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The Pyrotechnic Articles (Safety) Regulations 2015 in Wales

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