Memorandum by the Department of Trade and Industry
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 -
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