Regulation 3 Definition of “pyrotechnic article”E1

England, Wales and Scotland

(1)

In these Regulations, a “pyrotechnic article” is an article which—

(a)

contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions; and

(b)

is not excluded by paragraph (2).

(2)

The following articles are excluded from the definition in paragraph (1)—

(a)

articles which have been placed on the market before the commencement date;

(b)

articles intended for non-commercial use by—

(i)

the armed forces;

(ii)

a police force in England and Wales;

(iii)

the Police Service of Scotland;

(iv)

the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve or the Northern Ireland Policing Board;

(v)

the British Transport Police;

(vi)

the Ministry of Defence Police Force;

(vii)

the Civil Nuclear Constabulary;

(viii)

a police force for a harbour, port, airport, park, garden or forest in the United Kingdom or with a specialised function in the United Kingdom;

(ix)

the National Crime Agency;

(x)

a fire and rescue service authority within the meaning of section 1 or a combined authority within the meaning of section 2 or 4 of the Fire and Rescue Services Act 2004 M1;

(xi)

the Scottish Fire and Rescue Service; or

(xii)

the Northern Ireland Fire and Rescue Board;

(c)

articles falling within the scope of Council Directive 96/98/EC on marine equipment M2;

(d)

articles intended for use in the aerospace industry;

(e)

percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys M3;

(f)

explosives falling within the scope of Council Directive 93/15/EEC on the harmonization of the use of the provisions relating to the placing on the market of explosives for civil uses M4;

(g)

projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery; and

(h)

fireworks which—

(i)

are built by a manufacturer established in the United Kingdom;

(ii)

are built for the manufacturer's own use; and

(iii)

comply with the law applicable to such fireworks (excluding these Regulations).

Annotations

Marginal citations

M1: 2004 c.21.
M2: OJ L 46, 17.02.1997, p. 25.
M3: OJ L 170, 30.6.2009, p. 1.
M4: OJ L 121, 15.5.1993, p. 20.

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only