The Pyrotechnic Articles (Safety) Regulations 2015

Regulation 75(5)

SCHEDULE 10 Consequential amendments to the Fireworks Regulations 2004

1.  The Fireworks Regulations 2004 are amended as set out below.

2.  In regulation 3 (interpretation)—

(a) for the definition of “adult firework” substitute—

““adult firework” means a—

(a)

category F2 firework;

(b)

category F3 firework; or

(c)

category F4 firework.”;

(b) omit the definitions of—

(i) “amorce”;

(ii) “BS 7114”;

(iii) “BS EN 61672”;

(iv) “cap”;

(v) “category 3 firework”;

(vi) “category 4 firework”;

(vii) “cracker snap”;

(viii) “novelty match”;

(ix) “party popper”;

(x) “serpent”; and

(xi) “sparkler”;

(c) after the definition of “assembly”, insert—

““category F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;

“category F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;

“category F4 firework” has the meaning set out in paragraph 4 of Schedule 1 to the 2015 Regulations;”;

(d) for the definition of “explosives” substitute—

““explosives” has the meaning set out in regulation 2(1) of the Explosives Regulations 2014(1);”;

(e) after the definition of “explosives”, insert—

““firework” means any article, intended for entertainment purposes, containing 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;”; and

(f) for the definition of “the 2010 Regulations”, substitute—

““the 2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”.

3.  In regulation 5 (prohibition of possession of category 4 fireworks), for “category 4 firework”, substitute “category F4 firework”.

4.  In regulation 6(1)(c) (exceptions to regulations 4 and 5), for “2010 Regulations”, substitute “2015 Regulations”.

5.  In regulation 9 (licensing of fireworks suppliers)—

(a) in paragraph (2A)(a), for “2010 Regulations”, substitute “2015 Regulations”;

(b) for paragraph (4), substitute—

“(4) A local licensing authority may only grant a licence to a person (“A”) under paragraph (1), if satisfied that—

(a) A, or another person on A’s behalf, holds a valid licence for the storage of the fireworks under the Explosives Regulations 2014; or

(b) a licence for storage of the fireworks is not required under the Explosives Regulations 2014.”;

(c) for paragraph (5)(b), substitute—

“(b) an offence under regulation 62 of the 2015 Regulations;”; and

(d) in paragraph 5(c), for “sections 4, 5 or”, substitute “section”.

6.  In regulation 10 (information about fireworks)—

(a) in paragraph (1), for “adult fireworks or sparklers” on each occasion that it occurs, substitute “category F2 fireworks or category F3 fireworks”;

(b) for paragraph (2), substitute—

“(2) In paragraph (1), the “required information” means information that—

(a) it is illegal to sell category F2 fireworks or category F3 fireworks to anyone under the age of 18; and

(b) it is illegal for anyone under the age of 18 to possess category F2 fireworks or category F3 fireworks in a public place.”; and

(c) in paragraph (3)—

(i) omit sub-paragraph (a); and

(ii) in sub-paragraph (b), after “the firework”, insert “, except where that person is an economic operator within the meaning of regulation 2(1) of the 2015 Regulations”.

(1)

S.I. 2014/1638.