 9;
(vi)a recall notice served in accordance with Schedule 9.
71.—(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 70 is—
(a)the court in which proceedings have been brought in relation to the pyrotechnic article for an offence under regulation 62 (offences);
(b)an employment tribunal seized of appeal proceedings against a notice which relates to the pyrotechnic article and which has been served under or by virtue of paragraph 1 of Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act); or
(c)in any other case, a magistrates' court.
(2) In Scotland, the appropriate court for the purposes of regulation 70 is—
(a)the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office; or
(b)an employment tribunal seized of appeal proceedings against a notice which relates to the pyrotechnic article and which has been served under or by virtue of paragraph 1 of Schedule 8.
(3) A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 70, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a)in England and Wales, to the Crown Court;
(b)in Northern Ireland, to the county court.
72.—(1) Where an enforcing authority serves a relevant notice in respect of a pyrotechnic article, the enforcing authority is liable to pay compensation to a person having an interest in the pyrotechnic article for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.
(2) The conditions are that—
(a)the pyrotechnic article in respect of which the relevant notice was served neither—
(i)presents a risk; nor
(ii)contravenes any requirement of these Regulations; and
(b)the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.
(3) In this regulation, “relevant notice” means—
(a)in respect of the Health and Safety Executive, a withdrawal notice served in accordance with paragraph 2 of Schedule 9;
(b)in respect of any other enforcing authority—
(i)a suspension notice served in accordance with Schedule 7;
(ii)a withdrawal notice served in accordance with paragraph 2 of Schedule 9; or
(iii)a recall notice served in accordance with paragraph 3 of Schedule 9.
73.—(1) The Secretary of State must from time to time—
(a)carry out a review of these Regulations;
(b)set out the conclusions of the review in a report; and
(c)publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.
(3) The report must, in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.
(4) The first report under this regulation must be published no later than 5 years after the commencement date.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.
Extent Information
E37This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
73.—(1) The Secretary of State must from time to time—
(a)carry out a review of these Regulations;
(b)set out the conclusions of the review in a report; and
(c)publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other [F205relevant states].
(3) The report must, in particular—
(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;
(b)assess the extent to which those objectives are achieved; and
(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.
(4) The first report under this regulation must be published no later than 5 years after the commencement date.
(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.
Extent Information
E91This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F205Words in reg. 73(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 6(1)
74.—(1) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010 and which is of one of the following categories—
(a)a category F1 firework;
(b)a category F2 firework; or
(c)a category F3 firework.
(2) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013 and which is of one of the following categories—
(a)a category F4 firework;
(b)a category T1 theatrical pyrotechnic article;
(c)a category T2 theatrical pyrotechnic article;
(d)a category P1 other pyrotechnic article; or
(e)a category P2 other pyrotechnic article.
(3) On 5th July 2017 the following provisions cease to have effect—
(a)paragraph (1); and
(b)paragraph (2), except to the extent that it applies to a pyrotechnic article for a vehicle (including as spare parts).
(4) The following regulations apply to pyrotechnic articles falling within paragraphs (1) and (2)—
(a)regulation 31 (prohibition on making available to persons younger than the minimum age limit);
(b)regulation 32 (prohibition on making available to persons without specialist knowledge); or
(c)regulation 33 (prohibition on making available certain category F2 or category F3 fireworks).
(5) For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body under regulation 44(1) of the 2010 Regulations, or any enactment of [F114a] member State which implemented the 2007 Directive, is to be treated as a certificate issued or approval granted under Annex II to the Directive.
(6) In this regulation, “2007 Directive” means Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles M15.
Extent Information
E38This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F114Word in reg. 74(5) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 35 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M15OJ L 154, 14.6.2007, p. 1.
74.—(1) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010 and which is of one of the following categories—
(a)a category F1 firework;
(b)a category F2 firework; or
(c)a category F3 firework.
(2) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013 and which is of one of the following categories—
(a)a category F4 firework;
(b)a category T1 theatrical pyrotechnic article;
(c)a category T2 theatrical pyrotechnic article;
(d)a category P1 other pyrotechnic article; or
(e)a category P2 other pyrotechnic article.
(3) On 5th July 2017 the following provisions cease to have effect—
(a)paragraph (1); and
(b)paragraph (2), except to the extent that it applies to a pyrotechnic article for a vehicle (including as spare parts).
(4) The following regulations apply to pyrotechnic articles falling within paragraphs (1) and (2)—
(a)regulation 31 (prohibition on making available to persons younger than the minimum age limit);
(b)regulation 32 (prohibition on making available to persons without specialist knowledge); or
(c)regulation 33 (prohibition on making available certain category F2 or category F3 fireworks).
(5) For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body under regulation 44(1) of the 2010 Regulations, or any enactment of another [F206relevant state] which implemented the 2007 Directive, is to be treated as a certificate issued or approval granted under Annex II to the Directive.
(6) In this regulation, “2007 Directive” means Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles F207.
Extent Information
E92This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F206Words in reg. 74(5) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 6(2)
F207OJ L 154, 14.6.2007, p. 1.
74A.—(1) In this regulation—
“pre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day; and
“product” means a pyrotechnic article to which these Regulations apply.
(2) Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 19 to the Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019 any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.
(3) Paragraph (2) does not apply to—
(a)any obligation of any enforcing authority to inform the European Commission or the member state of any matter;
(b)any obligation to take action outside the market in respect of that product.
(4) Where during the pre-exit period—
(a)a product has not been placed on the market; and
(b)a manufacturer has taken any action under regulation 40 as it had effect immediately before IP completion day in relation to that product,
that action has effect as if it had been done under regulation 40 as it had effect on and after IP completion day.
[F116(5) Subject to paragraph (6), where before 11pm on 31st December 2024—
(a)a product has not been placed on the market; and
(b)a manufacturer has taken any action under the conformity assessment procedure that applies to that product in accordance with Article 17 of the Directive
that action has effect as if it had been done under the applicable conformity assessment procedure referred to in regulation 40.
(6) Paragraph (5) does not apply—
(a)after the expiry of the validity of any certificate issued pursuant to the applicable conformity assessment procedure; and
(b)in any event, after 31st December 2027.]]
Textual Amendments
F115Reg. 74A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 36 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(v)); 2020 c. 1, Sch. 5 para. 1(1)
75.—(1) Subject to paragraph (2), the 2010 Regulations and the Pyrotechnic Articles (Safety)(Amendment) Regulations 2013 M16 are revoked.
(2) [F117Subject to the modifications made to the 2010 Regulations in paragraph (2A), the] enactments referred to in paragraph (1) continue to apply, as if they had not been revoked, to—
(a)an article placed on the market before the commencement date;
(b)a pyrotechnic article to which regulation 74(1) or (2) applies.
[F118(2A) The modifications referred to in paragraph (2) are as follows—
(a)in regulations 18(3) and 36(3), for “EU” substitute “ UK ”;
(b)in regulation 13, omit paragraph (4);
(c)in regulation 19—
(i)omit paragraphs (9) and (11); and
(ii)for paragraph (10) substitute—
“(10) Where the Secretary of State has sufficient reason to believe that a category 1,2 or 3 firework presents a serious risk to the health or safety of persons in the UK, the Secretary of State shall perform an appropriate evaluation.”
(d)in regulation 30 omit paragraph (4);
(e)in regulation 37—
(i)omit paragraphs (10) and (12); and
(ii)for paragraph (11) substitute—
“(11) Where the Secretary of State has sufficient reason to believe that a pyrotechnic article presents a serious risk to the health or safety of persons in the UK, the Secretary of State shall perform an appropriate evaluation.”.]
(3) In section 31 of the Explosives Act 1875 M17, for subsections (2) to (5), substitute—
“(2) Subsection (1) does not apply to—
(a)pyrotechnic articles within the meaning set out in regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015; or
(b)percussion caps intended specifically for toys within the meaning set out in regulation 4(2) of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).”.
(4) Paragraph (3) of this regulation, and regulation 49(1) of the 2010 Regulations, cease to have effect when the repeal of section 31 of the Explosives Act 1875 (by section 15 of, and the Schedule to, the Fireworks Act 2003 M18) comes into force.
(5) The Fireworks Regulations 2004 M19 are amended as set out in Schedule 10 (consequential amendments to the Fireworks Regulations 2004).
(6) The Explosives (Fireworks) Regulations (Northern Ireland) 2002 M20 are amended as set out in Schedule 11 (consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002).
Extent Information
E39This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F117Words in reg. 75(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 37(2) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F118Reg. 75(2A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 37(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M171875 c.17; section 31(2) to (5) was inserted by S.I. 2010/1554.
M19S.I. 2004/1836; amended by the Commissioners for Revenue and Customs Act 2005, section 50, S.I. 2004/3262 and 2010/1554.
M20S.R. (N.I.) 2002 No. 147; amended by S.I. 2010/1554.
75.—(1) Subject to paragraph (2), the 2010 Regulations and the Pyrotechnic Articles (Safety)(Amendment) Regulations 2013 F208 are revoked.
(2) The enactments referred to in paragraph (1) continue to apply, as if they had not been revoked, to—
(a)an article placed on the market before the commencement date;
(b)a pyrotechnic article to which regulation 74(1) or (2) applies.
(3) In section 31 of the Explosives Act 1875 F209, for subsections (2) to (5), substitute—
“(2) Subsection (1) does not apply to—
(a)pyrotechnic articles within the meaning set out in regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015; or
(b)percussion caps intended specifically for toys within the meaning set out in regulation 4(2) of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).”.
(4) Paragraph (3) of this regulation, and regulation 49(1) of the 2010 Regulations, cease to have effect when the repeal of section 31 of the Explosives Act 1875 (by section 15 of, and the Schedule to, the Fireworks Act 2003 F210) comes into force.
(5) The Fireworks Regulations 2004 F211 are amended as set out in Schedule 10 (consequential amendments to the Fireworks Regulations 2004).
(6) The Explosives (Fireworks) Regulations (Northern Ireland) 2002 F212 are amended as set out in Schedule 11 (consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002).
Extent Information
E93This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F2091875 c.17; section 31(2) to (5) was inserted by S.I. 2010/1554.
F211S.I. 2004/1836; amended by the Commissioners for Revenue and Customs Act 2005, section 50, S.I. 2004/3262 and 2010/1554.
F212S.R. (N.I.) 2002 No. 147; amended by S.I. 2010/1554.
Anna Soubry
Minister of State for Small Business, Industry and Enterprise
Department for Business, Innovation and Skills
Regulation 2(1)
1. Category F1 fireworks are fireworks which present a very low hazard and negligible noise level and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings.
2. Category F2 fireworks are fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas.U.K.
3. Category F3 fireworks are fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health.U.K.
4. Category F4 fireworks are fireworks which present a high hazard, which are intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.U.K.
5. Category T1 theatrical pyrotechnic articles are theatrical pyrotechnic articles which present a low hazard.
6. Category T2 theatrical pyrotechnic articles are theatrical pyrotechnic articles which are intended for use only by persons with specialist knowledge.U.K.
7. Category P1 other pyrotechnic articles are pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which present a low hazard.
8. Category P2 other pyrotechnic articles are pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which are intended for handling or use only by persons with specialist knowledge.U.K.
Regulation 2(1)
1.—(1) Each pyrotechnic article must attain the performance characteristics specified by the manufacturer to the [F119approved] body in order to ensure maximum safety and reliability.E+W+S
(2) Each pyrotechnic article must be designed and manufactured in such a way that it can be disposed of safely by a suitable process with minimum effect on the environment.
(3) Each pyrotechnic article must function correctly when used for its intended purpose.
(4) Each pyrotechnic article must be tested under realistic conditions.
(5) If it is not possible to meet the requirement in sub-paragraph (4) in a laboratory, the tests must be carried out in the conditions in which the pyrotechnic article is to be used.
(6) The following information and properties, where applicable, must be considered or tested—
(a)design, construction and characteristic properties, including detailed chemical composition (mass and percentage of substances used) and dimensions;
(b)the physical and chemical stability of the pyrotechnic article in all normal, foreseeable environmental conditions;
(c)sensitivity to normal, foreseeable handling and transportation;
(d)compatibility of all components as regards their chemical stability;
(e)resistance of the pyrotechnic article to moisture where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by moisture;
(f)resistance to low and high temperatures, where the article is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the pyrotechnic articles as a whole;
(g)safety features intended to prevent untimely or inadvertent initiation or ignition;
(h)suitable instructions and, where necessary, markings in respect of safe handling, storage, use (including safety distances) and disposal;
(i)the ability of the pyrotechnic article, its wrapping or other components to withstand deterioration under normal, foreseeable storage conditions;
(j)specification of all devices and accessories needed and operating instructions for safe functioning of the pyrotechnic article.
(7) During transportation and normal handling, unless specified by the manufacturer's instructions, the pyrotechnic article must contain the pyrotechnic composition.
(8) Pyrotechnic articles must not contain detonative explosives other than black powder and flash composition, except for pyrotechnic articles of categories P1, P2, T2 and fireworks of category F4 meeting the following conditions—
(a)the detonative explosive cannot be easily extracted from the pyrotechnic article;
(b)for category P1, the pyrotechnic article cannot function in a detonative manner, or cannot, as designed and manufactured, initiate secondary explosives;
(c)for categories F4, T2 and P2, the pyrotechnic article is designed and intended not to function in a detonative manner, or if designed to detonate, it cannot as designed and manufactured initiate secondary explosives.
(9) The various groups of pyrotechnic articles must at least also comply with the following requirements.
Extent Information
E40This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F119Word in Sch. 2 para. 1(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 38 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1.—(1) Each pyrotechnic article must attain the performance characteristics specified by the manufacturer to the notified body in order to ensure maximum safety and reliability.N.I.
(2) Each pyrotechnic article must be designed and manufactured in such a way that it can be disposed of safely by a suitable process with minimum effect on the environment.
(3) Each pyrotechnic article must function correctly when used for its intended purpose.
(4) Each pyrotechnic article must be tested under realistic conditions.
(5) If it is not possible to meet the requirement in sub-paragraph (4) in a laboratory, the tests must be carried out in the conditions in which the pyrotechnic article is to be used.
(6) The following information and properties, where applicable, must be considered or tested—
(a)design, construction and characteristic properties, including detailed chemical composition (mass and percentage of substances used) and dimensions;
(b)the physical and chemical stability of the pyrotechnic article in all normal, foreseeable environmental conditions;
(c)sensitivity to normal, foreseeable handling and transportation;
(d)compatibility of all components as regards their chemical stability;
(e)resistance of the pyrotechnic article to moisture where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by moisture;
(f)resistance to low and high temperatures, where the article is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the pyrotechnic articles as a whole;
(g)safety features intended to prevent untimely or inadvertent initiation or ignition;
(h)suitable instructions and, where necessary, markings in respect of safe handling, storage, use (including safety distances) and disposal;
(i)the ability of the pyrotechnic article, its wrapping or other components to withstand deterioration under normal, foreseeable storage conditions;
(j)specification of all devices and accessories needed and operating instructions for safe functioning of the pyrotechnic article.
(7) During transportation and normal handling, unless specified by the manufacturer's instructions, the pyrotechnic article must contain the pyrotechnic composition.
(8) Pyrotechnic articles must not contain detonative explosives other than black powder and flash composition, except for pyrotechnic articles of categories P1, P2, T2 and fireworks of category F4 meeting the following conditions—
(a)the detonative explosive cannot be easily extracted from the pyrotechnic article;
(b)for category P1, the pyrotechnic article cannot function in a detonative manner, or cannot, as designed and manufactured, initiate secondary explosives;
(c)for categories F4, T2 and P2, the pyrotechnic article is designed and intended not to function in a detonative manner, or if designed to detonate, it cannot as designed and manufactured initiate secondary explosives.
(9) The various groups of pyrotechnic articles must at least also comply with the following requirements.
Extent Information
E94This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
2.—(1) The manufacturer must assign fireworks to different categories according to regulation 6 (categorisation), characterised by net explosive content, safety distances, noise level, or similar. The category must be indicated on the label.
(2) For category F1 fireworks, the following conditions must be met—
(i)the safety distance must be at least 1 metre. However, where appropriate the safety distance may be less;
(ii)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance;
(iii)the category must not comprise bangers, banger batteries, flash bangers and flash banger batteries;
(iv)throwdowns must not contain more than 2.5 mg silver fulminate.
(3) For category F2 fireworks, the following conditions must be met—
(i)the safety distance must be at least 8 metres. However, where appropriate the safety distance may be less;
(ii)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance.
(4) For category F3 fireworks, the following conditions must be met—
(i)the safety distance must be at least 15 metres. However, where appropriate the safety distance may be less;
(ii)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance.
(5) Fireworks may only be constructed of materials which minimise risk to health, property and the environment from debris.
(6) The method of ignition must be clearly visible or must be indicated by labelling or instructions.
(7) Fireworks must not move in an erratic and unforeseeable manner.
(8) Category F1 fireworks, category F2 fireworks and category F3 fireworks must be protected against inadvertent ignition either by a protective cover, by the packaging or by the construction of the pyrotechnic article.
(9) Category F4 fireworks must be protected against inadvertent ignition by methods specified by the manufacturer.
3.—(1) Pyrotechnic articles must be designed in such a way as to minimise risk to health, property and the environment during normal use.
(2) The method of ignition must be clearly visible or must be indicated by labelling or instructions.
(3) The pyrotechnic article must be designed in such a way as to minimise risk to health, property and the environment from debris when initiated inadvertently.
(4) Where appropriate, the pyrotechnic article must function properly until the “use by” date specified by the manufacturer.
4.—(1) Ignition devices must be capable of being reliably initiated and be of sufficient initiation capability under all normal, foreseeable conditions of use.
(2) Ignition devices must be protected against electrostatic discharge under normal, foreseeable conditions of storage and use.
(3) Electric igniters must be protected against electromagnetic fields under normal, foreseeable conditions of storage and use.
(4) The covering of fuses must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal, foreseeable mechanical stress.
(5) The parameters for the burning times of fuses must be provided with the pyrotechnic article.
(6) The electrical characteristics of electric igniters must be provided with the pyrotechnic article.
(7) The wires of electric igniters must be sufficiently insulated and must be of sufficient mechanical strength, including the solidity of the link to the igniter, taking account of their intended use.
Regulations 2(3), 8, 40(a), 41(b), 48(3)(a)
Textual Amendments
F120Sch. 2A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 39 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1. Type examination is the part of a conformity assessment procedure in which an approved body examines the technical design of a pyrotechnic article and verifies and attests that the technical design of the pyrotechnic article meets the requirements of these Regulations that apply to it.E+W+S
2. Type examination shall be carried out as an assessment of the adequacy of the technical design of the pyrotechnic article through examination of the technical documentation and supporting evidence referred to in point 3, plus examination of a specimen, representative of the production envisaged, of the complete product (combination of production type and design type).E+W+S
3. The manufacturer shall lodge an application for a Type examination with a single approved body of his choice.E+W+S
The application shall include:
(a)the name and address of the manufacturer;
(b)a written declaration that the same application has not been lodged with any other approved body;
(c)the technical documentation. The technical documentation shall make it possible to assess the pyrotechnic article's conformity with the applicable requirements of these Regulations and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the pyrotechnic article. The technical documentation shall contain, wherever applicable, at least the following elements:
(i)a general description of the pyrotechnic article;
(ii)conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;
(iii)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;
(iv)a list of the designated standards applied in full or in part and, where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of these Regulations including a list of other relevant technical specifications applied. In the case of partly applied designated standards, the technical documentation shall specify the parts which have been applied;
(v)results of design calculations made, examinations carried out, etc.;
(vi)test reports;
(d)the specimens representative of the production envisaged. The approved body may request further specimens if needed for carrying out the test programme;
(e)the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant designated standards have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility.
4. The approved body shall:E+W+S
For the pyrotechnic article:
4.1. Examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the pyrotechnic article.E+W+S
For the specimen(s):
4.2. Verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant designated standards, as well as the elements which have been designed in accordance with other relevant technical specifications;E+W+S
4.3. Carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards, these have been applied correctly;E+W+S
4.4. Carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant designated standards have not been applied, the solutions adopted by the manufacturer, including those in other relevant technical specifications applied, meet the corresponding essential safety requirements of these Regulations;E+W+S
4.5. Agree with the manufacturer on a location where the examinations and tests will be carried out.E+W+S
5. The approved body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations vis-à vis the Secretary of State, the approved body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.E+W+S
6. Where the type meets the requirements of these Regulations that apply to the pyrotechnic article concerned, the approved body shall issue a Type examination certificate to the manufacturer. That certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the conditions (if any) for its validity and the necessary data for identification of the approved type. The Type examination certificate may have one or more annexes attached.E+W+S
The Type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured pyrotechnic articles with the examined type to be evaluated and to allow for in-service control.
Where the type does not satisfy the applicable requirements of these Regulations, the approved body shall refuse to issue a Type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.
7. The approved body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and shall determine whether such changes require further investigation. If so, the approved body shall inform the manufacturer accordingly.E+W+S
The manufacturer shall inform the approved body that holds the technical documentation relating to the Type examination certificate of all modifications to the approved type that may affect the conformity of the pyrotechnic article with the essential safety requirements of these Regulations or the conditions for validity of that certificate. Such modifications shall require additional approval in the form of an addition to the original Type examination certificate.
8. Each approved body shall inform the Secretary of State concerning the Type examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.E+W+S
Each approved body shall inform the other approved bodies concerning the Type examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and/or additions thereto which it has issued.
The Secretary of State and other approved bodies may, on request, obtain a copy of the Type examination certificates and/or additions thereto. On request the Secretary of State may obtain a copy of the technical documentation and the results of the examinations carried out by the approved body. The approved body shall keep a copy of the Type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.
9. The manufacturer shall keep a copy of the Type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.E+W+S
1. Conformity to type based on internal production control plus supervised product checks at random intervals is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.E+W+S
2. ManufacturingE+W+S
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic articles with the type described in the Type examination certificate and with the requirements of these Regulations that apply to them.
3. Product checksE+W+S
An approved body, chosen by the manufacturer, shall carry out product checks or have them carried out at random intervals determined by the body, in order to verify the quality of the internal checks on the pyrotechnic article, taking into account, inter alia, the technological complexity of the pyrotechnic articles and the quantity of production. An adequate sample of the final products, taken on site by the approved body before the placing on the market, shall be examined and appropriate tests as identified by the relevant parts of the designated standards and/or equivalent tests set out in other relevant technical specifications, shall be carried out to check the conformity of the pyrotechnic article with the type described in the Type examination certificate and with the relevant requirements of these Regulations. Where a sample does not conform to the acceptable quality level, the body shall take appropriate measures.
The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the pyrotechnic article performs within acceptable limits, with a view to ensuring conformity of the pyrotechnic article.
The manufacturer shall, under the responsibility of the approved body, affix the approved body's identification number during the manufacturing process.
4. UK marking and declaration of conformityE+W+S
4.1. The manufacturer shall affix the UK marking to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.E+W+S
4.2. The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.E+W+S
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
1. Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.E+W+S
2. ManufacturingE+W+S
The manufacturer shall operate an approved quality system for production, final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.
3. Quality systemE+W+S
3.1. The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.E+W+S
The application shall include:
(a)the name and address of the manufacturer;
(b)a written declaration that the same application has not been lodged with any other approved body;
(c)all relevant information for the pyrotechnic article category envisaged;
(d)the documentation concerning the quality system;
(e)the technical documentation of the approved type and a copy of the Type examination certificate.
3.2. The quality system shall ensure that the pyrotechnic articles are in conformity with the type described in the Type examination certificate and comply with the requirements of these Regulations that apply to them.E+W+S
All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.
It shall, in particular, contain an adequate description of:
(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;
(b)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;
(c)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;
(d)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.; and
(e)the means of monitoring the achievement of the required product quality and the effective operation of the quality system.
3.3. The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.E+W+S
It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.
In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in point 3.1(e) to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.
The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.E+W+S
3.5. The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.E+W+S
The approved body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.
It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
4. Surveillance under the responsibility of the approved bodyE+W+S
4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.E+W+S
4.2. The manufacturer shall, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:E+W+S
(a)the quality system documentation;
(b)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.
4.3. The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.E+W+S
4.4. In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.E+W+S
5. UK marking and declaration of conformityE+W+S
5.1. The manufacturer shall affix the UK marking, and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.E+W+S
5.2. The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.E+W+S
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
6. The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:E+W+S
(a)the documentation referred to in point 3.1;
(b)the information relating to the change referred to in point 3.5, as approved;
(c)the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.
7. Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.E+W+S
Each approved body shall inform the other approved bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.
1. Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.E+W+S
2. ManufacturingE+W+S
The manufacturer shall operate an approved quality system for final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.
3. Quality systemE+W+S
3.1. The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.E+W+S
The application shall include the following information:
(a)the name and address of the manufacturer;
(b)a written declaration that the same application has not been lodged with any other approved body;
(c)all relevant information for the pyrotechnic article category envisaged;
(d)the documentation concerning the quality system;
(e)the technical documentation of the approved type and a copy of the Type examination certificate.
3.2. The quality system shall ensure compliance of the pyrotechnic articles with the type described in the Type examination certificate and with the applicable requirements of these Regulations.E+W+S
All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.
It shall, in particular, contain an adequate description of:
(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;
(b)the examinations and tests that will be carried out after manufacture;
(c)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.;
(d)the means of monitoring the effective operation of the quality system.
3.3. The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.E+W+S
It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.
In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in point 3.1(e), in order to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.
The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.E+W+S
3.5. The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.E+W+S
The approved body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.
It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
4. Surveillance under the responsibility of the approved bodyE+W+S
4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.E+W+S
4.2. The manufacturer shall, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:E+W+S
(a)the quality system documentation;
(b)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.
4.3. The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.E+W+S
4.4. In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.E+W+S
5. UK marking and declaration of conformityE+W+S
5.1. The manufacturer shall affix the UK marking, and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.E+W+S
5.2. The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.E+W+S
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
6. The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:E+W+S
(a)the documentation referred to in point 3.1;
(b)the information relating to the change referred to in point 3.5, as approved;
(c)the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.
7. Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.E+W+S
Each approved body shall inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.
1. Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 5, and ensures and declares on his sole responsibility that the pyrotechnic article concerned, which has been subject to the provisions of point 4, is in conformity with the requirements of these Regulations that apply to it.E+W+S
2. Technical documentationE+W+S
The manufacturer shall establish the technical documentation and make it available to the approved body referred to in point 4. The documentation shall make it possible to assess the pyrotechnic article's conformity with the relevant requirements, and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the pyrotechnic article. The technical documentation shall, wherever applicable, contain at least the following elements:
(a)a general description of the pyrotechnic article;
(b)conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;
(c)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;
(d)a list of the designated standards applied in full or in part and, where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of these Regulations, including a list of other relevant technical specifications applied. In the case of partly applied designated standards, the technical documentation shall specify the parts which have been applied;
(e)results of design calculations made, examinations carried out, etc.;
(f)test reports.
The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 10 years after the pyrotechnic article has been placed on the market.
3. ManufacturingE+W+S
The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic article with the applicable requirements of these Regulations.
4. VerificationE+W+S
An approved body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant designated standards and/or equivalent tests set out in other relevant technical specifications, to check the conformity of the pyrotechnic article with the applicable requirements of these Regulations, or have them carried out. In the absence of such a designated standard the approved body concerned shall decide on the appropriate tests to be carried out.
The approved body shall issue a certificate of conformity in respect of the examinations and tests carried out and shall affix its identification number to the approved pyrotechnic article, or have it affixed under its responsibility.
The manufacturer shall keep the certificates of conformity at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.
5. UK marking and declaration of conformityE+W+S
5.1. The manufacturer shall affix the UK marking and, under the responsibility of the approved body referred to in point 4, the latter's identification number to each pyrotechnic article that satisfies the applicable requirements of these Regulations.E+W+S
5.2. The manufacturer shall draw up a written declaration of conformity and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.E+W+S
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
1. Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned satisfy the requirements of these Regulations that apply to them.E+W+S
2. ManufacturingE+W+S
The manufacturer shall operate an approved quality system for design, manufacture and final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.
3. Quality systemE+W+S
3.1. The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.E+W+S
The application shall include:
(a)the name and address of the manufacturer;
(b)the technical documentation for one model of each pyrotechnic article category intended to be manufactured. The technical documentation shall, wherever applicable, contain at least the following elements:
— a general description of the pyrotechnic article;
— conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;
— descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;
— a list of the designated standards applied in full or in part and, where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of these Regulations, including a list of other relevant technical specifications applied. In the event of partly applied designated standards, the technical documentation shall specify the parts which have been applied;
— results of design calculations made, examinations carried out, etc.;
— test reports;
(c)the documentation concerning the quality system;
(d)a written declaration that the same application has not been lodged with any other approved body.
3.2. The quality system shall ensure compliance of the pyrotechnic articles with the applicable requirements of these Regulations.E+W+S
All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. That quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.
It shall, in particular, contain an adequate description of:
(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality;
(b)the technical design specifications, including standards that will be applied and, where the relevant designated standards will not be applied in full, the means that will be used to ensure that the essential safety requirements of these Regulations will be met;
(c)the design control and design verification techniques, processes and systematic actions that will be used when designing the pyrotechnic articles pertaining to the pyrotechnic article category covered;
(d)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;
(e)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;
(f)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.;
(g)the means of monitoring the achievement of the required design and product quality and the effective operation of the quality system.
3.3. The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.E+W+S
It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.
In addition to experience in quality management systems, the auditing team shall have at least one member experienced as an assessor in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in point 3.1(b) to verify the manufacturer's ability to identify the applicable requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.
The manufacturer shall be notified of the decision.
The notification shall contain the conclusions of the audit and the reasoned assessment decision.
3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.E+W+S
3.5. The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.E+W+S
The approved body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.
It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.
4. Surveillance under the responsibility of the approved bodyE+W+S
4.1. The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.E+W+S
4.2. The manufacturer shall, for assessment purposes, allow the approved body access to the design, manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:E+W+S
(a)the quality system documentation;
(b)the quality records as provided for by the design part of the quality system such as the results of analyses, calculations, tests, etc.;
(c)the quality records as provided for by the manufacturing part of the quality system such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.
4.3. The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.E+W+S
4.4. In addition, the approved body may pay unexpected visits to the manufacturer. During such visits, the approved body may, if necessary, carry out product tests, or have them carried out, in order to check the proper functioning of the quality system. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.E+W+S
5. UK marking and declaration of conformityE+W+S
5.1. The manufacturer shall affix the UK marking and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that satisfies the applicable requirements of these Regulations.E+W+S
5.2. The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.E+W+S
A copy of the declaration of conformity shall be made available to the relevant authorities upon request.
6. The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:E+W+S
(a)the technical documentation referred to in point 3.1;
(b)the documentation concerning the quality system referred to in point 3.1;
(c)the information relating to the change referred to in point 3.5, as approved;
(d)the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.
7. Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.E+W+S
Each approved body shall inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.]
Regulation 11(2)
1. The labelling of a pyrotechnic article must include—
(a)the name, registered trade name or registered trade mark of the manufacturer;
(b)a single postal address at which the manufacturer can be contacted;
(c)the name, type and category of the pyrotechnic article;
(d)the [F121UK] registration number of the pyrotechnic article;
(e)the product, batch or serial number of the pyrotechnic article; and
(f)instructions for use and safety information, which must include—
(i)the minimum age limit for persons to whom the pyrotechnic article can be made available on the market;
(ii)the net explosive content of the pyrotechnic article; and
(iii)the information required by paragraphs 2 to 5.
Extent Information
E41This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F121Word in Sch. 3 para. 1(d) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 40 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1. The labelling of a pyrotechnic article must include—
(a)the name, registered trade name or registered trade mark of the manufacturer;
(b)a single postal address at which the manufacturer can be contacted;
(c)the name, type and category of the pyrotechnic article;
(d)the registration number of the pyrotechnic article;
(e)the product, batch or serial number of the pyrotechnic article; and
(f)instructions for use and safety information, which must include—
(i)the minimum age limit for persons to whom the pyrotechnic article can be made available on the market;
(ii)the net explosive content of the pyrotechnic article; and
(iii)the information required by paragraphs 2 to 5.
Extent Information
E95This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
2. The labelling of a firework must also display the following information—
(a)for a category F1 firework, where appropriate—
(i)“for outdoor use only”; and
(ii)a minimum safety distance;
(b)for a category F2 firework—
(i)“for outdoor use only”; and
(ii)a minimum safety distance (where appropriate);
(c)for a category F3 firework—
(i)“for outdoor use only”;
(ii)a minimum safety distance; and
(iii)the year of production;
(d)for a category F4 firework—
(i)“for use only by persons with specialist knowledge”;
(ii)a minimum safety distance; and
(iii)the year of production.
3. The labelling of sparklers must also display the words “Warning: not to be given to children under 5 years of age”.U.K.
4. The labelling of a theatrical pyrotechnic article must also display the following information—U.K.
(a)for a category T1 theatrical pyrotechnic article, where appropriate—
(i)“for outdoor use only”; and
(ii)a minimum safety distance;
(b)for a category T2 theatrical pyrotechnic article—
(i)“for use only by persons with specialist knowledge”; and
(ii)a minimum safety distance.
5. The labelling of a category P1 other pyrotechnic article or category P2 other pyrotechnic article must also, where appropriate, display a minimum safety distance.U.K.
6. In paragraph 3, “sparkler” means a rigid wire article partially coated along one end with slow-burning pyrotechnic composition, with or without an ignition head and designed to be held in the hand, the principal effect of which is to emit sparks, with or without aural effects (other than a report).U.K.
Regulations 2(3), 41(c)
Textual Amendments
F122Sch. 3A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 41 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1)UK registration number:
2)Product, batch or serial number:
3)Name and address of the manufacturer:
4)This declaration of conformity is issued under the sole responsibility of the manufacturer.
5)Object of the declaration (identification of product allowing traceability):
6)The object of the declaration described above is in conformity with the relevant statutory requirements:
7)References to the designated standards used or references to the other technical specifications in relation to which conformity is declared:
8)The approved body (name, number) performed (description of intervention) and issued the certificate:
9)Additional information:
Signed for and on behalf of:
[place and date of issue]:
[name, function] [signature]:]
Regulation 2(1)
1.—(1) A person with specialist knowledge for a category F4 firework is any individual who can demonstrate having—
(a)undertaken training recognised in the fireworks business, in relation to the type of category F4 firework which is to be made available to that individual;
(b)used category F4 fireworks; and
(c)valid liability insurance covering use of category F4 fireworks.
(2) A person with specialist knowledge for a category F4 firework also includes—
(a)any person whose trade or business (or a significant part of whose trade or business) is the supply of category F4 fireworks, for the purposes of making them available on the market in accordance with these Regulations; and
(b)any person who is—
(i)in business as a supplier of goods designed and intended for use in conjunction with a category F4 firework; and
(ii)intends to use the category F4 firework solely for the purposes of testing it to ensure that, when used in conjunction with fireworks of the same type, it will perform its intended function or comply with any provisions made by or under any enactment and relating to the safety of such goods.
2.—(1) A person with specialist knowledge for a category T2 theatrical pyrotechnic article is any individual who can demonstrate having—
(a)undertaken training recognised in the theatrical profession, in relation to the type of category T2 theatrical pyrotechnic article which is to be made available to that individual;
(b)used category T2 theatrical pyrotechnic articles; and
(c)valid liability insurance covering use of category T2 theatrical pyrotechnic articles.
(2) A person with specialist knowledge for a category T2 theatrical pyrotechnic article also includes—
(a)any person whose trade or business (or a significant part of whose trade or business) is the supply of category T2 theatrical pyrotechnic articles, for the purpose of making them available on the market in accordance with these Regulations;
(b)any person who is—
(i)in business as a supplier of goods designed and intended for use in conjunction with a category T2 theatrical pyrotechnic article; and
(ii)intends to use the category T2 theatrical pyrotechnic article in question solely for the purposes of testing it to ensure that, when used in conjunction with articles of the same type, it will perform its intended function or comply with any provisions made by or under any enactment and relating to the safety of such goods.
(3) In paragraph 2(1)(a), “the theatrical profession” means the profession related to indoor and outdoor stage productions and includes film and television or similar productions.
3.—(1) A person with specialist knowledge for a category P2 other pyrotechnic articles is any individual who can demonstrate having—
(a)undertaken training recognised in the industry in question, in relation to the type of category P2 other pyrotechnic article which is to be made available to that individual;
(b)used category P2 other pyrotechnic articles; and
(c)valid liability insurance covering use of category P2 other pyrotechnic articles.
(2) A person with specialist knowledge for a category P2 other pyrotechnic article also includes—
(a)any person whose trade or business (or a significant part of whose trade or business) is the supply of category P2 other pyrotechnic articles, for the purpose of making them available on the market in accordance with these Regulations;
(b)any person who is—
(i)in business as a supplier of goods designed and intended for use in conjunction with a category P2 other pyrotechnic article; and
(ii)intends to use the category P2 other pyrotechnic article in question solely for the purposes of testing it to ensure that, when used in conjunction with articles of the same type, it will perform its intended function or comply with any provisions made by or under any enactment and relating to the safety of such goods.
4. Any person employed by or under or acting on behalf of an enforcing authority proposing to make a test purchase of a category F4 firework, category T2 theatrical pyrotechnic article or category P2 other pyrotechnic article, is to be considered to be a person with specialist knowledge where the enforcing authority—
(a)has enforcement powers, conferred by or under any enactment, applying to the pyrotechnic article in question; and
(b)before that person purchases the pyrotechnic article, informs the person making it available on the market that the purchase is to be made for the purposes of ascertaining whether any provision made by or under any enactment and relating to the safety of the pyrotechnic article has been contravened in relation to that pyrotechnic article.
5.—(1) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) must include training in—
(a)the nature and correct use of the articles which are to be made available; and
(b)the risks associated with the transport, storage and use of such articles.
(2) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) includes such training recognised in the relevant business, profession or industry of any member State.
(3) The use of articles referred to in paragraphs 1(1)(b), 2(1)(b) and 3(1)(b) includes the use anywhere in the world.
(4) The “liability insurance” referred to in paragraphs 1(1)(c), 2(1)(c), and 3(1)(c) may be in the name of the individual in question or the employer of that person.
Extent Information
E42This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
5.—(1) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) must include training in—
(a)the nature and correct use of the articles which are to be made available; and
(b)the risks associated with the transport, storage and use of such articles.
(2) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) includes such training recognised in the relevant business, profession or industry of any [F213relevant state].
(3) The use of articles referred to in paragraphs 1(1)(b), 2(1)(b) and 3(1)(b) includes the use anywhere in the world.
(4) The “liability insurance” referred to in paragraphs 1(1)(c), 2(1)(c), and 3(1)(c) may be in the name of the individual in question or the employer of that person.
Extent Information
E96This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F213Words in Sch. 4 para. 5(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(1)
Regulation 2(1)
Textual Amendments
F123Word in Sch. 5 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1. A conformity assessment body must be established [F124under the national law of the country in which the body is established] and have legal personality.E+W+S
Extent Information
E43This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F124Words in Sch. 5 para. 1 substituted (E.W.S.) (31.12.2020) The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(aa) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(5); and as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1. A conformity assessment body must be established in the United Kingdom and have legal personality.N.I.
Extent Information
E97This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
2. A conformity assessment body must be a third party body independent of the organisation or the pyrotechnic article it assesses.U.K.
3.—(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of pyrotechnic articles or explosive substances, nor the representative of any of those parties.U.K.
(2) Sub-paragraph (1) does not preclude the use of pyrotechnic articles or explosive substances that are necessary for the operations of the conformity assessment body or the use of pyrotechnic articles for personal purposes.
4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of pyrotechnic articles or explosive substances, or represent the parties engaged in those activities.U.K.
5. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgment or integrity in relation to conformity assessment activities for which they are notified (including consultancy services).U.K.
6. A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.U.K.
7. A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.U.K.
[F1258. A conformity assessment body must ensure that it, either on its own or with the assistance of its subcontractors or subsidiaries, is capable of carrying out the conformity assessment activities in relation to which the conformity assessment body has been, or is to be, approved.]E+W+S
Extent Information
E44This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F125Sch. 5 para. 8 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(ab) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(5); and as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
8. A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, notified, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.N.I.
Extent Information
E98This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
9. A conformity assessment body must have at its disposal—E+W+S
(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;
(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as [F126an approved] body and other activities;
(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.
Extent Information
E45This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F126Words in Sch. 5 para. 9(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
9. A conformity assessment body must have at its disposal—N.I.
(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;
(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;
(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.
Extent Information
E99This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
10. A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities.U.K.
11. The personnel responsible for carrying out conformity assessment activities must have—E+W+S
(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
(b)satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;
(c)appropriate knowledge and understanding of the essential safety requirements, of the applicable [F127designated] standards and of F128...these Regulations;
(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.
Extent Information
E46This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F127Word in Sch. 5 para. 11(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F128Words in Sch. 5 para. 11(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(c)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
11. The personnel responsible for carrying out conformity assessment activities must have—N.I.
(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;
(b)satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;
(c)appropriate knowledge and understanding of the essential safety requirements, of the applicable harmonised standards and of the Directive and of these Regulations;
(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.
Extent Information
E100This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
12. A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.U.K.
13. The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.U.K.
14. A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.U.K.
15. A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.U.K.
16. Paragraph 15 does not prevent the personnel from providing information to the Secretary of State or an enforcing authority.U.K.
17. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any [F129approved] body coordination group established [F130by the Secretary of State] and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.E+W+S
Extent Information
E47This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F129Word in Sch. 5 para. 17 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(d)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F130Words in Sch. 5 para. 17 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(d)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
17. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any notified body coordination group established under the Directive and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.N.I.
Extent Information
E101This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
[F132Regulation 50] [F132Regulation 48]
Textual Amendments
F131Word in Sch. 6 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F132Shoulder note in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(2) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
1. [F133A notified body] [F133An approved body] must carry out conformity assessments in accordance with the relevant conformity assessment procedures.U.K.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
2. [F133A notified body] [F133An approved body] must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.U.K.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
3. [F133A notified body] [F133An approved body] must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.U.K.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
4. [F133A notified body] [F133An approved body] must respect the degree of rigour and the level of protection required to ensure that the pyrotechnic article is in conformity with the requirements of these Regulations.U.K.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
5. [F133An approved body] carrying out a conformity assessment must—
(a)assign a [F134UK] registration number in the form specified in [F135paragraph 5A], which identifies the pyrotechnic articles which have been subject to a conformity assessment and their manufacturers; and
(b)maintain a register with the [F134UK] registration number of the pyrotechnic articles in respect of which it has issued a certificate of conformity or granted an approval and keep entries made in the register for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted.
Extent Information
E48This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F134Word in Sch. 6 para. 5 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(6)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F135Words in Sch. 6 para. 5(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(6)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
5. A notified body carrying out a conformity assessment must—N.I.
(a)assign a registration number in the form specified in Article 1 of Commission Implementing Directive 2014/58/EU setting up a system for the traceability of pyrotechnic articles (as amended from time to time), which identifies the pyrotechnic articles which have been subject to a conformity assessment and their manufacturers; and
(b)maintain a register with the registration number of the pyrotechnic articles in respect of which it has issued a certificate of conformity or granted an approval and keep entries made in the register for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted.
Extent Information
E102This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
[F1365A.—(1) Pyrotechnic articles must be labelled with a UK registration number comprising the following:E+W+S
(a)the four-digit identification number of the approved body that has issued a Type-examination certificate (Schedule 2A, Module B), certificate of conformity (Schedule 2A, Module G) or quality system approval (Schedule 2A, Module H), as applicable;
(b)the category of the pyrotechnic article for which conformity is certified in abbreviated format, in upper case—
(i)F1, F2, F3 or F4 for fireworks of category 1, 2, 3 and 4 respectively;
(ii)T1 or T2 for theatrical pyrotechnic articles of category T1 and T2 respectively; and
(iii)P1 or P2 for other pyrotechnic articles of category P1 and P2 respectively; and
(c)the processing number used by the approved body for the pyrotechnic article.
(2) The UK registration number must be structured as follows: ‘XXXX — YY — ZZZZ…’, where XXXX refers to sub-paragraph (1)(a), YY refers to sub-paragraph (1)(b) and ZZZZ… refers to sub-paragraph (1)(c).]
Textual Amendments
F136Sch. 6 para. 5A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
6. [F137From IP completion day]—
(a)an entry made in the register referred to in paragraph 5(b) must contain at least the information set out in [F138paragraph 6A];
(b)the [F139approved] body must—
(i)keep the information referred to in sub-paragraph (a) in respect of a pyrotechnic article for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted; and
(ii)update the register referred to paragraph 5(b) and make it publicly available on the internet.
Extent Information
E49This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F137Words in Sch. 6 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(vi)); 2020 c. 1, Sch. 5 para. 1(1)
F138Words in Sch. 6 para. 6(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F139Word in Sch. 6 para. 6(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
6. After 16th October 2016—N.I.
(a)an entry made in the register referred to in paragraph 5(b) must contain at least the information set out in the Annex to Commission Implementing Directive 2014/58/EU (as amended from time to time);
(b)the notified body must—
(i)keep the information referred to in sub-paragraph (a) in respect of a pyrotechnic article for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted; and
(ii)update the register referred to paragraph 5(b) and make it publicly available on the internet.
Extent Information
E103This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
[F1406A.—(1) Entries made in the register from IP completion day must contain at least the following information:E+W+S
(a)UK registration number;
(b)date of issue of Type-examination certificate (where the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B) has been undertaken), certificate of conformity (where the conformity assessment procedure set out in Part 5 of Schedule 2A (Module G) has been undertaken) or quality system approval (where the conformity assessment procedure set out in Part 6 of Schedule 2A (Module H) has been undertaken) as applicable, and date of expiry where applicable;
(c)manufacturer;
(d)type of product (generic) and subtype, if applicable;
(e)where applicable, which conformity assessment procedure has been undertaken from those set out in Part 2 of Schedule 2A (Module C2), Part 3 of Schedule 2A (Module D) and Part 4 of Schedule 2A (Module E); and
(f)where applicable, the approved body that undertook the conformity assessment procedure described in sub-paragraph (e).
(2) Sub-paragraphs (1)(e) and (1)(f) apply where the register is maintained by an approved body carrying out the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B), except where the relevant information is not known to that approved body.]
Textual Amendments
F140Sch. 6 para. 6A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(8) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(vii)); 2020 c. 1, Sch. 5 para. 1(1)
7. Where [F133an approved body] finds that essential safety requirements or corresponding [F141designated] standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.E+W+S
Extent Information
E50This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F141Word in Sch. 6 para. 7 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(9) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
7. Where a notified body finds that essential safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.N.I.
Extent Information
E104This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
8. Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, [F133a notified body] [F133an approved body] finds that a pyrotechnic article is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).U.K.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
9. Where [F142the notified body] [F142the approved body] has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, [F142the notified body] [F142the approved body] must restrict, suspend or withdraw any certificate of conformity or approval.U.K.
Textual Amendments
F142Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(5) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
10. Paragraph 11 applies where [F133a notified body] [F133an approved body] is minded to—U.K.
(a)refuse to issue a certificate of conformity or grant an approval; or
(b)restrict, suspend or withdraw a certificate of conformity or approval.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
11. Where this paragraph applies, [F142the notified body] [F142the approved body] must—U.K.
(a)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;
(b)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and
(c)take account of any such representations before taking its decision.
Textual Amendments
F142Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(5) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
12. [F133A notified body] [F133An approved body] must inform the Secretary of State of—U.K.
(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;
(b)any circumstances affecting the scope of, or conditions for, notification under regulation 44 (notification);
(c)any request for information which it has received from an enforcing authority regarding conformity assessment activities; and
(d)on request, conformity assessment activities performed within the scope of its notification under regulation 44 and any other activity performed, including cross-border activities and subcontracting.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
13. [F133A notified body] [F133An approved body] must make provision in its contracts with its clients enabling such clients to appeal against a decision—U.K.
(a)to refuse to issue a certificate of conformity or grant an approval; or
(b)to restrict, suspend or withdraw a certificate of conformity or approval.
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
14. [F133An approved body] must provide other bodies [F143approved under these Regulations] carrying out similar conformity assessment activities covering the same pyrotechnic articles with relevant information on issues relating to negative and, on request, positive conformity assessment results.E+W+S
Extent Information
E51This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F143Words in Sch. 6 para. 14 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(10) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
14. A notified body must provide other bodies notified under the Directive carrying out similar conformity assessment activities covering the same pyrotechnic articles with relevant information on issues relating to negative and, on request, positive conformity assessment results.N.I.
Extent Information
E105This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
15. [F133An approved body] must participate in the work of any [F144approved] body coordination group established F145..., directly or by means of its designated representatives.E+W+S
Extent Information
E52This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F133Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F144Word in Sch. 6 para. 15 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(11)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F145Words in Sch. 6 para. 15 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(11)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
15. A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.N.I.
Extent Information
E106This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Regulation 54(1)
1. For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—
(a)section 13 (prohibition notices and notices to warn);
(b)section 14 (suspension notices);
(c)section 16 (forfeiture: England and Wales and Northern Ireland);
(d)section 17 (forfeiture: Scotland);
(e)section 18 (power to obtain information);
(f)section 28 (test purchases);
(g)section 29 (powers of search etc);
(h)section 30 (provisions supplemental to s 29);
(i)section 31 (powers of customs officer to detain goods);
(j)section 33 (appeals against detention of goods);
(k)section 34 (compensation for seizure and detention);
(l)section 35 (recovery of expenses of enforcement);
(m)section 37 (power of Commissioners for Revenue and Customs to disclose information);
(n)section 45 (interpretation);
(o)section 46(1) (meaning of “supply”); and
(p)Schedule 2 (prohibition notices and notices to warn).
2. The sections of the 1987 Act referred to in paragraph 1 are to apply as if—
(a)in section 13—
(i)in subsection (1), “relevant” were omitted on each occasion that it appears;
(ii)in subsection (1), for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”;
(iii)in subsection (2), the words from “; and the Secretary of State may” to the end were omitted; and
(iv)subsections (4) to (7) were omitted;
(b)in section 14—
(i)in subsection (1), after “any safety provision has been contravened in relation to any goods”, there were inserted “ or that any goods present a risk ”;
(ii)in subsection 2(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “ or that the goods present a risk ”;
(iii)in subsection (2)(c), “under section 15 below” were omitted; and
(iv)subsections (6) to (8) were omitted;
(c)in section 16—
(i)in subsection (1), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that the goods present a risk ”;
(ii)for subsection 2(b) there were substituted—
“(b)where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 70 (appeals against notices) of the 2015 Regulations or section 33, to that court; and”;
(iii)in subsection (3), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that the goods present a risk ”;
(iv)after subsection (4), there were inserted—
“(4A) A court may infer for the purposes of this section that any goods present a risk if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;
(v)in subsection (6), for “Subject to subsection (7) below, where” there were substituted “ Where ”; and
(vi)subsection (7) were omitted;
(d)in section 17—
(i)in subsection (1), after “a contravention of a safety provision”, there were inserted “ or where the goods present a risk ”;
(ii)in subsection (6), after “a contravention in relation to those goods of a safety provision”, there were inserted “ or that those goods present a risk ”; and
(iii)after subsection (7), there were inserted—
“(7A) The sheriff may infer for the purposes of this section that any goods present a risk if satisfied that such risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;
(e)in section 18, subsections (3) and (4) were omitted;
(f)in section 28—
(i)in subsection (1), for “, services, accommodation or facilities”, there were substituted “ or whether any goods present a risk ”;
(ii)in subsection (1), paragraph (b) were omitted; and
(iii)subsections (3) and (4) were omitted;
(g)in section 29—
(i)in subsection (2), after “any contravention of any safety provision” there were inserted “ or whether goods present a risk ”;
(ii)in subsection (3), after “any contravention of any safety provision” there were inserted “ or whether goods present a risk ”;
(iii)in subsection 4(a), after “any contravention of any safety provision in relation to the goods”, there were inserted “ or whether the goods present a risk ”;
(iv)in subsection 4(b), after “any such contravention”, there were inserted “ or whether the goods present a risk ”;
(v)in subsection (5), after “a contravention in relation to any goods of any safety provision”, there were inserted “ or that the goods present a risk ”;
(vi)in subsection (5)(a), after “any such contravention”, there were inserted “ or whether the goods present a risk ”;
(vii)in subsection (5)(b), after “any such contravention”, there were inserted “ or whether the goods present a risk ”; and
(viii)in subsection (7), after “a contravention of any safety provision”, there were inserted “ or prevent goods from presenting a risk ”;
(h)in section 30—
(i)after subsection (2)(a)(ii), for “and”, there were substituted—
“or
(iii)that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and”; and
(ii)subsections (5), (7) and (8) were omitted;
(i)in section 31(1), for “Part II of this Act”, there were substituted “ the 2015 Regulations ”;
(j)in section 34(1), after paragraph (a), there were inserted
“(aa)the goods do not present a risk;”;
(k)in section 37(1), for “Part II of this Act”, there were substituted “ the 2015 Regulations ”;
(l)in section 45(1)—
(i)the definitions of “conditional sale agreement”, “credit-sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted;
(ii)before the definition of “aircraft”, there were inserted—
““2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”;
(iii)for the definition of “enforcement authority” there were substituted—
““enforcement authority” means an enforcing authority within the meaning set out in regulation 2(1) of 2015 Regulations;”;
(iv)for the definition of “goods” there were substituted—
““goods” means a pyrotechnic article within the meaning set out in regulation 3 of the 2015 Regulations;”;
(v)after the definition of “modifications”, there were inserted—
““non-compliant” in relation to any goods means that—
a safety provision has been contravened in relation to the goods; or
the goods present a risk;”
(vi)after the definition of “premises”, there were inserted—
““present a risk” means present a risk within the meaning set out in regulation 2(5) of the 2015 Regulations;”;
(vii)for the definition of “safety provision” there were substituted—
““safety provision” means any provision of the 2015 Regulations;”; and
(viii)for the definition of “safety regulations” there were inserted—
““safety regulations” means the 2015 Regulations;”;
(m)in section 46(1), omit “and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use”; and
(n)in Schedule 2—
(i)for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”; and
(ii)for “safe”, on each occasion that it appears, there were substituted “ not non-compliant ”.
Regulation 54(2)
1. For the purposes of enforcing these Regulations, the following sections of the 1974 Act apply subject to the modifications in paragraph 2—
(a)section 10(1) (establishment of the Executive);
(b)section 19 (appointment of inspectors);
(c)section 20 (powers of inspectors);
(d)section 21 (improvement notices);
(e)section 22 (prohibition notices);
(f)section 23 (provisions supplementary to ss 21 and 22);
(g)section 24 (appeal against improvement or prohibition notice);
(h)section 25 (power to deal with cause of imminent danger);
(i)section 25A (power of customs officer to detain articles and substances);
(j)section 26 (power of enforcing authorities to indemnify inspectors);
(k)section 27 (obtaining of information by the Executive, enforcing authorities etc);
(l)section 27A (information communicated by Commissioners for Revenue and Customs);
(m)section 28 (restrictions on disclosure of information);
(n)section 33 (offences);
(o)section 34 (extension of time for bringing summary proceedings);
(p)section 35 (venue);
(q)section 39 (prosecution by inspectors);
(r)section 41 (evidence); and
(s)section 42 (power of court to order cause of offence to be remedied or, in certain cases, forfeiture).
2. The sections of the 1974 Act referred to in paragraph 1 are to apply as if—
(a)references to “relevant statutory provisions” were references to—
(i)the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and
(ii)these Regulations;
(b)references to “risk” were references to “risk” within the meaning of regulation 2(5) of these Regulations;
(c)in section 19—
(i)in subsection (1), for “Every enforcing authority” there were substituted “ The Executive ”;
(ii)in subsection (1), “within its field of responsibility” were omitted;
(iii)in subsection (2), paragraph (b) were omitted; and
(iv)in subsection (3), for “enforcing authority which appointed him” there were substituted “ Executive ”;
(d)in section 20—
(i)in subsection (1), “within the field of responsibility of the enforcing authority which appointed him” were omitted;
(ii)in subsection (2)(c)(i), for “his (the inspector's) enforcing authority” there were substituted “ the Executive ”;
(iii)in subsection 2(h), for “him to have caused or to be likely to cause danger to health or safety”, there were substituted “ contravene the relevant statutory provisions or present a risk ”; and
(iv)subsection (3) were omitted;
(e)in section 21—
(i)before paragraph (a), there were inserted—
“(za)is making available on the market a pyrotechnic article which presents a risk;”;
(ii)after “specifying the”, there were inserted “ risk, or ”; and
(iii)after “requiring that person to”, there were inserted “ address the risk or ”;
(f)for section 22(2) there were substituted—
“(2) An inspector may serve a notice (in this Part referred to as “a prohibition notice”) on a person if, as regards any activities to which this section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve—
(a)a risk; or
(b)a contravention of a relevant statutory provision.”;
(g)in section 23, subsections (3), (4) and (6) were omitted;
(h)in section 25A(1)—
(i)for “an enforcing authority or inspector”, there were substituted “ the Executive or an inspector ”; and
(ii)for “the authority”, there were substituted “ the Executive ”;
(i)for the title to section 26, there were substituted “ Power of the Executive to indemnify its inspectors ”
(j)in section 26, for each of the following references there were substituted “ the Executive ”
(i)“the enforcing authority which appointed him”;
(ii)“that authority”; and
(iii)“the authority”;
(k)in section 27—
(i)in subsection (1), paragraph (b) were omitted; and
(ii)in subsection (1), “or, as the case may be, to the enforcing authority in question” were omitted;
(l)in section 27A(2)—
(i)for “an enforcing authority” there were substituted “ the Executive ”; and
(ii)the words from “, other than the Office for Nuclear Regulation” to the end were omitted;
(m)in section 28—
(i)in subsection (1)(a), “, other than the Officer for Nuclear Regulation (or an inspector appointed by it),” were omitted;
(ii)in subsection (1)(a), “, by virtue of section 43A(6) below” were omitted;
(iii)in subsection (3)(a), “or any enforcing authority” were omitted;
(iv)in subsection (4), “or an enforcing authority” were omitted;
(v)in subsection (4), “(including, in the case of an enforcing authority, any inspector appointed by it)” were omitted;
(vi)in subsection (5)(a), “or the purposes of the enforcing authority in question in connection with the relevant statutory provisions,” were omitted;
(vii)in subsection (7), “14(4)(a) or” were omitted;
(viii)in subsection (7), for paragraph (b), there were substituted—
“(b)for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;”; and
(ix)subsection (9B) were omitted;
(n)in section 33—
(i)in subsection (1), paragraphs (a) to (i) and (k) to (m) were omitted;
(ii)for subsection (2), there were substituted—
“(2) A person guilty of an offence under this section is liable—
(a)on summary conviction—
(i)in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;
(ii)in Scotland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both;
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or to both.”; and
(iii)section 33(3) were omitted;
(o)in section 34—
(i)in subsection (1), paragraphs (a) and (b) were omitted;
(ii)in subsection (1), for the words from “and it appears” to the end, there were substituted—
“and it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.”; and
(iii)subsections (3) to (6) were omitted;
(p)in section 35, for “any enforcing authority”, there were substituted “ the Executive ”;
(q)in section 39(1), for “enforcing authority which appointed him” there were substituted “ Executive ”; and
(r)in section 42, subsections (3A), (4) and (5) were omitted.
Regulation 54(3)
1.—(1) An enforcing authority may serve a compliance notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that there is non-compliance.
(2) A compliance notice must—
(a)require the relevant economic operator on which it is served to—
(i)end the non-compliance within such period as may be specified in the notice; or
(ii)provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred; and
(b)warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under paragraph (a) within the period specified in the notice, further action may be taken in respect of the pyrotechnic article or any pyrotechnic article of the same type made available on the market by that relevant economic operator.
(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.
(4) Subject to sub-paragraph (5), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.
(5) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
2.—(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that—
(a)the pyrotechnic article has been made available on the market; and
(b)there is non-compliance.
(2) A withdrawal notice must prohibit the relevant economic operator from making the pyrotechnic article available on the market without the consent of the enforcing authority.
(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the pyrotechnic article.
(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any pyrotechnic article referred to in the notice.
(5) A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.
(6) Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(8) A withdrawal notice has effect throughout the United Kingdom.
Extent Information
E53This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
2.—(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that—
(a)the pyrotechnic article has been made available on the market; and
(b)there is non-compliance.
(2) A withdrawal notice must prohibit the relevant economic operator from making the pyrotechnic article available on the market without the consent of the enforcing authority.
(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the pyrotechnic article.
(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any pyrotechnic article referred to in the notice.
(5) A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.
(6) Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.
(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(8) A withdrawal notice has effect throughout [F214Northern Ireland].
Extent Information
E107This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F214Words in Sch. 9 para. 2(8) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(2)
3.—(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that—
(a)the pyrotechnic article has been made available to end-users; and
(b)there is non-compliance.
(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the pyrotechnic article from end-users to the relevant economic operator or another person specified in the notice.
(3) A recall notice may—
(a)require the relevant economic operator to—
(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;
(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the pyrotechnic article poses and the fact of the recall; or
(iii)make arrangements for the collection or return of the pyrotechnic article from end-users or its disposal; or
(b)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the pyrotechnic article.
(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.
(5) A recall notice may only be issued by the enforcing authority where—
(a)other action which it may require under these Regulations would not suffice to address the non-compliance;
(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;
(c)the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice; and
(d)the enforcing authority has taken account of any advice obtained under sub-paragraph (6).
(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—
(a)whether there is non-compliance; and
(b)whether the issue of a recall notice would be proportionate.
(7) Sub-paragraph (5)(b), (c) and (d) do not apply in the case of a pyrotechnic article presenting a serious risk requiring, in the view of the enforcing authority, urgent action.
(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.
(9) In this paragraph, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.
(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of a pyrotechnic article to which the recall notice relates, so far as the relevant economic operator is able to do so.
(11) Subject to sub-paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.
(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(13) A recall notice has effect throughout the United Kingdom.
Extent Information
E54This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
3.—(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that—
(a)the pyrotechnic article has been made available to end-users; and
(b)there is non-compliance.
(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the pyrotechnic article from end-users to the relevant economic operator or another person specified in the notice.
(3) A recall notice may—
(a)require the relevant economic operator to—
(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;
(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the pyrotechnic article poses and the fact of the recall; or
(iii)make arrangements for the collection or return of the pyrotechnic article from end-users or its disposal; or
(b)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the pyrotechnic article.
(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.
(5) A recall notice may only be issued by the enforcing authority where—
(a)other action which it may require under these Regulations would not suffice to address the non-compliance;
(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;
(c)the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice; and
(d)the enforcing authority has taken account of any advice obtained under sub-paragraph (6).
(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions of—
(a)whether there is non-compliance; and
(b)whether the issue of a recall notice would be proportionate.
(7) Sub-paragraph (5)(b), (c) and (d) do not apply in the case of a pyrotechnic article presenting a serious risk requiring, in the view of the enforcing authority, urgent action.
(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.
(9) In this paragraph, “Institute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.
(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of a pyrotechnic article to which the recall notice relates, so far as the relevant economic operator is able to do so.
(11) Subject to sub-paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.
(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.
(13) A recall notice has effect throughout [F215Northern Ireland].
Extent Information
E108This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F215Words in Sch. 9 para. 3(13) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(2)
4. In this Schedule, “non-compliance” means that the pyrotechnic article—
(a)presents a risk; or
(b)is not in conformity with Part 2, or RAMS in its application to pyrotechnic articles.
Regulation 75(5)
1. The Fireworks Regulations 2004 are amended as set out below.U.K.
2. In regulation 3 (interpretation)—U.K.
(a)for the definition of “adult firework” substitute—
““adult firework” means a—
category F2 firework;
category F3 firework; or
category F4 firework.”;
(b)omit the definitions of—
(i)“amorce”;
(ii)“BS 7114”;
(iii)“BS EN 61672”;
(iv)“cap”;
(v)“category 3 firework”;
(vi)“category 4 firework”;
(vii)“cracker snap”;
(viii)“novelty match”;
(ix)“party popper”;
(x)“serpent”; and
(xi)“sparkler”;
(c)after the definition of “assembly”, insert—
““category F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;
“category F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;
“category F4 firework” has the meaning set out in paragraph 4 of Schedule 1 to the 2015 Regulations;”;
(d)for the definition of “explosives” substitute—
““explosives” has the meaning set out in regulation 2(1) of the Explosives Regulations 2014 M21;”;
(e)after the definition of “explosives”, insert—
““firework” means any article, intended for entertainment purposes, containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;”; and
(f)for the definition of “the 2010 Regulations”, substitute—
““the 2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”.
Marginal Citations
3. In regulation 5 (prohibition of possession of category 4 fireworks), for “category 4 firework”, substitute “ category F4 firework ”.U.K.
4. In regulation 6(1)(c) (exceptions to regulations 4 and 5), for “2010 Regulations”, substitute “ 2015 Regulations ”.U.K.
5. In regulation 9 (licensing of fireworks suppliers)—U.K.
(a)in paragraph (2A)(a), for “2010 Regulations”, substitute “ 2015 Regulations ”;
(b)for paragraph (4), substitute—
“(4) A local licensing authority may only grant a licence to a person (“A”) under paragraph (1), if satisfied that—
(a)A, or another person on A's behalf, holds a valid licence for the storage of the fireworks under the Explosives Regulations 2014; or
(b)a licence for storage of the fireworks is not required under the Explosives Regulations 2014.”;
(c)for paragraph (5)(b), substitute—
“(b)an offence under regulation 62 of the 2015 Regulations;”; and
(d)in paragraph 5(c), for “sections 4, 5 or”, substitute “ section ”.
6. In regulation 10 (information about fireworks)—U.K.
(a)in paragraph (1), for “adult fireworks or sparklers” on each occasion that it occurs, substitute “ category F2 fireworks or category F3 fireworks ”;
(b)for paragraph (2), substitute—
“(2) In paragraph (1), the “required information” means information that—
(a)it is illegal to sell category F2 fireworks or category F3 fireworks to anyone under the age of 18; and
(b)it is illegal for anyone under the age of 18 to possess category F2 fireworks or category F3 fireworks in a public place.”; and
(c)in paragraph (3)—
(i)omit sub-paragraph (a); and
(ii)in sub-paragraph (b), after “the firework”, insert “ , except where that person is an economic operator within the meaning of regulation 2(1) of the 2015 Regulations ”.
Regulation 75(6)
1. The Explosives (Fireworks) Regulations (Northern Ireland) 2002 are amended as set out below.U.K.
2. In regulation 2 (interpretation)—U.K.
(a)after “In these Regulations—”, insert—
“the “2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”;
(b)for the definition of “category 1 firework”, substitute—
““category F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article) to the 2015 Regulations;”;
(c)for the definition of “category 2 firework”, substitute—
““category F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;”;
(d)for the definition of “category 3 firework”, substitute—
““category F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;”;
(e)for the definition of “enforcing authority”, substitute—
““enforcing authority” has the meaning set out in regulation 2(1) (interpretation) of the 2015 Regulations;”; and
(f)for the definition of “firework”, substitute—
““firework” means any article, intended for entertainment purposes, containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;”.
3. In regulation 4(1) (prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks), omit “Government inspector,”.U.K.
4. In regulation 7 (production of licence)—U.K.
(a)in paragraph (2), after the first reference to “licence”, insert “ under regulation 4(1), ”; and
(b)in paragraph (4), omit “Government Inspector,”.
5. In regulation 11(1)(a) (display of notice and certificate)—U.K.
(a)for “category 1 fireworks”, substitute “ category F1 fireworks ”; and
(b)for “category 2 and 3 fireworks”, substitute “ category F2 fireworks and category F3 fireworks ”.
6. In regulation 12 (transactions in fireworks), for “the fireworks in Schedule 2”, substitute “ carrying out, or undertaking to carry out, transactions in fireworks which are in accordance with the 2015 Regulations ”.U.K.
7. In Schedule 1 (fireworks exempt from the provisions of regulation 4(1)), after each reference to “category”, insert “ F ”.U.K.
8. Omit Schedule 2.U.K.
(This note is not part of these Regulations)
These Regulations transpose Directive 2013/29/EU of the European Parliament and of the Council of 12th June 2013 on the harmonisation of the laws of member States relating to the making available on the market of pyrotechnic articles (recast) (OJ L 178, 28.6.2013, p.27) (“the Directive”) and Commission Implementing Directive 2014/58/EU setting up a system for the traceability of pyrotechnic articles (OJ L 155, 17.4.2014, p.28).
The Directive repeals and replaces Directive 2007/23/EC of the European Parliament and of the Council of 23rd May 2007 on the placing on the market of pyrotechnic articles (OJ L 154, 14.06.2007, p.1) which was implemented in the United Kingdom by the Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554) (as amended). These Regulations revoke and replace S.I. 2010/1554.
Regulation 3 defines “pyrotechnic article”. Regulations 4 and 5 provide exceptions allowing the use of pyrotechnic articles which are not in conformity with Part 2 for the purposes of trade fairs, exhibitions, demonstrations, research, testing and development.
Part 2 sets out the obligations of economic operators. Regulations 6 to 13 set out the obligations that are specific to manufacturers. These obligations include ensuring that a pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Schedule 2, having a relevant conformity assessment procedure carried out before the pyrotechnic article is placed on the market, affixing the CE marking and labelling the pyrotechnic article.
Regulations 14 to 19 set out the obligations that are specific to importers. These obligations include ensuring that they are not placing on the market pyrotechnic articles which are not in conformity with the essential safety requirements, checking that the manufacturer has carried out a relevant conformity assessment procedure and labelled the pyrotechnic articles correctly and indicating on the pyrotechnic article the name and address of the importer.
Regulations 20 to 23 set out the obligations that manufacturers and importers have, but distributors do not. These obligations include maintaining records of the registration numbers assigned to pyrotechnic articles and monitoring pyrotechnic articles which have been placed on the market.
Regulations 24 to 28 set out the obligations that are specific to distributors. These obligations include acting with due care to ensure that pyrotechnic articles are in conformity with Part 2 and checking that the pyrotechnic articles bears the CE marking and are labelled correctly.
Regulations 29 and 30 set out the provisions that apply to importers and distributors, but not to manufacturers. These obligations include an obligation to ensure that the storage and transport of a pyrotechnic article do not jeopardise its conformity with the essential safety requirements.
Regulations 31 to 38 set out obligations that manufacturers, importers and distributors have. These obligations include not making pyrotechnic articles available to persons beneath the minimum age limits. They include not making category F4 fireworks, category T2 theatrical pyrotechnic articles or category P2 other pyrotechnic articles available to persons without specialist knowledge. The meaning of “person with specialist knowledge” is set out in Schedule 4. They also include an obligation to identify other economic operators in the supply chain.
Part 3 sets out provisions concerning the conformity assessment procedure, declarations of conformity and CE marking.
Part 4 sets out provisions concerning the bodies which carry out conformity assessment procedures under the Regulations.
Part 5 sets out provisions for market surveillance and enforcement. Regulation 52 identifies the market surveillance authority which has an obligation to enforce the Regulations in respect of each category of pyrotechnic article. Regulation 54 and Schedule 7, 8 and 9 provide for the enforcement powers which the enforcing authorities are to have. Regulation 62 provides for the contravention of provisions of these Regulations to be an offence. Regulation 63 sets out the penalties that are to apply for offences under these Regulations.
Part 6 sets out transitional provisions and consequential amendments. Until 5th July 2017, Part 2 will not apply to designs of category F1 firework, F2 firework and F3 firework which were lawfully manufactured or placed on the market before 4th July 2010 or to designs of other categories of pyrotechnic article lawfully manufactured or placed on the market before 4th July 2013. Regulation 75 makes consequential amendments, including to section 31 of the Explosives Act 1875 (c.17).
A transposition note and full impact assessment of the impact that these Regulations will have on the costs of business, the voluntary sector and the public sector are available from the Single Market Product Safety Team, Department for Business, Innovation and Skills, 1 Victoria Street, London SW1H 0ET and are also published with the Explanatory Memorandum alongside these Regulations on www.legislation.gov.uk.