Fireworks and Pyrotechnic Articles (Scotland) Act 2022
2022 asp 9 · Enacted 10 August 2022 · Extends to Scotland
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
- Part 1: Key concepts
- 1Meaning of “firework” and “pyrotechnic article”
- 2Categories of fireworks
- Part 2: Fireworks licensing Not yet in force
- Fireworks which require a licence Not yet in force
- 3Application of Part Not yet in force
- Fireworks licensing Not yet in force
- 4Requirement to have fireworks licence Not yet in force
- 5Supply of fireworks to unlicensed persons Not yet in force
- Process for licensing Not yet in force
- 6Applying for fireworks licence: general requirements Not yet in force
- 7Applying for fireworks licence: mandatory requirements Not yet in force
- 8Fireworks training course Not yet in force
- 9Grant of fireworks licence Not yet in force
- 10Fireworks licence: conditions and further provision Not yet in force
- 11Register of fireworks licence applications and licensed persons Not yet in force
- 12Revocation of fireworks licence Not yet in force
- 13Notification of convictions and cancellation of fireworks licence Not yet in force
- 14Appeals Not yet in force
- Offences relating to fireworks licence applications Not yet in force
- 15False statements Not yet in force
- 16False or altered licences and documents Not yet in force
- General Not yet in force
- 17Power of Scottish Ministers to make arrangements for certain functions Not yet in force
- 18Power to make further provision Not yet in force
- 19Regulations: consultation Not yet in force
- Part 3: Restrictions on supply and use of fireworks and pyrotechnic articles
- Application of Part
- 20Application of Part
- Prohibition on supply to children
- 21Prohibition on providing fireworks or pyrotechnic articles to children
- Days of supply and use of fireworks Not yet in force
- 22Restriction on days of supply of fireworks Not yet in force
- 23Alignment of days when licence required to supply Not yet in force
- 24Restriction on days of use of fireworks Not yet in force
- Compensation Not yet in force
- 25Compensation for specialist firework businesses affected by section 22 Not yet in force
- Part 4: Firework control zones
- 26Application of Part
- 27Firework control zones
- 28Prior consultation on proposals
- 29Publication of decision on proposal
- 30Publicising firework control zones
- 31Review of operation and effectiveness
- 32Power to make further provision
- 33Guidance
- Part 5: Pyrotechnic articles in public places and at designated venues and events
- 34Application of Part
- 35Prohibition of pyrotechnic articles in public places
- 36Prohibition of pyrotechnic articles at designated venues or events
- 37Designation of venues or events
- Part 6: Exemptions, enforcement and other matters
- Exemptions
- 38Exemptions from offences in Act
- Powers of local weights and measures authorities Not yet in force
- 39Powers of local weights and measures authorities Not yet in force
- Powers of constables
- 40Power of entry etc. with warrant
- 41Search for fireworks or pyrotechnic articles without warrant
- Offences in relation to enforcement Not yet in force
- 42Offence of obstructing officer of a local weights and measures authority Not yet in force
- 43Offence of impersonating officer of a local weights and measures authority Not yet in force
- Aggravation of offences against emergency workers
- 44Aggravation of offences against emergency workers
- Miscellaneous
- 45Time limit for prosecution of offences
- 46Presumptions in proceedings under this Act
- 47Certificates as to proof of certain matters
- 48Forfeiture and disposal of fireworks and pyrotechnic articles
- 49Individual culpability for offending by an organisation
- Part 7: General provisions
- 50Report on operation of Act
- 51Interpretation
- 52Regulations
- 53Ancillary provision
- 54Crown application: criminal offences
- 55Crown application: powers of entry
- 56Commencement
- 57Short title
- Schedule 1: Exemptions
- 1Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
- 2Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
- 3Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
- 4Regulatory authorities or those acting under the direction of a regulatory authority Not yet in force
- 5Paragraph 5
- 6Paragraph 6
- 7Professional organisers or operators of fireworks displays or pyrotechnics displays Not yet in force
- 8Professional organisers or operators of fireworks displays or pyrotechnics displays Not yet in force
- 9Professional organisers or operators of fireworks displays or pyrotechnics displays Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12
- 13Paragraph 13
- 14Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
- 15Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
- 16Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
- 17Business or supply in accordance with Pyrotechnic Articles (Safety) Regulations 2015 Not yet in force
- 18Paragraph 18
- 19Paragraph 19
- 20Organiser of a public fireworks display Not yet in force
- 21Organiser of a public fireworks display Not yet in force
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Persons under 18 in education, training or employment
- 26Persons outwith Scotland Not yet in force
- 27Persons outwith Scotland Not yet in force
- 28Public servants and volunteers in similar roles
- 29Paragraph 29
- 30Paragraph 30
- Schedule 2: Investigatory powers of a local weights and measures authority Not yet in force
- 1General Not yet in force
- 2Power to purchase fireworks Not yet in force
- 3Power to observe carrying on of business etc. Not yet in force
- 4Power to enter premises without warrant Not yet in force
- 5Power to inspect and test fireworks Not yet in force
- 6Power to seize and retain items Not yet in force
- 7Powers in relation to documents Not yet in force
- 8Power to break open container etc. Not yet in force
- 9Power of entry with warrant Not yet in force
- 10Power to require assistance from person on premises Not yet in force
- 11Access to seized items and documents Not yet in force
- 12Notice of testing of item Not yet in force
- 13Application for release of firework, item or document Not yet in force
- 14Compensation Not yet in force