Section 1 Destruction of dangerous fireworks.

Where F1an inspector appointed by the Health and Safety Executive under section 19 of the M1Health and Safety at Work etc. Act 1974 finds in a factory, magazine or store fireworks which he has reason for thinking may be dangerous when in the possession of the public, he may take a number of them as a sample and require the occupier of the factory, magazine or store to keep the remainder of such fireworks in the factory, magazine or store for a period of three weeks, or such shorter period as the inspector may specify, and to take such steps as the inspector may specify to secure that they are not moved or tampered with during that period.

If the Secretary of State is satisfied as a result of examination and testing that the fireworks removed by the inspector would be dangerous when in the possession of the public and is satisfied that the sample is a fair one, the Secretary of State may require the occupier to deliver at the factory, magazine or store the fireworks kept there in pursuance of the inspector’s requirement to a person authorised by the Secretary of State to receive them; and the Secretary of State shall cause the fireworks so delivered to be destroyed or otherwise rendered harmless and disposed of as he directs.

Where the Secretary of State does not act under subsection (2) of this section, he shall return to the occupier any fireworks forming part of the sample unless their value after examination and testing is so small that it appears to him unreasonable so to do.

If the occupier fails to comply with any requirement made under this section, he shall be liable on summary conviction to a fine not exceeding F2level 3 on the standard scale.

References in this section to fireworks include references to partly finished fireworks but in considering whether they would be dangerous it shall be assumed that they are finished before they come into the possession of the public.