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The Pyrotechnic Articles (Safety) Regulations 2015

S.I. 2015/1553 · Made 19 July 2015 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Consumer Protection

Health And Safety

Made 19th July 2015

Laid before Parliament 21st July 2015

Coming into force 17th August 2015

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to pyrotechnic articles, market surveillance and marking which indicates that a product is in conformity with requirements of EU legislation.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the European Communities Act 1972:

Annotations to the whole text

Marginal citations

M1

S.I. 2009/2743, S.I. 2009/3214.

M2

1972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

M3

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Interpretation
  4. 2AInterpretation: designated standard
  5. 3Definition of “pyrotechnic article”
  6. 4Exception for trade fairs, exhibitions and demonstrations
  7. 5Exception for research, development and testing
  8. Part 2: Obligations of economic operators
  9. Chapter 1: Manufacturers
  10. 6Categorisation
  11. 7Design and manufacture in accordance with essential safety requirements
  12. 8Technical documentation and conformity assessment
  13. 9EU declaration of conformity and CE marking
  14. 10Retention of technical documentation and ... declaration of conformity
  15. 11Labelling of pyrotechnic articles other than pyrotechnic articles for vehicles
  16. 12Labelling of pyrotechnic articles for vehicles
  17. 13Compliance procedures for series production
  18. Chapter 2: Importers
  19. 14Prohibition on placing on the market pyrotechnic articles which are not in conformity
  20. 15Requirements which must be satisfied before an importer places a pyrotechnic article on the market
  21. 16Prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements
  22. 17Information identifying importer
  23. 18Instructions and safety information
  24. 19Retention of technical documentation and ... declaration of conformity
  25. Chapter 3: Manufacturers and importers
  26. 20Traceability
  27. 21Monitoring
  28. 22Duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity
  29. 23Provision of information and cooperation
  30. Chapter 4: Distributors
  31. 24Duty to act with due care
  32. 25Requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market
  33. 26Prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements
  34. 27Duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity
  35. 28Provision of information and cooperation
  36. Chapter 5: Importers and distributors
  37. 29Storage and transport
  38. 30Cases in which obligations of manufacturers apply to importers and distributors
  39. Chapter 6: All economic operators
  40. 31Prohibition on making available to persons younger than the minimum age limit
  41. 32Prohibition on making available to persons without specialist knowledge
  42. 33Prohibitions on making available certain category F2 and F3 fireworks
  43. 34Prohibition on making pyrotechnic articles for vehicles available to members of the general public
  44. 35Supply of UK safety data sheet
  45. 36Translation of declaration of conformity
  46. 37Identification of economic operators
  47. 38Prohibition on improper use of UK marking
  48. 38AObligations which are met by complying with obligations in the Directive
  49. 38BObligations which are met by complying with obligations in the Directive that relate to the registration number
  50. 38CObligations which are met by complying with obligations in the Directive that relate to safety data sheet
  51. 38DConformity assessment procedure obligation which is met by complying with the Directive
  52. 38EFurther use of UK marking
  53. 38FQualifying Northern Ireland Goods
  54. Part 3: Conformity assessment
  55. 39Presumption of conformity
  56. 40Conformity assessment procedures
  57. 41... Declaration of conformity
  58. 42UK marking
  59. 42AUK(NI) indication
  60. 42BRegister of UK notified bodies
  61. Part 4: Notification of conformity assessment bodies Approval of Conformity Assessment Bodies
  62. 43Approved bodies
  63. 44Approval of conformity assessment bodies
  64. 45Presumption of conformity of approved bodies
  65. 46Monitoring
  66. 47Restriction, suspension or withdrawal of approval
  67. 48Operational matters in relation to approved bodies
  68. 49Subsidiaries and contractors
  69. 50Register of approved bodies
  70. 51UK national accreditation body
  71. Part 5: Market surveillance and enforcement
  72. 52Designation of market surveillance authority
  73. 53Enforcement
  74. 54Enforcement powers
  75. 55Exercise of enforcement powers
  76. 56Evaluation of pyrotechnic articles presenting a risk
  77. 57Enforcement action in respect of pyrotechnic articles which are not in conformity and which present a risk
  78. 58EU safeguard procedure
  79. 59Enforcement action in respect of pyrotechnic articles which are in conformity, but present a risk
  80. 60Enforcement action in respect of formal non-compliance
  81. 61Restrictive measures
  82. 62Offences
  83. 63Penalties
  84. 64Defence of due diligence
  85. 65Liability of persons other than principal offender
  86. 66Time limit for prosecution of offences
  87. 67Service of documents
  88. 68Recovery of expenses of enforcement
  89. 69Action by enforcing authority
  90. 70Appeals against notices
  91. 71Appropriate court for appeals against notices
  92. 72Compensation
  93. Part 6: Miscellaneous
  94. 73Review
  95. 74Transitional provisions
  96. 74ATransitional provision in relation to EU Exit
  97. 75Consequential revocations, savings and amendments
  98. Signature
  99. Schedule 1: Categories of pyrotechnic article
  100. 1Fireworks
  101. 2Paragraph 2
  102. 3Paragraph 3
  103. 4Paragraph 4
  104. 5Theatrical pyrotechnic articles
  105. 6Paragraph 6
  106. 7Other pyrotechnic articles
  107. 8Paragraph 8
  108. Schedule 2: Essential safety requirements
  109. 1Paragraph 1
  110. 2Fireworks
  111. 3Other pyrotechnic articles
  112. 4Ignition devices
  113. Schedule 2A: Conformity Assessment Procedures (Annex II to the Directive)
  114. Part 1: Module B: Type Examination
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 4.1Paragraph 4.1
  120. 4.2Paragraph 4.2
  121. 4.3Paragraph 4.3
  122. 4.4Paragraph 4.4
  123. 4.5Paragraph 4.5
  124. 5Paragraph 5
  125. 6Paragraph 6
  126. 7Paragraph 7
  127. 8Paragraph 8
  128. 9Paragraph 9
  129. Part 2: Module C2: Conformity to type based on internal production control plus supervised product checks at random intervals
  130. 1Paragraph 1
  131. 2Paragraph 2
  132. 3Paragraph 3
  133. 4Paragraph 4
  134. 4.1Paragraph 4.1
  135. 4.2Paragraph 4.2
  136. Part 3: Module D: Conformity to type based on quality assurance of the production process
  137. 1Paragraph 1
  138. 2Paragraph 2
  139. 3Paragraph 3
  140. 3.1Paragraph 3.1
  141. 3.2Paragraph 3.2
  142. 3.3Paragraph 3.3
  143. 3.4Paragraph 3.4
  144. 3.5Paragraph 3.5
  145. 4Paragraph 4
  146. 4.1Paragraph 4.1
  147. 4.2Paragraph 4.2
  148. 4.3Paragraph 4.3
  149. 4.4Paragraph 4.4
  150. 5Paragraph 5
  151. 5.1Paragraph 5.1
  152. 5.2Paragraph 5.2
  153. 6Paragraph 6
  154. 7Paragraph 7
  155. Part 4: Module E: Conformity to type based on product quality assurance
  156. 1Paragraph 1
  157. 2Paragraph 2
  158. 3Paragraph 3
  159. 3.1Paragraph 3.1
  160. 3.2Paragraph 3.2
  161. 3.3Paragraph 3.3
  162. 3.4Paragraph 3.4
  163. 3.5Paragraph 3.5
  164. 4Paragraph 4
  165. 4.1Paragraph 4.1
  166. 4.2Paragraph 4.2
  167. 4.3Paragraph 4.3
  168. 4.4Paragraph 4.4
  169. 5Paragraph 5
  170. 5.1Paragraph 5.1
  171. 5.2Paragraph 5.2
  172. 6Paragraph 6
  173. 7Paragraph 7
  174. Part 5: Module G: Conformity based on unit verification
  175. 1Paragraph 1
  176. 2Paragraph 2
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 5Paragraph 5
  180. 5.1Paragraph 5.1
  181. 5.2Paragraph 5.2
  182. Part 6: Module H: Conformity based on full quality assurance
  183. 1Paragraph 1
  184. 2Paragraph 2
  185. 3Paragraph 3
  186. 3.1Paragraph 3.1
  187. 3.2Paragraph 3.2
  188. 3.3Paragraph 3.3
  189. 3.4Paragraph 3.4
  190. 3.5Paragraph 3.5
  191. 4Paragraph 4
  192. 4.1Paragraph 4.1
  193. 4.2Paragraph 4.2
  194. 4.3Paragraph 4.3
  195. 4.4Paragraph 4.4
  196. 5Paragraph 5
  197. 5.1Paragraph 5.1
  198. 5.2Paragraph 5.2
  199. 6Paragraph 6
  200. 7Paragraph 7
  201. Schedule 3: Labelling: required information
  202. 1Labelling
  203. 2Additional instructions and safety information
  204. 3Paragraph 3
  205. 4Paragraph 4
  206. 5Paragraph 5
  207. 6Paragraph 6
  208. Schedule 3ADeclaration of Conformity (Annex III to the Directive)
  209. Schedule 4: Persons with specialist knowledge
  210. 1Person with specialist knowledge: category F4 fireworks
  211. 2Person with specialist knowledge: category T2 theatrical pyrotechnic articles
  212. 3Person with specialist knowledge: category P2 other pyrotechnic articles
  213. 4Person with specialist knowledge: officers of enforcing authorities
  214. 5Interpretation
  215. Schedule 5: Notified Approved body requirements
  216. 1Paragraph 1
  217. 2Paragraph 2
  218. 3Paragraph 3
  219. 4Paragraph 4
  220. 5Paragraph 5
  221. 6Paragraph 6
  222. 7Paragraph 7
  223. 8Paragraph 8
  224. 9Paragraph 9
  225. 10Paragraph 10
  226. 11Paragraph 11
  227. 12Paragraph 12
  228. 13Paragraph 13
  229. 14Paragraph 14
  230. 15Paragraph 15
  231. 16Paragraph 16
  232. 17Paragraph 17
  233. Schedule 6: Operational obligations of notified approved bodies
  234. 1Paragraph 1
  235. 2Paragraph 2
  236. 3Paragraph 3
  237. 4Paragraph 4
  238. 5Paragraph 5
  239. 5AParagraph 5A
  240. 6Paragraph 6
  241. 6AParagraph 6A
  242. 7Paragraph 7
  243. 8Paragraph 8
  244. 9Paragraph 9
  245. 10Paragraph 10
  246. 11Paragraph 11
  247. 12Paragraph 12
  248. 13Paragraph 13
  249. 14Paragraph 14
  250. 15Paragraph 15
  251. Schedule 7: Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act
  252. 1Enforcement powers under the 1987 Act
  253. 2Modifications to the 1987 Act
  254. Schedule 8: Enforcement powers of the Health and Safety Executive under the 1974 Act
  255. 1Enforcement powers under the 1974 Act
  256. 2Modifications to the 1974 Act
  257. Schedule 9: Compliance, withdrawal and recall notices
  258. 1Compliance notice
  259. 2Withdrawal notice
  260. 3Recall notice
  261. 4Interpretation
  262. Schedule 10: Consequential amendments to the Fireworks Regulations 2004
  263. 1Paragraph 1
  264. 2Paragraph 2
  265. 3Paragraph 3
  266. 4Paragraph 4
  267. 5Paragraph 5
  268. 6Paragraph 6
  269. Schedule 11: Consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002
  270. 1Paragraph 1
  271. 2Paragraph 2
  272. 3Paragraph 3
  273. 4Paragraph 4
  274. 5Paragraph 5
  275. 6Paragraph 6
  276. 7Paragraph 7
  277. 8Paragraph 8
  278. Explanatory note