Part 1Key concepts
I11Meaning of “firework” and “pyrotechnic article”
1
In this Act—
“firework” means a pyrotechnic article which—
- a
is a firework for the purposes of the following British Standards or any British Standard replacing them—
- i
BS EN 15947:2015, or
- ii
BS EN 16261:2012, or
- i
- b
would be a firework for those purposes if it were intended as a form of entertainment,
- a
“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.
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—
b
under subsection (2)(b) are subject to the negative procedure.