Explosives (Fireworks) Regulations (Northern Ireland) 2002 No. 147

Part II N.I.

Prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks N.I.

4.—(1) Subject to regulation 9, the possession, purchase, sale, acquisition, handling or use of fireworks by a person other than a F1 ... Constable or representative of an enforcing authority acting in his capacity as such shall be prohibited except under licence issued by the Secretary of State.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 4(1) omitted (17.8.2015) by virtue of The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 11 para. 3

F2 Reg. 4(2) omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(2) (with regs. 3, 49(12)(13))

Commencement Information

I1 Reg. 4 in operation at 6.5.2002, see reg. 1

Exception for special effects purposes N.I.

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 5 omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(3) (with regs. 3, 49(12)(13))

Licence for the possession, purchase, sale, acquisition, handling or use of fireworks N.I.

6.—(1) An application for a licence under regulation 4(1) shall be made in writing to the Secretary of State and shall be accompanied by such information and in such form and be made in such time as the Secretary of State may require.

(2) A licence under regulation 4(1) shall be in such form and subject to such conditions bearing on health and safety as the Secretary of State may require.

(3) Without prejudice to the generality of paragraph (2), the conditions imposed under that paragraph may include conditions as to the persons who are present, on behalf of the applicant, when the fireworks are fired.

(4) The Secretary of State shall not issue a licence under regulation 4(1) unless he is satisfied that to do so would not put at risk the health and safety of any person.

Commencement Information

I2 Reg. 6 in operation at 6.5.2002, see reg. 1

Production of licence N.I.

7.—(1) The purchaser of fireworks acting under a licence issued under regulation 4(1) shall produce his licence to the seller at the time of purchase and the seller, where such licence is not so produced, shall be prohibited from selling such fireworks.

(2) The seller of fireworks subject to licence [F4 under regulation 4(1),] shall keep a permanent record of all sales of such fireworks. He shall record the name and address of every person to whom he sells such fireworks together with the date of each such sale and particulars of the quantity and type of the fireworks sold and the licence number.

(3) The record shall be retained for at least two years.

(4) The record shall on demand be immediately produced for inspection by a F5 ... Constable or representative of an enforcing authority on production of his warrant.

Textual Amendments

F4 Words in reg. 7(2) inserted (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 11 para. 4(a)

F5 Words in reg. 7(4) omitted (17.8.2015) by virtue of The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 11 para. 4(b)

Commencement Information

I3 Reg. 7 in operation at 6.5.2002, see reg. 1

Labelling requirements N.I.

F6 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 8 omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(4) (with regs. 3, 49(12)(13))

Fireworks exempt from prohibition N.I.

9.— [F7 (1)] Regulation 4(1) shall not apply to—

(a) the fireworks in Schedule 1 F8 ...; and

[F9 (b) any person licensed under regulation 11, or registered under regulation 13, of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 to keep classified fireworks for the purpose of wholesale or retail trade;]

F10 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11 (2) In paragraph 1 “classified” means classified in accordance with regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2010.]

Textual Amendments

F7 Reg. 9 renumbered as reg. 9(1) (4.7.2010) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 3(4)(a) (with regs. 3, 49(12)(13))

F8 Words in reg. 9(a) omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(5)(a) (with regs. 3, 49(12)(13))

F9 Reg. 9(b) substituted (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 33(6)

F10 Reg. 9(c) omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(5)(b) (with regs. 3, 49(12)(13))

F11 Reg. 9(2) substituted (28.5.2012) by The Carriage of Explosives (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/177), reg. 1, Sch. 1

Commencement Information

I4 Reg. 9 in operation at 6.5.2002, see reg. 1

Licence fee N.I.

10.  The fee payable to the Secretary of State for the processing of a licence under regulation 4(1) shall be such sum as is specified in Schedule 3.

Commencement Information

I5 Reg. 10 in operation at 6.5.2002, see reg. 1