Joint Committee on Statutory Instruments Second Report



APPENDIX 1

Memorandum by the Northern Ireland Office

EXPLOSIVES (FIREWORKS) REGULATIONS (NORTHERN IRELAND) 1999 (S.R. 1999/392)

  1. When the committee considered the above instrument on the 9 November 1999 they requested a memorandum on the following point:

Regulation 4(2) bans "the possession, purchase, sale or use" of certain fireworks, and from this Regulation 5 creates an exception for "the possession, purchase, sale, acquisition or handling" of those fireworks for use for certain commercial special effects purposes. Explain what activities (as distinct from those remaining covered by the prohibition on use) are intended to be excepted from the ban.

  2. The Northern Ireland Office take the view that use is excepted from the ban. Regulation 5 states:

"Exceptions for special effects purposes

    Regulation 4(2) shall not prohibit the possession, purchase, sale, acquisition or handling of any fireworks of erratic flight or any mini-rocket or banger or air bomb in category 2 or assembly of them by or to any person for use in the course of a trade or business of his, for special effects purposes in the theatre, on film or on television."

so that Regulation 5 provides an exception from Regulation 4(2) for use in the course of trade or business for certain commercial special effects purposes.


 
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