- Latest available (Revised)
- Point in Time (31/12/2020)
- Original (As made)
Point in time view as at 31/12/2020.
There are currently no known outstanding effects for the The Pyrotechnic Articles (Safety) Regulations 2015, SCHEDULE 7.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 54(1)
1. For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2—
(a)section 13 (prohibition notices and notices to warn);
(b)section 14 (suspension notices);
(c)section 16 (forfeiture: England and Wales and Northern Ireland);
(d)section 17 (forfeiture: Scotland);
(e)section 18 (power to obtain information);
(f)section 28 (test purchases);
(g)section 29 (powers of search etc);
(h)section 30 (provisions supplemental to s 29);
(i)section 31 (powers of customs officer to detain goods);
(j)section 33 (appeals against detention of goods);
(k)section 34 (compensation for seizure and detention);
(l)section 35 (recovery of expenses of enforcement);
(m)section 37 (power of Commissioners for Revenue and Customs to disclose information);
(n)section 45 (interpretation);
(o)section 46(1) (meaning of “supply”); and
(p)Schedule 2 (prohibition notices and notices to warn).
2. The sections of the 1987 Act referred to in paragraph 1 are to apply as if—
(a)in section 13—
(i)in subsection (1), “relevant” were omitted on each occasion that it appears;
(ii)in subsection (1), for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”;
(iii)in subsection (2), the words from “; and the Secretary of State may” to the end were omitted; and
(iv)subsections (4) to (7) were omitted;
(b)in section 14—
(i)in subsection (1), after “any safety provision has been contravened in relation to any goods”, there were inserted “ or that any goods present a risk ”;
(ii)in subsection 2(b), after “a safety provision has been contravened in relation to the goods”, there were inserted “ or that the goods present a risk ”;
(iii)in subsection (2)(c), “under section 15 below” were omitted; and
(iv)subsections (6) to (8) were omitted;
(c)in section 16—
(i)in subsection (1), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that the goods present a risk ”;
(ii)for subsection 2(b) there were substituted—
“(b)where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 70 (appeals against notices) of the 2015 Regulations or section 33, to that court; and”;
(iii)in subsection (3), after “a contravention in relation to the goods of a safety provision”, there were inserted “ or that the goods present a risk ”;
(iv)after subsection (4), there were inserted—
“(4A) A court may infer for the purposes of this section that any goods present a risk if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;
(v)in subsection (6), for “Subject to subsection (7) below, where” there were substituted “ Where ”; and
(vi)subsection (7) were omitted;
(d)in section 17—
(i)in subsection (1), after “a contravention of a safety provision”, there were inserted “ or where the goods present a risk ”;
(ii)in subsection (6), after “a contravention in relation to those goods of a safety provision”, there were inserted “ or that those goods present a risk ”; and
(iii)after subsection (7), there were inserted—
“(7A) The sheriff may infer for the purposes of this section that any goods present a risk if satisfied that such risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;
(e)in section 18, subsections (3) and (4) were omitted;
(f)in section 28—
(i)in subsection (1), for “, services, accommodation or facilities”, there were substituted “ or whether any goods present a risk ”;
(ii)in subsection (1), paragraph (b) were omitted; and
(iii)subsections (3) and (4) were omitted;
(g)in section 29—
(i)in subsection (2), after “any contravention of any safety provision” there were inserted “ or whether goods present a risk ”;
(ii)in subsection (3), after “any contravention of any safety provision” there were inserted “ or whether goods present a risk ”;
(iii)in subsection 4(a), after “any contravention of any safety provision in relation to the goods”, there were inserted “ or whether the goods present a risk ”;
(iv)in subsection 4(b), after “any such contravention”, there were inserted “ or whether the goods present a risk ”;
(v)in subsection (5), after “a contravention in relation to any goods of any safety provision”, there were inserted “ or that the goods present a risk ”;
(vi)in subsection (5)(a), after “any such contravention”, there were inserted “ or whether the goods present a risk ”;
(vii)in subsection (5)(b), after “any such contravention”, there were inserted “ or whether the goods present a risk ”; and
(viii)in subsection (7), after “a contravention of any safety provision”, there were inserted “ or prevent goods from presenting a risk ”;
(h)in section 30—
(i)after subsection (2)(a)(ii), for “and”, there were substituted—
“or
(iii)that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and”; and
(ii)subsections (5), (7) and (8) were omitted;
(i)in section 31(1), for “Part II of this Act”, there were substituted “ the 2015 Regulations ”;
(j)in section 34(1), after paragraph (a), there were inserted
“(aa)the goods do not present a risk;”;
(k)in section 37(1), for “Part II of this Act”, there were substituted “ the 2015 Regulations ”;
(l)in section 45(1)—
(i)the definitions of “conditional sale agreement”, “credit-sale agreement”, “gas”, “motor vehicle”, “personal injury”, “subordinate legislation” and “substance” were omitted;
(ii)before the definition of “aircraft”, there were inserted—
““2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”;
(iii)for the definition of “enforcement authority” there were substituted—
““enforcement authority” means an enforcing authority within the meaning set out in regulation 2(1) of 2015 Regulations;”;
(iv)for the definition of “goods” there were substituted—
““goods” means a pyrotechnic article within the meaning set out in regulation 3 of the 2015 Regulations;”;
(v)after the definition of “modifications”, there were inserted—
““non-compliant” in relation to any goods means that—
a safety provision has been contravened in relation to the goods; or
the goods present a risk;”
(vi)after the definition of “premises”, there were inserted—
““present a risk” means present a risk within the meaning set out in regulation 2(5) of the 2015 Regulations;”;
(vii)for the definition of “safety provision” there were substituted—
““safety provision” means any provision of the 2015 Regulations;”; and
(viii)for the definition of “safety regulations” there were inserted—
““safety regulations” means the 2015 Regulations;”;
(m)in section 46(1), omit “and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use”; and
(n)in Schedule 2—
(i)for “unsafe”, on each occasion that it appears, there were substituted “ non-compliant ”; and
(ii)for “safe”, on each occasion that it appears, there were substituted “ not non-compliant ”.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: