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Regulation 3 Prohibition of use of certain fireworks outside permitted hoursF5I1

Scotland

(1)

Subject to paragraph (2) below, no person shall use an adult firework F1outside permitted hours.

(2)

Paragraph (1) above shall not prohibit the use of a firework–

(a)

during a permitted fireworks night;

(b)

by any person who is employed by a local authority and who uses the firework in question–

(i)

for the purposes of putting on a firework display by that local authority; or

(ii)

at a national public celebration or a national commemorative event; F2...

(c)

in accordance with a dispensation granted under regulation 4 below; F3or

(d)

from 07.00 until 18.00, provided it is by a person—

(i)

who is employed by, or in business as, a professional organiser or operator of firework displays, and who uses the firework in question—

(aa)

for the purposes of putting on a firework display for their employer or in the course of their business (as the case may be); or

(bb)

at a national public celebration or a national commemorative event;

(ii)

who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and who uses the firework in question for purposes which are necessary in connection with that trade or business;

(iii)

who is the organiser of a public fireworks display (or who is assisting such an organiser), and who uses the firework in question for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation; or

(iv)

who is employed by, or acting under the direction of, a regulatory authority, and who uses the firework in question in the exercise of that authority’s powers or duties in connection with the regulation, or use, of fireworks.

F4(3)

In this regulation:

(a)

“permitted fireworks night” means a period—

(i)

beginning at 23.00 on the first day of the Chinese New Year and ending at 01.00 the following day;

(ii)

beginning at 23.00 on 5th November and ending at 24.00 on 5th November;

(iii)

beginning at 23.00 on the day of Diwali and ending at 01.00 the following day; or

(iv)

beginning at 23.00 on 31st December and ending at 01.00 the following day;

(b)

“permitted hours” means the period beginning at 18.00 and ending at 23.00;

(c)

“a regulatory authority” means—

(i)

the Chief Constable of the Police Service of Scotland;

(ii)

the Health and Safety Executive;

(iii)

a local authority;

(iv)

a weights and measures authority.

Annotations

Textual amendments

F1

Words in reg. 3(1) substituted (30.6.2021) by The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 (S.S.I. 2021/79), regs. 1(2), 2(3)(b)

F2

Word in reg. 3(2) omitted (30.6.2021) by virtue of The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 (S.S.I. 2021/79), regs. 1(2), 2(3)(c)(i)

F3

Reg. 3(2)(d) and word inserted (30.6.2021) by The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 (S.S.I. 2021/79), regs. 1(2), 2(3)(c)(ii)

F4

Reg. 3(3) substituted (30.6.2021) by The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 (S.S.I. 2021/79), regs. 1(2), 2(3)(d)

F5

Words in reg. 3 heading substituted (30.6.2021) by The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021 (S.S.I. 2021/79), regs. 1(2), 2(3)(a)

Commencement

I1

Reg. 3 in force at 7.10.2004, see reg. 1(1)