Joint Committee on Statutory Instruments Fourteenth Report


APPENDIX VII

Memorandum by the Department of Trade and Industry


FIREWORKS (SAFETY) REGULATIONS 1997 (S.I. 1997/2294)

  1. By letter from the Clerk to the Committee dated 12 November 1997, the Joint Committee have asked the Department to submit a memorandum on the following point -

  "Regulation 4(2) prohibits the supply of -

    (e)   . . . any banger other than a banger which is a category 2 firework;

    (f)   . . . any banger other than a banger whose supply is prohibited by subparagraph (e) above.

  Explain the respective coverage of these two subparagraphs.".

  2. Subparagraph (e) covers bangers classified as category 3 or category 4 under Part 1 of British Standard 7114, and came into force on 15 October 1997.

  3. Subparagraph (f) covers bangers classified as category 2 under Part 1 of British Standard 7114, and comes into force on 31 December 1997.

  4. It was considered whether subparagraph (e) might refer expressly to category 3 and 4 bangers, and whether subparagraph (f) might refer expressly to category 2 bangers. However, there were apparent difficulties with this. British Standard 7114 classifies fireworks into categories 1, 2, 3 and 4. The principal criterion for classifying a firework as category 4 is that it is not intended for sale to, or use by, the general public. This implies that the other categories of fireworks are suitable for those purposes. Regulation 4(2) effectively prohibits the supply of specified fireworks to the public. An express prohibition on the supply of category 2 and category 3 bangers to the public risked appearing inherently contradictory. Regulation 4(2) clearly indicates that such fireworks are not suitable for the public, yet the Standard implies that they are. If subparagraphs (e) and (f) had been framed as express prohibitions on the supply of category 2 and category 3 bangers, doubts might have been raised about whether such bangers could still be regarded as falling within those categories.

  5. The Department appreciates that, as a result of the drafting, the coverage of the two subparagraphs in question is not transparent, but the issue has been clearly dealt with in guidance.

17th November 1997


 
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