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You are here: BAILII >> Databases >> Acts of the Scottish Parliament >> Fireworks and Pyrotechnic Articles (Scotland) Act 2022 URL: http://www.bailii.org/scot/legis/num_act/2022/asp_20229_en_1.html |
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This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 29th June 2022 and received Royal Assent on 10th August 2022
An Act of the Scottish Parliament to make provision for licensing the purchase, acquisition, possession and use of certain fireworks; to prevent the supply of certain fireworks and pyrotechnic articles to persons under the age of 18; to limit the supply and use of certain fireworks to particular periods; to provide for the creation of firework control zones; to make provision prohibiting possession of fireworks and pyrotechnic articles in certain circumstances; and for connected purposes.
(1) In this Act—
“ firework” means a pyrotechnic article which—
is a firework for the purposes of the following British Standards or any British Standard replacing them—
BS EN 15947:2015, or
BS EN 16261:2012, or
would be a firework for those purposes if it were intended as a form of entertainment,
“ pyrotechnic article” means an article which 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.
(2) But, for the purposes of this Act, a projectile, propelling charge or blank ammunition used in a portable firearm, other gun or artillery is not a pyrotechnic article.
(3) The Scottish Ministers may by regulations modify—
(a) subsection (1)to amend or replace the definition of “firework”, or
(b) subsection (2) to add, amend or remove articles or descriptions of types of articles that are not to be treated as a pyrotechnic article for the purposes of this Act.
(4) Regulations undersubsection (3)are subject to the affirmative procedure.
(1) In this Act—
“ category F1 firework” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings,
“ category F2 firework” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas,
“ category F3 firework” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health,
“ category F4 firework” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.
(2) The Scottish Ministers may by regulations—
(a) modifysubsection (1)to add, amend or remove categories, types, classifications or descriptions of fireworks,
(b) make further provision about the requirements a person must meet to demonstrate “ specialist knowledge” for the purposes of the definition of a “category F4 firework”.
(3) Regulations—
(a) under subsection(2)(a)are subject to the affirmative procedure,
(b) undersubsection (2)(b)are subject to the negative procedure.
(1) This Part applies to the following fireworks—
(a) category F2 fireworks, and
(b) category F3 fireworks.
(2) The Scottish Ministers may by regulations modifysubsection (1)to add, amend or remove categories, types, classifications or descriptions of fireworks.
(3) Regulations under subsection(2)are subject to the affirmative procedure.
(1) It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence.
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) It is not an offence under subsection(1)for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence.
(4) This section is subject to section38and schedule1(exemptions).
(1) It is an offence for a person, without reasonable excuse, to supply a firework to whichthis Partapplies to a person who does not have a fireworks licence.
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) It is a defence for a person charged with an offence under subsection(1)to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1.
(4) It is the duty of each local weights and measures authority to enforcethis sectionin its area in so far as it relates to the supply of fireworks by a person in the course of business.
(5) In this section, “supply” of a firework includes—
(a) selling it,
(b) exchanging it for a consideration other than money,
(c) giving it as a prize or otherwise making a gift of it,
(d) otherwise making the firework available.
(6) This section is subject to section38and schedule1(exemptions).
(1) A person aged 18 years or over may apply to the Scottish Ministers for the grant of a fireworks licence.
(2) An application for a fireworks licence must—
(a) comply with any regulations made under subsection(3), and
(b) comply with the mandatory requirements in section7.
(3) The Scottish Ministers may by regulations—
(a) set out the form and content of the application,
(b) specify the manner in which applications must be made,
(c) specify the information to be provided in the application,
(d) specify any supporting documents to be provided by an applicant,
(e) set the fees payable (if any) and specify to whom the fees are payable, and
(f) make provision for the time in which an application must be made.
(4) Without limiting the generality of subsection(3)(e), when setting the fees payable under this section the Scottish Ministers—
(a) must have regard to the reasonable costs of carrying out functions under this Part, but
(b) if it is considered appropriate to do so, may charge a nominal fee or remit the fee altogether.
(5) Regulations under subsection(3)are subject to the negative procedure.
(1) When applying for a fireworks licence, an applicant must—
(a) disclose any convictions in relation to a relevant offence,
(b) disclose details of any previous fireworks licences that were revoked or cancelled, and
(c) provide evidence of having completed a fireworks training course on the safe, lawful and appropriate use of fireworks that complies with section8no earlier than 3 months before making the application.
(2) The Scottish Ministers may by regulations specify additional mandatory requirements that an applicant for a fireworks licence must meet.
(3) Regulations under subsection(2)are subject to the negative procedure.
(4) In this section, “ relevant offence” means—
(a) an offence under this Act,
(b) an offence under—
(i) the Fireworks Act 2003 and any regulations made under that Act,
(ii) the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553),
(iii) the Explosives Substances Act 1883, or
(iv) the Explosives Act 1875,
(c) wilful fire-raising or culpable and reckless fire-raising, or
(d) any other offence where the misuse of fire, fireworks or pyrotechnic articles has been a factor.
(1) The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section7(1)(c).
(2) Regulations under subsection(1)may include provision for—
(a) training requirements, such as—
(i) the content of such courses,
(ii) the accreditation by the Scottish Ministers of such courses and the persons providing such courses, and
(iii) requiring that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be specified in the regulations,
(b) the form of such courses,
(c) the minimum criteria for successful completion of such courses, and
(d) how successful completion of such courses is recorded.
(3) Any person providing a fireworks training course must have regard to any guidance issued by the Scottish Ministers for the purposes of this section.
(4) The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance).
(5) Regulations under subsection(1)are subject to the negative procedure.
(1) The Scottish Ministers may grant a fireworks licence only if—
(a) a valid application and any applicable fees have been received,
(b) the requirements under sections6and7have been met, and
(c) they are satisfied that the applicant can be permitted to possess and use fireworks safely, lawfully and appropriately.
(2) If the Scottish Ministers decide to refuse to grant a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.
(1) All fireworks licences are subject to the following conditions—
(a) a licence is valid only for the person named on the licence and is not transferable,
(b) a licence is valid only for the period specified on the licence, and
(c) a licensed person must inform the Scottish Ministers of any change of circumstances specified in regulations under subsection(4)(c).
(2) The Scottish Ministers—
(a) must attach to a fireworks licence any additional conditions specified in regulations under subsection (4)(d)(i), and
(b) may attach to a fireworks licence any optional conditions specified in regulations under subsection (4)(d)(ii).
(3) If the Scottish Ministers decide to attach an optional condition to a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.
(4) The Scottish Ministers may by regulations—
(a) specify the form and content of a fireworks licence,
(b) determine the length of time for which licences may be granted,
(c) specify the changes of circumstances that a licensed person must inform the Scottish Ministers of, and
(d) make provision for any—
(i) additional conditions that must be attached to a fireworks licence, and
(ii) optional conditions that may be attached to a fireworks licence.
(5) Regulations under subsection(4)are subject to the negative procedure.
(1) The Scottish Ministers must establish and maintain a register of fireworks licence applications and licensed persons.
(2) The Scottish Ministers may by regulations make provision for—
(a) the details of licence applications required to be kept on the register, including whether or not an application was granted and, if applicable, the grounds for refusal,
(b) the details about licensed persons required to be kept on the register, and
(c) the length of time such details are to be kept on the register.
(3) Regulations under subsection(2)are subject to the negative procedure.
(1) The Scottish Ministers may revoke a person’s fireworks licence if—
(a) the person breaches any condition of the licence, or
(b) the person is convicted of a relevant offence (whether or not the convicting court cancelled the fireworks licence under section13).
(2) A person whose fireworks licence is revoked underthis sectionis prohibited from applying for a new fireworks licence—
(a) in a case where the licence was cancelled by a court undersection 13, within the period specified insection 13(3), or
(b) in any other case, within the period of 12 months beginning with day on which the licence was revoked.
(3) A fireworks licence is revoked by the Scottish Ministers giving notice of the revocation to the person who has the fireworks licence.
(4) A notice under subsection(3)must—
(a) be given no later than 7 days before it is to take effect, and
(b) require the person to surrender—
(i) the person’s fireworks licence, and
(ii) any firework to whichthis Partapplies in the person’s possession,
in the manner and by the date specified in the notice.
(5) It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection(3).
(6) A person who commits an offence under subsection(5)is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
(7) If the Scottish Ministers decide to revoke a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.
(8) If a person appeals under section14against a decision to revoke the person’s fireworks licence—
(a) the revocation does not take effect, but
(b) the person must still comply with the requirements of the notice given under subsection(3),
pending the determination or withdrawal of the appeal.
(9) Inthis section, “ relevant offence” has the meaning given in section7(4).
(1) This section applies if a person who has a fireworks licence is convicted of a relevant offence.
(2) The court may cancel the person’s fireworks licence.
(3) A person whose fireworks licence is cancelled under this section is prohibited from applying for a new fireworks licence within the period of 12 months beginning with the day on which the licence was cancelled.
(4) If the court cancels the person’s fireworks licence, it—
(a) must notify the Scottish Ministers of the cancellation, and
(b) may make an order for forfeiture under section48.
(5) If the court does not cancel the person’s fireworks licence, it must notify the Scottish Ministers of the conviction.
(6) In this section, “ relevant offence” has the meaning given in section7(4).
(1) A person may appeal to the appropriate sheriff against a decision of the Scottish Ministers—
(a) to refuse to grant the person a fireworks licence under section9,
(b) to attach an optional condition to the person’s fireworks licence under section10(2)(b), or
(c) to revoke the person’s fireworks licence under section12(1).
(2) An appeal must be made within the period of 21 days beginning with the day on which the decision appealed against was made.
(3) An appeal under this section is to be determined on the merits (and not by way of review).
(4) The sheriff hearing the appeal may consider any evidence or other matter, whether or not it was available at the time the Scottish Ministers made the decision being appealed against.
(5) On determining the appeal, the sheriff may—
(a) dismiss the appeal,
(b) give the Scottish Ministers such direction as the sheriff considers appropriate in respect of the decision that is the subject of the appeal.
(6) The determination of the sheriff may be appealed against only on a point of law.
(7) In this section, “ the appropriate sheriff” means—
(a) in a case where the appellant resides in Scotland, a sheriff of the sheriffdom in which the appellant resides, or
(b) in a case where the appellant resides outwith Scotland, a sheriff of the sheriffdom of Lothian and Borders, sitting at Edinburgh.
(1) It is an offence for a person to knowingly or recklessly make any statement which is false in any material particular for the purposes of obtaining a fireworks licence.
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(1) It is an offence for a person to produce a false fireworks licence or other false document purporting to prove an exemption underschedule 1.
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(1) The Scottish Ministers may make arrangements for a person to perform some or all of their functions under this Part.
(2) Subsection(1)does not include any power of the Scottish Ministers to make regulations under this Part.
(3) The making of arrangements under this section to perform a function does not—
(a) affect the Scottish Ministers’ responsibility for the performance of the function, or
(b) prevent the Scottish Ministers from performing the function.
(1) The Scottish Ministers may by regulations make further provision for the purposes of this Part.
(2) Without limiting the generality of subsection(1), regulations under that subsection may make provision—
(a) about the verification of applications and supporting documents,
(b) about the sharing of information (for example, in connection with the verification of applications or the enforcement of this Part).
(3) Regulations under subsection(1)are subject to the affirmative procedure.
(1) Before making any regulations under this Part, the Scottish Ministers must consult such persons as they consider are likely to be interested in or affected by the licensing of fireworks.
(2) Subsection (1) does not apply to regulations under section3.
(1) In this Part—
(a) section21applies to all pyrotechnic articles other than—
(i) category F1 fireworks, and
(ii) percussion caps for toys that are intended for use by children under the age of 14,
(b) section22applies to—
(i) category F2 fireworks, and
(ii) category F3 fireworks, and
(c) section24applies to—
(i) category F2 fireworks, and
(ii) category F3 fireworks.
(2) The Scottish Ministers may by regulations—
(a) modify subsection(1)(a)to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles, and
(b) modify subsection(1)(b)or(c)to add, amend or remove categories, types, classifications or descriptions of fireworks.
(3) Regulations under subsection(2)are subject to the affirmative procedure.
(1) It is an offence for a person to knowingly—
(a) buy or attempt to buy a firework or other pyrotechnic article to which this section applies for a person under the age of 18, or
(b) give or otherwise make available a firework or other pyrotechnic article to which this section applies to a person under the age of 18.
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) It is not an offence under subsection(1)for a person to buy or attempt to buy a pyrotechnic article for, or give or otherwise make one available to, a person under the age of 18 if—
(a) the manufacturer of the pyrotechnic article designed it to be used as a visual distress signal, and
(b) the person intends that the person under the age of 18 will use the pyrotechnic article only in appropriate circumstances.
(4) This section is subject to section38and schedule1(exemptions).
(1) It is an offence for a person to supply fireworks to which this section applies on days other than those specified in subsection(3).
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) The supply of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)—
(a) 7 April to 14 April,
(b) 27 October to 10 November,
(c) 26 December to 31 December,
(d) the first day of Chinese New Year and the 3 days immediately preceding it,
(e) the first day of Diwali and the 3 days immediately preceding it.
(4) It is a defence for a person charged with an offence under subsection(1)to show that the person took reasonable steps to establish that the person to whom the fireworks were supplied was exempt underschedule 1.
(5) It is the duty of each local weights and measures authority to enforce this section in its area.
(6) The Scottish Ministers may by regulations modify subsection(3)to add, amend or remove a day or a period of days.
(7) Regulations under subsection(6)are subject to the affirmative procedure.
(8) In this section, “supply” of fireworks includes—
(a) selling them,
(b) exchanging them for any consideration other than money, and
(c) giving them as a prize or otherwise making a gift of them,
but does not include supplying them otherwise than in the course of a business.
(9) This section is subject to section38and schedule1(exemptions).
(1) The Fireworks Regulations 2004 ( S.I. 2004/1836) are modified as follows.
(2) Regulation 9(2) has effect as if for the days and periods specified in paragraphs (a) to (d) of that regulation (being the days on which certain fireworks may be supplied or exposed for supply without requiring a licence granted under regulation 9(1)), there are substituted the days and periods specified in section 22(3) of this Act.
(3) The modification in subsection (2) applies only in relation to—
(a) category F2 fireworks, and
(b) category F3 fireworks.
(1) It is an offence for a person to use fireworks to which this section applies on days other than those specified in subsection(3).
(2) A person who commits an offence under subsection(1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) The use of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)—
(a) 7 April to 16 April,
(b) 27 October to 12 November,
(c) 26 December to 2 January,
(d) the 3 days immediately preceding the first day of Chinese New Year to the seventh day after the first day of Chinese New Year,
(e) the 3 days immediately preceding the first day of Diwali to the seventh day after the first day of Diwali.
(4) The Scottish Ministers may by regulations modify subsection(3)to add, amend or remove a day or a period of days.
(5) Regulations under subsection(4)are subject to the affirmative procedure.
(6) This section is subject to section38and schedule1(exemptions).
(1) The Scottish Ministers may by regulations make provision for or about the payment of compensation to relevant persons in consequence of—
(a) the coming into force ofsection 22, or
(b) the coming into force of a modification undersection 22(6)which further limits the days on which fireworks may be supplied.
(2) Insubsection (1), a “relevant person” is a person whose trade or business was wholly or mainly concerned with the supply, distribution or importation of fireworks in Scotland immediately before the coming into force ofsection 22or a modification of the kind described insubsection (1)(b).
(3) Without limiting the generality ofsubsection (1), regulations under that subsection may—
(a) make further provision about who qualifies as a relevant person,
(b) set out the circumstances in which compensation is payable,
(c) make provision about the calculation of compensation,
(d) set out the procedure to be followed in connection with claiming compensation,
(e) provide for the review of decisions made under the regulations, and
(f) make provision about appeals against decisions made under the regulations.
(4) Regulations underthis sectionare subject to the affirmative procedure.
(1) This Partapplies to—
(a) category F2 fireworks,
(b) category F3 fireworks, and
(c) category F4 fireworks.
(2) The Scottish Ministers may by regulations modifysubsection (1)to add, amend or remove categories, types, classifications or descriptions of fireworks.
(3) Regulations under subsection(2)are subject to the affirmative procedure.
(1) At any time, a local authority may (in accordance withthis Part)—
(a) designate a place within its area as a firework control zone,
(b) amend a zone (including the period for which it is to have effect or days on which it is to operate), or
(c) revoke a zone.
(2) It is an offence for a person to—
(a) ignite a firework to whichthis Partapplies in a firework control zone, or
(b) knowingly or recklessly—
(i) throw or cast a lit firework to whichthis Partapplies into a firework control zone, or
(ii) fire a firework to whichthis Partapplies into a firework control zone.
(3) A firework control zone operates and the offence insubsection (2)applies on all days that the zone has effect unless the designation specifies particular days on which the zone is to operate, in which case the offence applies on those days only.
(4) A person who commits an offence under subsection(2)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(5) This sectionis subject tosection 38andschedule 1(exemptions).
(1) Before designating a place as a firework control zone or amending or revoking a zone, a local authority must—
(a) prepare and publish its proposal in relation to the designation, amendment or revocation of the zone, and
(b) consult—
(i) persons who live or work in the place which will be affected by the proposal,
(ii) other members of the local community in or near the place,
(iii) any other persons or bodies that the local authority considers to have a connection with, be interested in or affected by the proposal.
(2) The proposal must, in particular, set out—
(a) the reasons for the proposed designation of a place as a firework control zone, or, as the case may be, the amendment or revocation of a zone,
(b) the boundaries of the zone,
(c) the date from which the proposal is to have effect and the date on which it is proposed that the zone is to cease to have effect,
(d) the consultation dates, and
(e) how the consultation is to be conducted.
(3) The proposal may set out specific days on which the zone is to operate for the purpose ofsection 27(3).
(1) Following a consultation on a proposal published undersection 28(1), a local authority must publish a document which—
(a) confirms whether or not it is proceeding with the proposal,
(b) sets out any changes to the proposal which have been made (whether or not as a result of the consultation), and
(c) explains how it had regard to the views expressed during the consultation process.
(2) The local authority must publish the document—
(a) as soon as practicable after the decision in relation to the proposal is made, and
(b) where a decision has been made to proceed with the proposal, at least 60 days before the day on which the proposal is to have effect.
As soon as practicable after a document is published under section 29 confirming that a proposal is proceeding, the local authority must take reasonable steps to inform the persons mentioned in section 28(1)(b) of—
(a) the date any decision to designate a place as a firework control zone or amend or revoke a zone is to have effect (and, if different, the days on which it is to operate),
(b) the boundaries of the zone (or any changes to those boundaries),
(c) what is permissible within a zone, the exemptions that apply and the consequences of failure to comply,
(d) such other information as the Scottish Ministers may specify in regulations made under section 32.
(1) A local authority must carry out reviews of the operation and effectiveness of its firework control zones.
(2) A review under this section may—
(a) be in respect of one or more firework control zones, and
(b) be combined with a proposal undersection 28to amend or revoke a zone.
(3) On completion of a review, the local authority must—
(a) prepare and publish a report of the review's findings, and
(b) make such proposals in relation to the zone (or zones) as it considers appropriate.
(4) Regulations made undersection 32may specify a minimum frequency for reviews under this section.
(1) The Scottish Ministers may by regulations make further provision about firework control zones and the procedures to be followed to designate a place as a zone, or to amend or revoke one.
(2) Without limiting the generality ofsubsection (1), regulations under that subsection may—
(a) set limits on—
(i) the size of place that may be designated a firework control zone,
(ii) the cumulative area that a local authority may designate as such zones,
(b) specify the manner in which a local authority is to designate a place as a zone, or to amend or revoke one,
(c) specify information that must be included when designating a place as a zone, or amending or revoking one,
(d) make further provision in relation to zones that operate on specific days only,
(e) make further provision relating to the consultation process,
(f) make provision relating to the publication of documents required underthis Part,
(g) make further provision in relation to the reviewing and reporting on the operation and effectiveness of zones in its area.
(3) Regulations under subsection(1)are subject to the negative procedure.
(1) Local authorities must have regard to any guidance issued by the Scottish Ministers for the purposes ofthis Part.
(2) The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance).
(1) In this Part—
(a) section 35 applies to all pyrotechnic articles except category F1 fireworks, and
(b) section 36 applies to all pyrotechnic articles.
(2) The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles.
(3) Regulations under subsection(2)are subject to the affirmative procedure.
(1) It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies in a public place.
(2) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) It is not an offence under subsection (1) for a person to possess a pyrotechnic article if the possession of the pyrotechnic article—
(a) is in connection with the person’s employment, or
(b) is in connection with the person undertaking an activity where it is appropriate to possess the article for use as a visual distress signal.
(4) In this section, “ public place” means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling).
(5) This section—
(a) does not apply to a designated venue or a place where a designated event is occurring (see section 36), and
(b) is also subject to section 38 and schedule 1 (exemptions).
(1) It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies while the person is in a designated venue or while at a designated event.
(2) A person convicted of an offence undersubsection (1)is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(3) In this section, “designated venue” or “ designated event” means a venue or, as the case may be, event designated by the Scottish Ministers under section 37.
(4) This section is subject to section38and schedule1(exemptions).
(1) For the purposes of section 36, the Scottish Ministers may by regulations designate—
(a) a sports ground or class of sports grounds (whether or not the grounds are used for sporting events),
(b) a sporting event or class of sporting events (whether or not attendees have paid to attend),
(c) a venue that is to be used for a music event, including any place that is to be used by a person responsible for the organisation of a music event for the purpose of—
(i) regulating entry to, or departure from, the event, or
(ii) providing accommodation or other facilities for those attending the event,
(d) a music event or class of music events (whether or not attendees have paid to attend).
(2) Regulations under subsection(1)are subject to the negative procedure.
(1) Schedule 1contains exemptions to certain offences under Parts2to5.
(2) The Scottish Ministers may by regulations—
(a) modify schedule1to add, amend or remove exemptions,
(b) make further provision about the requirements that a person must meet to be treated as being employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnics displays for the purposes of schedule1.
(3) Regulations under subsection (2) are subject to the affirmative procedure.
Schedule 2makes provision about the powers of a local weights and measures authority (and its officers) to enforce the offences undersections 5and22in its area and related matters.
(1) A sheriff or justice of the peace may grant a warrant under this section authorising a constable to enter premises if the sheriff or justice of the peace is satisfied, by evidence on oath, that there are reasonable grounds for suspecting—
(a) that an offence under this Act has been, or is being, committed at the premises, or
(b) that there is evidence at the premises of the commission of an offence under this Act.
(2) A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted.
(3) A warrant granted under this section may authorise a constable to—
(a) enter the premises by force if necessary,
(b) search the premises and any person found in the premises,
(c) seize and retain any item or material found on the premises, or on any person in the premises, if the constable has reasonable grounds for suspecting that it may provide evidence of the commission of an offence under this Act.
(4) A constable who is authorised by a warrant granted under this section to seize and detain material may, if the material is only capable of being looked at, read, watched or listened to (as the case may be) after conversion from data stored in another form, require that the material—
(a) be converted into such a form in a way which enables it to be taken away, or
(b) be produced in a form which is capable of being taken away and from which it can be readily converted.
(5) In this section, “ premises” includes any—
(a) land or building,
(b) vehicle, vessel, trailer, aircraft or hovercraft,
(c) tent or moveable structure,
(whether or not the premises are used wholly or mainly as a private dwelling).
(1) If a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this Act, the constable may—
(a) search that person without warrant, and detain the person for such time as is reasonably required to permit the search to be carried out,
(b) stop and search a vehicle (and anything on or in it) without warrant,
(c) seize and retain any item found in the course of a search which may be relevant to the commission of the offence.
(2) A constable who detains a person undersubsection (1)must give the person the reason for the detention.
(1) It is an offence for a person to—
(a) intentionally obstruct an officer of a local weights and measures authority who is exercising powers conferred byschedule 2,
(b) intentionally fail to comply with any requirement made of the person by an officer of a local weights and measures authority under paragraph 7 or 10 ofschedule 2,
(c) fail, without reasonable cause, to give an officer of a local weights and measures authority any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's powers underschedule 2.
(2) It is an offence for a person, in giving any information which is required of the person by virtue ofsubsection (1)(c)—
(a) to make any statement which the person knows is false in a material particular, or
(b) recklessly to make a statement which is false in a material particular.
(3) A person who commits an offence underthis sectionis liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
(1) It is an offence for a person who is not an officer of a local weights and measures authority to purport to act as such an officer in the exercise of powers underschedule 2.
(2) A person who commits an offence undersubsection (1)is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) An offence is aggravated by the use of a firework or pyrotechnic article if—
(a) the offence is committed in a manner that involves the use of a firework or pyrotechnic article which is currently lit or ignited (or which has recently been lit or ignited), and
(b) a victim (or intended victim) of the offence is an emergency worker.
(2) For the purpose of subsection (1), an emergency worker is—
(a) a person—
(i) acting in a capacity mentioned in section 1(3) or 2(3) of the Emergency Workers (Scotland) Act 2005,
(ii) acting in a capacity mentioned in section 90(3)(a), (c) or (d) of the Police and Fire Reform (Scotland) Act 2012,
(iii) who is a constable of the British Transport Police Force and is acting in that capacity,
(b) a person who is assisting such a person in responding to an emergency circumstance.
(3) Evidence from a single source is sufficient to prove that an offence is aggravated by the use of a firework or pyrotechnic article.
(4) Subsection (5) applies where it is—
(a) libelled in an indictment, or specified in a complaint, that an offence is aggravated by the use of a firework or pyrotechnic article, and
(b) proved that the offence is so aggravated.
(5) The court must—
(a) state on conviction that the offence is aggravated by the use of a firework or pyrotechnic article,
(b) record the conviction in a way that shows that the offence is so aggravated,
(c) take the aggravation into account in determining the appropriate sentence, and
(d) state—
(i) where the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, or
(ii) otherwise, the reasons for there being no such difference.
(6) For the purposes of this section, a person is responding to emergency circumstances if the person—
(a) is going anywhere for the purpose of dealing with emergency circumstances occurring there, or
(b) is dealing with emergency circumstances or preparing to do so.
(7) For the purposes of this section, circumstances are “emergency” circumstances if they are present or imminent and—
(a) are causing or are likely to cause—
(i) serious injury to or the serious illness (including mental illness) of a person,
(ii) serious harm to the environment (including the life and health of plants and animals and the fabric of buildings), or
(iii) a worsening of any such injury, illness or harm, or
(b) are likely to cause the death of a person.
(8) For the purposes of this section, circumstances to which a person is responding are to be taken to be emergency circumstances if the person believes and has reasonable grounds for believing they are or may be emergency circumstances.
Summary proceedings for an offence under this Act may be commenced at any time within the period of 12 months beginning with the day on which the offence was committed.
(1) This section applies for the purposes of a trial in proceedings for an alleged offence under this Act.
(2) Where an item—
(a) is labelled as a firework or other pyrotechnic article, or
(b) is not so labelled but is found within a container which is labelled as containing fireworks or other pyrotechnic articles,
the item is presumed to be a firework or pyrotechnic article as described on the label or, as the case may be, container.
(3) At the trial, a party to the proceedings may rebut the presumption mentioned in subsection (2) by proving that, at the time the offence is alleged to have been committed, the item was not a firework or other pyrotechnic article of the description on the item or the container.
(4) A party may lead evidence for the purpose of rebutting the presumption only if the party has given notice of the intention to do so to the other parties—
(a) not less than 7 days before the intermediate diet, or
(b) if there is no intermediate diet, not less than 28 days before the date of the trial.
(1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2) In the table in schedule 9 (certificates as to proof of certain routine matters), at the end insert—
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“The Fireworks and Pyrotechnic Articles (Scotland) Act 2022. |
||
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Sections 4(1) and 5(1) |
A person authorised to do so by the Scottish Ministers |
In relation to a person identified in the certificate, that on the date specified in the certificate the person had, or as the case may be, did not have, a fireworks licence (within the meaning of Part 2 of that Act). |
|
Sections 4(1), 5(1), 21(1), 22(1), 24(1) and 27(2) |
A person authorised to do so by the Scottish Ministers |
That the particular item identified in the certificate is— (a) a firework within the meaning of section 1(1) of that Act, and (b) of such category of firework (construed in accordance with section 2(1) of that Act) as is specified in the certificate. |
|
Sections 21(1), 35(1) and 36(1) |
A person authorised to do so by the Scottish Ministers |
That the particular item identified in the certificate is a pyrotechnic article within the meaning of section 1(1) and (2) of that Act. ”. |
(1) This sectionapplies where—
(a) the Scottish Ministers revoke a person’s licence by giving notice undersection 12(3),
(b) a court convicts a person of an offence under this Act, or
(c) a court cancels a person’s fireworks licence undersection 13(2).
(2) Subsection (3)applies where—
(a) a firework to whichPart 2applies is surrendered in pursuance of a notice given undersection 12(3)which revokes a person’s fireworks licence, and
(b) the person appeals against the decision to revoke the person’s fireworks licence (and does not withdraw that appeal prior to its determination).
(3) Wherethis subsectionapplies—
(a) if the appeal is successful, the firework must be returned,
(b) if the appeal is unsuccessful, the sheriff may make such order for the disposal of the firework as the sheriff considers appropriate.
(4) Subsection (5)applies where—
(a) a firework to whichPart 2applies is surrendered in pursuance of a notice given undersection 12(3)which revokes a person’s fireworks licence, and
(b) the person—
(i) does not appeal against the decision to revoke the person’s fireworks licence, or
(ii) makes and subsequently withdraws an appeal against such a decision.
(5) Wherethis subsectionapplies, the firework is to be disposed of in such manner as the chief constable considers appropriate.
(6) The court by which a person is convicted or, as the case may be, which cancels a person’s fireworks licence may make an order for the forfeiture or disposal of any firework or pyrotechnic article—
(a) to which the offence relates, or
(b) which is possessed by the person.
(7) A constable may seize and retain a firework or pyrotechnic article which may be the subject of an order for forfeiture underthis section.
(8) Where a court orders the disposal of a firework or pyrotechnic article seized and retained under this Act by a constable or an officer of a local weights and measures authority, the firework or pyrotechnic article may be disposed of in such manner as the chief constable or, as the case may be, the local weights and measures authority considers appropriate.
(1) Subsection (2)applies where—
(a) an offence under this Act is committed by a relevant organisation, and
(b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—
(i) a responsible official of the organisation, or
(ii) an individual purporting to act in the capacity of a responsible official.
(2) The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.
(3) “ Relevant organisation” means—
(a) a company,
(b) a partnership (including a limited liability partnership),
(c) another body or association.
(4) “ Responsible official” means—
(a) in the case of a company—
(i) a director, secretary, manager or similar officer, or
(ii) where the affairs of the company are managed by its members, a member,
(b) in the case of a limited liability partnership, a member,
(c) in the case of a partnership other than a limited liability partnership, a partner,
(d) in the case of another body or association, a person who is concerned in the management or control of its affairs.
(1) The Scottish Ministers must, as soon as practicable after the end of the reporting period, lay before the Scottish Parliament a report on the operation of this Act during the reporting period.
(2) The report must, in particular, include information about—
(a) proceedings and convictions in respect of relevant offences during the reporting period,
(b) the number of incidents connected to fireworks and other pyrotechnic articles which occurred during the reporting period, and
(c) the views and experiences of persons in relation to the use of fireworks in their communities during the relevant period.
(3) The reporting period is the period of 5 years beginning with the day on which this Act receives Royal Assent.
(4) In this section, “ relevant offence” means an offence under this Act or listed in section 7(4)(b) and (c).
In this Act—
“ chief constable” means the chief constable of the Police Service of Scotland,
“ constable” has the same meaning as in section 99(1) of the Police and Fire Reform (Scotland) Act 2012,
“ firework control zone”, in relation to the area of a local authority, means a place within the area which has been designated as a firework control zone by the local authority under section 27(1) (and a reference to such a zone includes a zone as it has been amended),
“ fireworks licence” means a fireworks licence granted by the Scottish Ministers under section9,
“ licensed person” means a person who has a fireworks licence (and a reference to an unlicensed person is to be construed accordingly),
“ public fireworks display” means a fireworks display at which the public, or any section of the public, are present (whether or not they have paid to be) that complies with regulations made under section 6 of the Fireworks Act 2003 (if any),
“ regulatory authority” means—
the Chief Constable of the Police Service of Scotland,
the Health and Safety Executive,
a local authority,
a local weights and measures authority.
Any power of the Scottish Ministers to make regulations under this Act, other than section56, includes power to make—
(a) different provision for different purposes,
(b) incidental, supplementary, consequential, transitional, transitory or saving provision.
(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.
(2) Regulations under subsection(1)may modify any enactment (including this Act).
(3) Regulations under subsection(1)—
(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but
(b) otherwise, are subject to the negative procedure.
(1) No contravention of any provision made by this Act makes the Crown criminally liable.
(2) But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.
(3) Despite subsection(1), any provision made by or under this Act applies to a person in the public service of the Crown as it applies to other persons.
(1) A warrant granted undersection 40orschedule 2is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).
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Crown land |
Appropriate authority |
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Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Crown Estate (that is, the property, rights and interests under the management of the Crown Estate Commissioners) |
The Crown Estate Commissioners |
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Land an interest in which belongs to Her Majesty in right of the Crown and which forms part of the Scottish Crown Estate |
The person managing the land |
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Land an interest in which belongs to Her Majesty in right of the Crown other than land forming part of the Crown Estate or the Scottish Crown Estate |
The office-holder in the Scottish Administration or, as the case may be, the Government department managing the land |
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Land an interest in which belongs to Her Majesty in right of Her private estates |
The person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Scottish Ministers |
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Land an interest in which belongs to an office-holder in the Scottish Administration |
The office-holder in the Scottish Administration |
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Land an interest in which belongs to a Government department |
The Government department |
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Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration |
The office-holder in the Scottish Administration |
|
Land an interest in which is held in trust for Her Majesty for the purposes of a Government department |
The Government department |
(2) Insubsection (1)—
(a) the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,
(b) “ Government department” means a department of the Government of the United Kingdom,
(c) “ Scottish Crown Estate” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.
(3) It is for the Scottish Ministers to determine any question that arises as to who in accordance withsubsection (1)is the appropriate authority in relation to any land, and their decision is final.
(1) This section and sections 50,51,52,53and57come into force on the day after Royal Assent.
(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3) Regulations under subsection(2)may—
(a) include transitional, transitory or saving provision,
(b) make different provision for different purposes.
The short title of this Act is the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.
(introduced by section38)
1 It is not an offence undersection 4(1)(requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is employed by a regulatory authority (and is acting in that capacity).
2 It is not an offence undersection 4(1)for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is acting under the direction of a regulatory authority.
3 It is not an offence under section5(1)(supply of fireworks to unlicensed persons) for a person to give or otherwise make available a firework to a person who does not have a fireworks licence if—
(a) the person giving or otherwise making available the firework is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity), and
(b) the unlicensed person is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity).
4 It is not an offence under section24(1)(restriction on days of use of fireworks) for a person to use a firework contrary to section24(3)if—
(a) the person is employed by, or acting under the direction of, a regulatory authority, and
(b) the firework is used in connection with the regulatory authority’s functions.
5 It is not an offence under section27(2)(a)(firework control zones) for a person to ignite a firework in a firework control zone if—
(a) the person is employed by, or acting under the direction of, a regulatory authority, and
(b) the firework is used in connection with the regulatory authority’s functions.
6 It is not an offence under section36(1)(prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if the person is employed by a regulatory authority (and is acting in that capacity).
7 It is not an offence undersection 4(1)(requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if—
(a) the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and
(b) the firework is purchased, acquired, possessed or used in connection with that business.
8 It is not an offence undersection 5(1)(supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by, or in business as, a professional organiser or operator of fireworks displays.
9 It is not an offence under section21(1)(prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if—
(a) the person under the age of 18 is employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnic displays, and
(b) the firework is given or made available for the purposes of putting on a fireworks display or pyrotechnics display for the person’s employer or in the course of the person’s business (as the case may be).
10 It is not an offence under section22(1)(restriction on days of supply of fireworks) for a person to supply a firework contrary to section22(3)if the firework is supplied to a person who is employed by, or in business as, a professional organiser or operator of fireworks displays.
11 It is not an offence under section24(1)(restriction on days of use of fireworks) for a person to use a firework contrary to section24(3)if—
(a) the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and
(b) the firework is used for the purposes of putting on a fireworks display for the person’s employer or in the course of the person’s business (as the case may be).
12 It is not an offence under section27(2)(a)(firework control zones) for a person to ignite a firework in a firework control zone if—
(a) the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and
(b) the firework is used for the purposes of putting on a public fireworks display for the person’s employer or in the course of the person’s business (as the case may be).
13 It is not an offence under section36(1)(prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if—
(a) the person is employed by, or in business as, a professional organiser or operator of firework displays or pyrotechnics displays, and
(b) the pyrotechnic article is possessed in connection with that business.
14 It is not an offence undersection 4(1)(requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if—
(a) the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015 ( S.I. 2015/1553), and
(b) the firework is purchased, acquired, possessed or used for purposes which are necessary in connection with that trade or business.
15 It is not an offence undersection 5(1)(supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015.
16 It is not an offence under section22(1)(restriction on days of supply of fireworks) for a person to supply a firework contrary to section22(3)if the firework is supplied to a person 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.
17 It is not an offence under section24(1)(restriction on days of use of fireworks) for a person to use a firework contrary to section24(3)if—
(a) the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and
(b) the firework is used for purposes which are necessary in connection with that trade or business.
18 It is not an offence under section27(2)(a)(firework control zones) for a person to ignite a firework in a firework control zone if—
(a) the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and
(b) the firework is used for purposes which are necessary in connection with that trade or business.
19 It is not an offence under section36(1)(prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if—
(a) the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks or pyrotechnic articles in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and
(b) the pyrotechnic article is possessed in connection with that business.
20 It is not an offence under section22(1)(restriction on days of supply of fireworks) for a person to supply a firework contrary to section22(3)if the firework is supplied to a person who is the organiser of a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.
21 It is not an offence under section24(1)(restriction on days of use of fireworks) for a person to use a firework contrary to section24(3)if—
(a) the person is the organiser of a public fireworks display or is assisting such an organiser, and
(b) the firework is used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.
22 It is not an offence under section27(2)(a)(firework control zones) for a person to ignite a firework in a firework control zone if—
(a) the person is the organiser of a public fireworks display or is assisting such an organiser, and
(b) the firework is used for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.
23 It is not an offence under section 35(1) (prohibition of pyrotechnic articles in public places) for a person to possess a pyrotechnic article in a public place if—
(a) the person is the organiser of a public fireworks display or is assisting such an organiser, and
(b) the pyrotechnic article is possessed for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.
24 It is not an offence under section36(1)(prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that paragraph if—
(a) the person is the organiser of a public fireworks display or is assisting such an organiser, and
(b) the pyrotechnic article is possessed for the purposes of putting on a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.
25 It is not an offence under section 21(1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to buy, attempt to buy, give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if—
(a) the person under the age of 18 is undertaking education or training, or is in employment,
(b) the possession or use of a firework or pyrotechnic article is necessary in connection with that education, training or employment, and
(c) the person buying, attempting to buy, giving or otherwise making available the firework or pyrotechnic article intends that the person under the age of 18 will possess or use the firework or pyrotechnic article only in connection with that education, training or employment.
26 It is not an offence undersection 5(1)(supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is outwith Scotland and the firework is to be delivered outwith Scotland.
27 It is not an offence under section22(1)(restriction on days of supply of fireworks) for a person to supply a firework contrary to section22(3)if the firework is supplied to a person who is outwith Scotland, but only where the firework is to be delivered outwith Scotland.
28 It is not an offence under section 21(1) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a pyrotechnic article to a person under the age of 18 if—
(a) the person who is under the age of 18 is—
(i) a member of the armed forces of Her Majesty,
(ii) a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty,
(iii) a member of a cadet force listed in paragraph 30(2),
(iv) a member of a cadet force of another country when that member is undertaking activities with a cadet force listed in paragraph 30(2) or the armed forces of Her Majesty,
(v) a member of a service or organisation whose functions (whether as an officer, employee or volunteer) include law enforcement, search and rescue services or the preservation of life, and
(b) the pyrotechnic article is given or made available to the person under the age of 18 in connection with activities the person is undertaking as a member of such a force, service or organisation.
29 It is not an offence under section 35(1) (prohibition of pyrotechnic articles in public places) or section 36(1) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that subsection if—
(a) the person is—
(i) a member of the armed forces of Her Majesty,
(ii) a member of the armed forces of another country when that member is serving with the armed forces of Her Majesty, or
(iii) a member of a cadet force listed in paragraph 30(2),
(iv) a member of a cadet force of another country when that member is undertaking activities with a cadet force listed in paragraph 30(2) or the armed forces of Her Majesty,
(v) a member of a service or organisation whose functions (whether as an officer, employee or volunteer) include law enforcement, search and rescue services or the preservation of life, and
(b) the pyrotechnic article is possessed by the person in connection with activities the person is undertaking as a member of such a force, service or organisation.
30 (1) In paragraphs 28 and 29, “ armed forces” means naval, military or air forces (and includes reserve forces).
(2) For the purposes of paragraphs 28(a)(iii), 28(a)(iv) and 29(a)(iii), the cadet forces are—
(a) the Combined Cadet Force,
(b) the Sea Cadet Corps,
(c) the Volunteer Cadet Corps,
(d) the Army Cadet Force,
(e) the Air Training Corps.
(introduced bysection 39)
1 (1) A local weights and measures authority (and its officers) may exercise the powers underthis schedulefor the purpose of ascertaining whether an offence undersection 5(supply of fireworks to unlicensed persons) or section22(restriction on days of supply of fireworks) has been, or is being, committed.
(2) A local weights and measures authority (and its officers) may exercise the power underparagraph 6(power to seize and retain items) in relation to—
(a) an item which an officer of the authority reasonably suspects may disclose (by means of testing or otherwise) the commission of an offence undersection 5or22,
(b) a firework or pyrotechnic article which an officer of the authority reasonably suspects is liable to forfeiture under this Act, and
(c) an item which an officer of the authority reasonably suspects may be required as evidence in proceedings for an offence undersection 5or22.
(3) A local weights and measures authority (and its officers) may not exercise the power underparagraph 7(powers in relation to documents) orparagraph 9(power of entry with warrant) for the purpose mentioned insub-paragraph (1)unless an officer of the authority reasonably suspects that an offence undersection 5or22has been, or is being, committed.
2 (1) An officer of a local weights and measures authority may—
(a) make a purchase of a firework to whichPart 2orsection 22applies, or
(b) direct or enter into an agreement with a person to secure the acquisition or supply of such a firework.
(2) For the purposes of exercising the power undersub-paragraph (1), the officer may—
(a) at any reasonable time, enter premises to which the public has access (whether or not the public has access at that time), and
(b) inspect any product on the premises which the public may inspect.
(3) The power of entry insub-paragraph (2)may be exercised without first giving notice or obtaining a warrant.
(4) Inthis paragraph, “ premises” includes any—
(a) land or building,
(b) vehicle, vessel, trailer, aircraft or hovercraft,
(c) tent or moveable structure,
except where the premises are used wholly or mainly as a private dwelling.
3 (1) An officer of a local weights and measures authority may enter premises to which the public has access in order to observe the carrying on of a business on those premises.
(2) The power undersub-paragraph (1)may be exercised at any reasonable time (whether or not the public has access at that time).
(3) The power of entry undersub-paragraph (1)may be exercised without first giving notice or obtaining a warrant.
(4) In this paragraph, “ premises” includes any—
(a) land or building,
(b) vehicle, vessel, trailer, aircraft or hovercraft,
(c) tent or moveable structure,
except where the premises are used wholly or mainly as a private dwelling.
4 (1) An officer of a local weights and measures authority may enter premises at any reasonable time.
(2) In the case of a routine inspection, the power of entry insub-paragraph (1)may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements insub-paragraph (3), unlesssub-paragraph (4)applies.
(3) Those requirements are that—
(a) the notice is in writing and is given by the officer,
(b) the notice sets out why the entry is necessary and indicates the nature of the offence undersection 42(obstruction), and
(c) there are at least two working days between the date of receipt of the notice and the date of entry.
(4) A notice need not be given if the occupier has waived the requirement to give notice.
(5) Inthis paragraph“ routine inspection” means an exercise of the power undersub-paragraph (1)other than where—
(a) the power is exercised by an officer who reasonably suspects that an offence has been, or is being, committed undersection 5or22, or
(b) the officer reasonably considers that to give notice in accordance withsub-paragraph (2)would defeat the purpose of the entry.
(6) If an officer enters premises undersub-paragraph (1)that are occupied, otherwise than in the course of a routine inspection, the officer must provide to an occupier a document that—
(a) sets out why the entry is necessary, and
(b) indicates the nature of the offence undersection 42.
(7) If an officer enters premises undersub-paragraph (1)that are occupied, the officer must produce evidence of the officer's identity and authority to an occupier.
(8) An officer need not comply withsub-paragraph (6)or(7)if it is not reasonably practicable to do so.
(9) Proceedings resulting from the exercise of the power undersub-paragraph (1)are not invalid merely because of a failure to comply withsub-paragraph (6)or(7).
(10) An officer entering premises undersub-paragraph (1)may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary.
(11) Inthis paragraph—
“ occupier”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises,
“ premises” includes any—
land or building,
vehicle, vessel, trailer, aircraft or hovercraft,
tent or moveable structure,
except where the premises are used wholly or mainly as a private dwelling,
“ working day” means any day other than—
Saturday or Sunday,
Christmas Day or Good Friday, or
a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland.
5 (1) An officer of a local weights and measures authority may—
(a) inspect a firework or an item suspected to be a firework on the premises,
(b) arrange for a firework or an item suspected to be a firework to be tested (and may seize and retain the firework or item underparagraph 6to do so).
(2) Inspection and testing underthis paragraphmay carried out only for the purposes of determining—
(a) whether or not an item is a firework, or
(b) the category of a firework (or suspected firework) for the purposes of this Act (seesection 2).
6 (1) An officer of a local weights and measures authority may seize and retain an item other than a document (for which seeparagraph 7).
(2) An officer seizing an item underthis paragraphfrom premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it.
(3) The officer need not comply withsub-paragraph (2)if it is not reasonably practicable to do so.
(4) An officer seizing an item underthis paragraphmust take reasonable steps to—
(a) inform the person from whom it is seized that it has been seized, and
(b) provide that person with a written record of what has been seized.
(5) An item seized underthis paragraph(except an item seized for the purpose inparagraph 1(2)(b)) may not be detained—
(a) for a period of more than 3 months beginning with the day on which it was seized, or
(b) where the item is reasonably required to be retained for a longer period by the officer for a purpose for which it was seized, for longer than it is required for that purpose.
7 (1) An officer of a local weights and measures authority may, at any reasonable time—
(a) require a person who is offering to supply fireworks to the public in the course of a business (“the trader”), an employee of the trader or any other person acting on behalf of the trader, to produce any document relating to the trader's business to which the trader, employee or other person has access,
(b) take copies of, or copies of any entry in, any such document,
(c) seize and retain any such document which the officer reasonably suspects may be required as evidence.
(2) The powers in sub-paragraph (1) include power to require the trader, employee or other person to give an explanation of the document.
(3) Where a document required to be produced undersub-paragraph (1)contains information recorded electronically, the power under that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.
(4) This paragraphdoes not permit an officer to require a person to create a document other than as described insub-paragraph (3).
(5) An officer seizing a document underthis paragraphfrom premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it.
(6) The officer need not comply withsub-paragraph (5)if it is not reasonably practicable to do so.
(7) An officer seizing a document underthis paragraphmust take reasonable steps to—
(a) inform the person from whom it is seized that it has been seized, and
(b) provide that person with a written record of what has been seized.
(8) This paragraphdoes not permit an officer to require a person to produce or seize any document which the person would be entitled to refuse to produce in proceedings in the Court of Session on the grounds of confidentiality of communications.
(9) Insub-paragraph (8), “ communications” means—
(a) communications between a professional legal adviser and the adviser's client, or
(b) communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.
(10) Inthis paragraph, “ occupier”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises.
8 (1) An officer of a local weights and measures authority may, for the purpose of exercising the powers under paragraph5,6or7, require a person with authority to do so to—
(a) break open any container, or
(b) access any electronic device in which information may be stored or from which it may be accessed.
(2) Where a requirement undersub-paragraph (1)has not been complied with, the officer may, for the purpose of exercising any of the powers inparagraph 7—
(a) break open the container, or
(b) access the electronic device.
(3) Sub-paragraph (1)or(2)applies if and to the extent that the exercise of the power under that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.
(4) Inthis paragraph“ container” means anything in which an item or document may be stored.
9 (1) A sheriff may grant a warrant under this section authorising an officer of a local weights and measures authority to enter premises if the sheriff is satisfied, by evidence on oath, that—
(a) there are reasonable grounds for suspecting—
(i) that an offence undersection 5or22has been, or is being, committed at the premises, or
(ii) that there is an item or document on the premises that the officer has the power to inspect or require to be produced, and
(b) one of the following conditions is met—
(i) access to the premises has been or is likely to be refused and notice of the officer’s intention to apply for a warrant underthis paragraphhas been given to the occupier of the premises,
(ii) it is likely that items or documents on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises, or
(iii) the premises are unoccupied or the occupier of the premises is absent and it might defeat the purpose of the entry to wait for the occupier’s return.
(2) A warrant granted under this section remains in force for a period of 28 days beginning with the day on which it was granted.
(3) An officer may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary.
(4) A warrant granted under this section may authorise an officer to—
(a) enter the premises by force if necessary,
(b) exercise the powers inparagraph 5,6,7or8.
(5) If the premises are occupied when the officer enters them, the officer must produce the warrant for inspection to an occupier of the premises.
(6) Sub-paragraph (7)applies if the premises are unoccupied or the occupier is temporarily absent.
(7) On leaving the premises, the officer must—
(a) leave a notice on the premises stating that the premises have been entered under a warrant underthis paragraph, and
(b) leave the premises as effectively secured as the officer found them.
(8) Inthis paragraph—
“ occupier”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises,
“ premises” includes any—
land or building,
vehicle, vessel, trailer, aircraft or hovercraft,
tent or moveable structure,
(whether or not the premises are used wholly or mainly as a private dwelling).
10 If an officer of a local weights and measures authority has entered premises underparagraph 4(1)or under a warrant underparagraph 9, the officer may require any person on the premises to provide such assistance or information as the officer reasonably considers necessary.
11 (1) This paragraphapplies where a thing seized by an officer of a local weights and measures authority underthis scheduleis retained by the authority.
(2) If a request for permission to be granted access to that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must allow that person access to it under the supervision of an officer of the authority.
(3) If a request for a photograph or copy of that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must—
(a) allow that person access to it under the supervision of an officer of the authority for the purpose of photographing or copying it, or
(b) photograph or copy it, or cause it to be photographed or copied.
(4) Where anything is photographed or copied undersub-paragraph (3), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.
(5) This paragraphdoes not require access to be granted to, or a photograph or copy to be supplied of, a thing if the local weights and measures authority has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized.
(6) A local weights and measures authority may recover the reasonable costs of complying with a request underthis paragraphfrom the person by whom or on whose behalf it was made.
(7) References inthis paragraphto a person who had custody or control of a thing immediately before it was seized include a representative of such a person.
12 (1) Sub-paragraphs (2)and(3)apply where—
(a) a firework purchased (or acquired under direction or by arrangement) by an officer of a local weights and measures authority underparagraph 2is submitted to a test and as a result proceedings are brought for an offence undersection 5or22, or
(b) a firework or item seized by an officer of a local weights and measures authority underparagraph 6is submitted to a test.
(2) The local weights and measures must inform the relevant person of the results of the test.
(3) The local weights and measures authority must allow a relevant person to have the firework or item tested if it is reasonably practicable to do so.
(4) Insub-paragraph (2), “ relevant person” means the person from whom the firework or item was purchased or seized.
(5) Insub-paragraph (3), “ relevant person” means—
(a) in a case withinsub-paragraph (1)(a), a person who is a party to the proceedings, or
(b) in any other case, a person referred to insub-paragraph (4).
13 (1) This paragraphapplies where a firework, item or document is being retained as the result of the exercise of a power underthis schedule.
(2) A person with an interest in the firework, item or document may apply to a sheriff for an order requiring it to be released to that or another person.
(3) The sheriff may make an order requiring a firework, item or document to be released only if satisfied that condition A or B is met.
(4) Condition A is that—
(a) no proceedings have been brought for an offence as the result of the investigation in the course of which the firework, item or document was seized, and
(b) the period of 12 months beginning with the day on which the firework, item or document was seized has expired.
(5) Condition B is that—
(a) proceedings of the kind mentioned insub-paragraph (4)(a)have been brought, and
(b) those proceedings have been concluded without the firework, item or document being forfeited.
14 (1) This paragraphapplies where an officer of a local weights and measures authority has seized and retained a firework or item underthis schedulefor a purpose withinparagraph 1(2)(a).
(2) The local weights and measures authority must pay compensation to any person with an interest in the firework or item in respect of any loss or damage caused by the seizure and retention if—
(a) the firework or item has not disclosed an offence undersection 5or22, and
(b) the power to seize and retain the firework or item was not exercised as a result of any neglect or default of the person seeking the compensation.
(3) Any dispute about the right to or amount of any compensation payable underthis paragraphis to be determined by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.
