Joint Committee on Statutory Instruments Thirty-First Report


APPENDIX

Memorandum from the Northern Ireland Office

EXPLOSIVES (FIREWORKS) REGULATIONS (NORTHERN IRELAND) 2002

(S.R. 2002/147)

1. The Committee considered the above instrument at its meeting on the 29 April and has asked for a memorandum on the following points:

(1) Regulation 4(1) prohibits the possession etc of fireworks without a licence by a person other than a Government Inspector, Constable or representative of an enforcing authority. Why is there no similar exception for the persons referred to in the underlined words from the prohibition in regulation 4(2)?

2. The fireworks referred to in the second paragraph of regulation 4 are merely a sub-set of the fireworks referred to in the first paragraph of the regulation. Therefore the exception provided for in paragraph (1) applies to the fireworks mentioned in paragraph (2). Accordingly it was not considered necessary to repeat the exception in that paragraph.

(2) Regulation 10 and Schedule 3 prescribe the fee in respect of a licence under regulation 4(1). The amount of the fee is determined according to the number of people who will attend a display. Why is no fee prescribed in the case of a licence for a person who wishes to possess, purchase, sell or acquire fireworks, but does not propose to organise a display?

3. A licence would not normally be issued unless the intention of the applicant was to use the fireworks in a display. If a licence were issued where no display was being held no fee would be charged. The Joint Committee may also wish to note that the licensing requirement does not apply to any person keeping classified fireworks in premises registered or in stores or magazines licenced under section 5 of the Explosives Act 1875 for the purpose of wholesale or retail trade (regulation 9(b)).

(3) Regulation 8(3) prohibits the sale or transfer of a firework which is not labelled in English. In the case of sparklers must each one be individually labelled?

4. Regulation 8(3) should refer to fireworks other than those referred to in paragraphs (1) and (2) of that regulation. The Department undertakes to amend the regulation at the earliest opportunity.

(4) In the table in schedule 3, second indent, should not the words "will exceed 100 but" have been inserted after "display"?

5. The Department accepts that the additional words suggested by the Committee would improve the drafting of the provision. The Department undertakes to bring forward an amendment at the earliest opportunity.

7 May 2002

Further memorandum from the Northern Ireland Office

EXPLOSIVES (FIREWORKS) REGULATIONS (NORTHERN IRELAND) 2002

(S.R. 2002/147)

1. The Committee considered the above instrument at its meeting on the 13th May and has instructed the Department to submit a further memorandum on the following points:

(1) The Department's memorandum of 7 May 2002 states that the exception provided for in paragraph (1) of regulation 4 applies to the fireworks mentioned in paragraph (2), and that it was therefore not considered necessary to repeat it there. Paragraph (1), however, prohibits the possession etc. of any fireworks except under licence, and paragraph (2) prohibits absolutely the possession etc. of certain fireworks except in the circumstances described in regulation 5. Whilst the exception for enforcement officers applies to the former it does not apply to the latter. Similarly, the exception in regulation 9(b) does not apply to the prohibition in paragraph (2). It appears to the Committee that the intended effect of paragraph (2) is that the holder of a licence under paragraph (1) may not possess etc. fireworks of the specified descriptions except in the stated circumstances. Is the Committee's understanding correct?

2. Yes, the Committee's understanding is correct. Fireworks of the description specified in regulation 4(2) can only be possessed, etc. under licence for the purposes specified in regulation 5.

(2) The Department says that a licence would not normally be issued unless the intention of the applicant was to use the fireworks in a display, but that if a licence were issued where no display was being held no fee would be charged. This appears to mean that no fee will be payable in respect of a licence for a person who intends to use fireworks for special effects purposes in the theatre, film or television as described in regulation 5. Confirm that this is the intention.

3. This is the intention as there would be no display.

20 May 2002


 
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