Part 1Key concepts

I11Meaning of “firework” and “pyrotechnic article”

1

In this Act—

  • firework” means a pyrotechnic article which—

    1. a

      is a firework for the purposes of the following British Standards or any British Standard replacing them—

      1. i

        BS EN 15947:2015, or

      2. ii

        BS EN 16261:2012, or

    2. b

      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 under subsection (3) are subject to the affirmative procedure.

Annotations:
Commencement Information
I1

S. 1 not in force at Royal Assent, see s. 56(2)

I22Categories of fireworks

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

modify subsection (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

under subsection (2)(b) are subject to the negative procedure.