Part 1 S Key concepts

1 Meaning of “firework” and “pyrotechnic article” S

(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

  (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.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 56(2)

I2 S. 1 in force at 10.10.2022 by S.S.I. 2022/280, reg. 2, sch.