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The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023

S.S.I. 2023/176 · Made 6 June 2023

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Fireworks

Made 6th June 2023

Laid before the Scottish Parliament 8th June 2023

Coming into force 22nd June 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 56(2) and (3) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022f1.

Annotations to the whole text

Footnotes

f1

2022 asp 9.

Contents

  1. 1Citation and commencement
  2. 2Appointed Day
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023 and come into force on 22 June 2023.

2Appointed Day

(1)

22 June 2023 is the day appointed for the coming into force of the provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 specified in column 1 of the table in the schedule (the subject matter of which is described in the corresponding entry in column 2 of the table).

(2)

Where a purpose is specified in column 3 of the table in the schedule, the corresponding provision in column 1 comes into force in accordance with paragraph (1) only for that purpose.

Signature

SIOBHIAN BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

6th June 2023

Column 1

(provisions of the Act)

Column 2

(subject matter)

Column 3

(purpose)

Section 26Application of Part 4
Section 27Firework control zones
Section 28Prior consultation on proposals
Section 29Publication of decision on proposal
Section 30Publicising firework control zones
Section 31Review of operation and effectiveness
Section 32Power to make further provision
Section 33Guidance
Section 38(1)Exemptions from offences in ActFor the purpose of paragraphs 5, 12, 18 and 22 of schedule 1.
Schedule 1, paragraphs 5, 12 18 and 22Exemptions from offences in section 27

Explanatory note

(This note is not part of the Regulations)

These Regulations make provision for the commencement, on 22 June 2023, of the following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”): sections 26, 27, 28, 29, 30, 31, 32, 33 and 38(1) (partially, insofar as that subsection relates to certain provisions of schedule 1), and paragraphs 5, 12, 18 and 22 of schedule 1.

The Act makes provision in relation to regulating the use, supply and possession of fireworks and other pyrotechnic articles. The sections commenced by these Regulations confer powers on local authorities to designate a place within their area as a firework control zone, and make provision as to how those powers are to be exercised. Section 27(2) provides that the use of fireworks within a firework control zone, or the firing of a firework into such a zone, is an offence. Paragraphs 5, 12, 18 and 22 of schedule 1 set out exemptions permitting the use of fireworks in a firework control zone in particular circumstances.

The Bill for the Act received Royal Assent on 10 August 2022. By virtue of section 56 of the Act, sections 50, 51, 52, 53, 56 and 57 came into force on the day following Royal Assent.