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Fireworks and Pyrotechnic Articles (Scotland) Act 2022

2022 asp 9 · Enacted 10 August 2022 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 22 June 2023.

An Act of the Scottish Parliament to make provision for licensing the purchase, acquisition, possession and use of certain fireworks; to prevent the supply of certain fireworks and pyrotechnic articles to persons under the age of 18; to limit the supply and use of certain fireworks to particular periods; to provide for the creation of firework control zones; to make provision prohibiting possession of fireworks and pyrotechnic articles in certain circumstances; and for connected purposes.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th June 2022 and received Royal Assent on 10th August 2022

Contents

  1. Part 1: Key concepts
  2. 1Meaning of “firework” and “pyrotechnic article”
  3. 2Categories of fireworks
  4. Part 2: Fireworks licensing Not yet in force
  5. Fireworks which require a licence Not yet in force
  6. 3Application of Part Not yet in force
  7. Fireworks licensing Not yet in force
  8. 4Requirement to have fireworks licence Not yet in force
  9. 5Supply of fireworks to unlicensed persons Not yet in force
  10. Process for licensing Not yet in force
  11. 6Applying for fireworks licence: general requirements Not yet in force
  12. 7Applying for fireworks licence: mandatory requirements Not yet in force
  13. 8Fireworks training course Not yet in force
  14. 9Grant of fireworks licence Not yet in force
  15. 10Fireworks licence: conditions and further provision Not yet in force
  16. 11Register of fireworks licence applications and licensed persons Not yet in force
  17. 12Revocation of fireworks licence Not yet in force
  18. 13Notification of convictions and cancellation of fireworks licence Not yet in force
  19. 14Appeals Not yet in force
  20. Offences relating to fireworks licence applications Not yet in force
  21. 15False statements Not yet in force
  22. 16False or altered licences and documents Not yet in force
  23. General Not yet in force
  24. 17Power of Scottish Ministers to make arrangements for certain functions Not yet in force
  25. 18Power to make further provision Not yet in force
  26. 19Regulations: consultation Not yet in force
  27. Part 3: Restrictions on supply and use of fireworks and pyrotechnic articles
  28. Application of Part
  29. 20Application of Part
  30. Prohibition on supply to children
  31. 21Prohibition on providing fireworks or pyrotechnic articles to children
  32. Days of supply and use of fireworks Not yet in force
  33. 22Restriction on days of supply of fireworks Not yet in force
  34. 23Alignment of days when licence required to supply Not yet in force
  35. 24Restriction on days of use of fireworks Not yet in force
  36. Compensation Not yet in force
  37. 25Compensation for specialist firework businesses affected by section 22 Not yet in force
  38. Part 4: Firework control zones
  39. 26Application of Part
  40. 27Firework control zones
  41. 28Prior consultation on proposals
  42. 29Publication of decision on proposal
  43. 30Publicising firework control zones
  44. 31Review of operation and effectiveness
  45. 32Power to make further provision
  46. 33Guidance
  47. Part 5: Pyrotechnic articles in public places and at designated venues and events
  48. 34Application of Part
  49. 35Prohibition of pyrotechnic articles in public places
  50. 36Prohibition of pyrotechnic articles at designated venues or events
  51. 37Designation of venues or events
  52. Part 6: Exemptions, enforcement and other matters
  53. Exemptions
  54. 38Exemptions from offences in Act
  55. Powers of local weights and measures authorities Not yet in force
  56. 39Powers of local weights and measures authorities Not yet in force
  57. Powers of constables
  58. 40Power of entry etc. with warrant
  59. 41Search for fireworks or pyrotechnic articles without warrant
  60. Offences in relation to enforcement Not yet in force
  61. 42Offence of obstructing officer of a local weights and measures authority Not yet in force
  62. 43Offence of impersonating officer of a local weights and measures authority Not yet in force
  63. Aggravation of offences against emergency workers
  64. 44Aggravation of offences against emergency workers
  65. Miscellaneous
  66. 45Time limit for prosecution of offences
  67. 46Presumptions in proceedings under this Act
  68. 47Certificates as to proof of certain matters
  69. 48Forfeiture and disposal of fireworks and pyrotechnic articles
  70. 49Individual culpability for offending by an organisation
  71. Part 7: General provisions
  72. 50Report on operation of Act
  73. 51Interpretation
  74. 52Regulations
  75. 53Ancillary provision
  76. 54Crown application: criminal offences
  77. 55Crown application: powers of entry
  78. 56Commencement
  79. 57Short title
  80. Schedule 1: Exemptions
  81. 1Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
  82. 2Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
  83. 3Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
  84. 4Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Professional organisers or operators of fireworks displays or pyrotechnics displays Not yet in force
  88. 8Professional organisers or operators of fireworks displays or pyrotechnics displays Not yet in force
  89. 9Professional organisers or operators of fireworks displays or pyrotechnics displays Not yet in force
  90. 10Paragraph 10 Not yet in force
  91. 11Paragraph 11 Not yet in force
  92. 12Paragraph 12
  93. 13Paragraph 13
  94. 14Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
  95. 15Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
  96. 16Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
  97. 17Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
  98. 18Paragraph 18
  99. 19Paragraph 19
  100. 20Organiser of a public fireworks display Not yet in force
  101. 21Organiser of a public fireworks display Not yet in force
  102. 22Paragraph 22
  103. 23Paragraph 23
  104. 24Paragraph 24
  105. 25Persons under 18 in education, training or employment
  106. 26Persons outwith Scotland Not yet in force
  107. 27Persons outwith Scotland Not yet in force
  108. 28Public servants and volunteers in similar roles
  109. 29Paragraph 29
  110. 30Paragraph 30
  111. Schedule 2: Investigatory powers of a local weights and measures authority Not yet in force
  112. 1General Not yet in force
  113. 2Power to purchase fireworks Not yet in force
  114. 3Power to observe carrying on of business etc. Not yet in force
  115. 4Power to enter premises without warrant Not yet in force
  116. 5Power to inspect and test fireworks Not yet in force
  117. 6Power to seize and retain items Not yet in force
  118. 7Powers in relation to documents Not yet in force
  119. 8Power to break open container etc. Not yet in force
  120. 9Power of entry with warrant Not yet in force
  121. 10Power to require assistance from person on premises Not yet in force
  122. 11Access to seized items and documents Not yet in force
  123. 12Notice of testing of item Not yet in force
  124. 13Application for release of firework, item or document Not yet in force
  125. 14Compensation Not yet in force