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Other Bills before Parliament

Fireworks Bill


Fireworks Bill

    1

 

A

Bill

To

Make provision about fireworks and other explosives. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Introductory

 1     Introduction

     (1)    In this Act “fireworks” means devices which—

           (a)           are fireworks for the purposes of the British Standard Specification

relating to fireworks published on 30th November 1988 (BS 7114) or

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any British Standard Specification replacing it, or

           (b)           would be fireworks for those purposes if they were intended as a form

of entertainment.

     (2)    The Secretary of State may by regulations substitute a new definition of

“fireworks” for the definition in subsection (1).

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     (3)    References in this Act to supplying fireworks include—

           (a)           selling them,

           (b)           exchanging them for any consideration other than money, and

           (c)           giving them as a prize or otherwise making a gift of them,

            but do not include supplying them otherwise than in the course of a business.

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Fireworks regulations

 2     Power to make regulations about fireworks

     (1)    The Secretary of State may by regulations (“fireworks regulations”) make any

provision which the Secretary of State considers appropriate—

           (a)           for securing that there is no risk that use of fireworks will have the

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consequences specified in subsection (2), or

 
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           (b)           for securing that the risk that the use of fireworks will have those

consequences is the minimum that is compatible with their being used.

     (2)    The consequences are—

           (a)           death of persons or injury, alarm, distress or anxiety to persons,

           (b)           death of animals or injury or distress to animals, and

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           (c)           destruction of, or damage to, property.

     (3)    Before making fireworks regulations the Secretary of State must consult—

           (a)           the Health and Safety Commission,

           (b)           organisations which appear to the Secretary of State to be

representative of interests substantially affected by the proposal, and

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           (c)           other persons whom the Secretary of State considers it appropriate to

consult.

     (4)    Before making fireworks regulations the Secretary of State must issue a full

regulatory impact assessment setting out details of the costs and benefits and

the wider economic, social and environmental impact of the proposed

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regulations.

     (5)    But subsection (3) does not apply if the regulations are to—

           (a)           cease to have effect at the end of period of not more than twelve months

beginning with the day on which they come into force, and

           (b)           contain a statement that it appears to the Secretary of State that the need

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to protect the public requires that the regulations should be made

without delay.

     (6)    The power to make fireworks regulations includes power—

           (a)           to make different provision for different cases, and

           (b)           to make any incidental, supplementary, consequential and transitional

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provision which the Secretary of State considers appropriate.

     (7)    Section 18 of the Consumer Protection Act 1987 (c. 43) (power to require

information for deciding whether to make, vary or revoke regulations under

section 11 of that Act) applies in relation to fireworks regulations as in relation

to regulations under section 11 of that Act.

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     (8)    Nothing in this Act shall be construed as in any way limiting the provision that

may be made in regulations under section 11 of the Consumer Protection Act

1987.

 3     Prohibition of supply etc. to young persons

     (1)    Fireworks regulations may include provision prohibiting persons from—

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           (a)           supplying, or

           (b)           offering or agreeing to supply,

            fireworks, or fireworks of a description specified in the regulations, to persons

who are below an age so specified.

     (2)    Fireworks regulations may include provision prohibiting the purchase or

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possession of fireworks, or fireworks of a description specified in the

regulations, by persons who are below an age so specified.

     (3)    If fireworks regulations impose any prohibition by virtue of this section, they

may contain—

           (a)           exceptions from the prohibition, or

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           (b)           provision for the granting of dispensations from the prohibition.

 4     Prohibition of supply etc. in certain circumstances

     (1)    Fireworks regulations may include provision prohibiting persons from

supplying, purchasing, possessing or using fireworks, or fireworks of a

description specified in the regulations, during hours of the day so specified.

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     (2)    Fireworks regulations may include provision prohibiting persons from

supplying, exposing for supply, purchasing, possessing or using fireworks, or

fireworks of a description specified in the regulations—

           (a)           in places or places of a description, or

           (b)           in circumstances,

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            specified in the regulations.

     (3)    If fireworks regulations impose any prohibition by virtue of this section, they

may contain—

           (a)           exceptions from the prohibition, or

           (b)           provision for the granting of dispensations from the prohibition.

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 5     Prohibition of supply etc. of certain fireworks

     (1)    Fireworks regulations may include provision—

           (a)           prohibiting persons from supplying, or offering or agreeing to supply,

fireworks of a description specified in the regulations, or

           (b)           prohibiting persons from supplying, or offering or agreeing to supply,

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fireworks of a description specified in the regulations to persons of a

description so specified.

     (2)    Fireworks regulations may include provision—

           (a)           prohibiting the purchase or possession of fireworks of a description

specified in the regulations, or

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           (b)           prohibiting the purchase or possession of fireworks of a description

specified in the regulations by persons of a description so specified.

     (3)    Subsections (1) and (2) shall not apply to class I and class II fireworks.

     (4)    The descriptions of persons which may be specified in fireworks regulations by

virtue of subsection (1) or (2) include in particular persons who do not satisfy

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any conditions which are specified in the regulations and relate to any of the

matters mentioned in subsection (5).

     (5)    Those matters are—

           (a)           the satisfactory completion of a course, or courses, of training relating

to fireworks and the means of proving the satisfactory completion of

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such a course or courses,

           (b)           proficiency or experience in the use of fireworks and the means of

proving such proficiency or experience, and

           (c)           the possession of insurance cover against liability arising from the use

of fireworks and the means of proving possession of such cover.

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     (6)    If fireworks regulations impose any prohibition by virtue of this section, they

may contain—

           (a)           exceptions from the prohibition, or

           (b)           provision for the granting of dispensations from the prohibition.

 

 

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 6     Public fireworks displays

     (1)    Fireworks regulations may include provision prohibiting persons from

operating a public fireworks display unless—

           (a)           notice of the display has been given in accordance with the regulations

to any local or other authority to which the regulations require it to be

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given,

           (b)           any other information relating to the display which is required by the

regulations to be given to any local or other authority has been so given,

           (c)           any fee imposed by any local or other authority in accordance with the

regulations has been paid, and

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           (d)           such other conditions relating to the holding of public fireworks

displays as are specified in the regulations have been complied with.

     (2)    Fireworks regulations may include provision prohibiting persons from

operating public fireworks displays unless they satisfy—

           (a)           any conditions which are specified in the regulations and relate to the

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satisfactory completion of a course, or courses, of training relating to

fireworks and to the means of proving the satisfactory completion of

such a course or courses, or

           (b)           any other conditions which are so specified.

     (3)    Fireworks regulations may include provision prohibiting persons from

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operating, or assisting in the operation of, public fireworks displays if they are

below an age specified in the regulations.

     (4)    If fireworks regulations impose any prohibition by virtue of this section, they

may contain—

           (a)           exceptions from the prohibition, or

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           (b)           provision for the granting of dispensations from the prohibition.

     (5)    In this section “public fireworks display” means a fireworks display at which

the public, or any section of the public, are present (whether or not they have

paid to be).

 7     Licensing of suppliers

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     (1)    Fireworks regulations may include provision prohibiting persons, or persons

of a description specified in the regulations, from supplying, exposing for

supply or possessing for supply fireworks, or fireworks of a description so

specified, unless—

           (a)           they are licensed in accordance with the regulations, and

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           (b)           the fireworks are supplied, exposed for supply or kept at premises

which are so licensed.

     (2)    If fireworks regulations impose any prohibition by virtue of subsection (1),

they may contain provision—

           (a)           specifying the local or other authority by which a licence relating to any

40

person or premises may be granted, varied and revoked,

           (b)           relating to the grant, variation and revocation of licences,

           (c)           about conditions which may be attached to licences (including, in

particular, conditions as to the time of year for which persons or

premises are licensed),

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           (d)           for the charging of fees for the grant or variation of licences, and

 

 

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           (e)           about appeals against refusals to grant or vary, or variations of,

licences.

     (3)    The provision that may be contained in fireworks regulations by virtue of

subsection (1) includes, in particular, provision that a person may not be

licensed unless any conditions which are specified in the regulations are

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satisfied by the person or his employees (or both).

     (4)    Those conditions may include conditions relating to the satisfactory

completion of a course, or courses, of training about fireworks and the means

of proving the satisfactory completion of such course or courses.

     (5)    If fireworks regulations impose any prohibition by virtue of this section, they

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may contain—

           (a)           exceptions from the prohibition, or

           (b)           provision for the granting of dispensations from the prohibition.

 8     Information about fireworks

     (1)    Fireworks regulations may include provision for securing that—

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           (a)           appropriate information is, and

           (b)           inappropriate information is not,

            given in relation to fireworks, or fireworks of a description specified in the

regulations.

     (2)    The provision that may be contained in fireworks regulations by virtue of

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subsection (1) includes, in particular, provision—

           (a)           requiring that a mark, warning or instruction relating to the fireworks

be put on or accompany the fireworks, or

           (b)           requiring that information specified in the regulations be given to any

person so specified.

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     (3)    If fireworks regulations impose any requirement by virtue of this section, they

may contain—

           (a)           exceptions from the requirement, or

           (b)           provision for the granting of dispensations from the requirement.

     (4)    If fireworks regulations impose any requirement by virtue of this section, they

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may contain provision requiring the keeping of records by any person to

whom information is given under the regulations.

 9     Prohibition of importation etc. of fireworks

     (1)    Fireworks regulations may include provision prohibiting persons from—

           (a)           importing,

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           (b)           completing the manufacture of, or

           (c)           placing on the market,

            fireworks, or fireworks of a description specified in the regulations, unless they

have complied with any requirement imposed by the regulations for the giving

of information.

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     (2)    If fireworks regulations impose any prohibition by virtue of subsection (1)(b)

or (c), they shall specify the circumstances in which—

           (a)           (if the prohibition is imposed by virtue of subsection (1)(b)) a person

completes the manufacture of fireworks, or

 

 

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           (b)           (if the prohibition is imposed by virtue of subsection (1)(c)) a person

places fireworks on the market.

     (3)    If fireworks regulations impose any prohibition by virtue of this section, they

may contain—

           (a)           exceptions from the prohibition, or

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           (b)           provision for the granting of dispensations from the prohibition.

     (4)    If fireworks regulations impose any prohibition by virtue of this section, they

may contain provision requiring the keeping of records by any person to

whom information is given under the regulations.

 10    Training courses

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     (1)    If fireworks regulations specify conditions relating to the satisfactory

completion of a course, or courses, of training about fireworks, they may make

provision for courses to be provided by—

           (a)           the Secretary of State,

           (b)           a body or bodies established or recognised by the Secretary of State, or

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           (c)           licensed persons.

     (2)    If fireworks regulations make provision for courses to be provided by licensed

persons, they may—

           (a)           make provision for the licensing of persons by the Secretary of State or

by any body or bodies established or recognised by the Secretary of

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State,

           (b)           authorise the making by the Secretary of State of provision about the

charging of fees for the grant or variation of licences, and

           (c)           authorise the making by the Secretary of State, or by any such body or

bodies, of provision about any of the matters mentioned in subsection

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(3).

     (3)    Those matters are—

           (a)           the grant, variation and revocation of licences,

           (b)           conditions which may be attached to licences, and

           (c)           appeals against refusals to grant or vary, or variations of, licences.

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     (4)    Fireworks regulations may authorise—

           (a)           the making by the Secretary of State of provision about the charging of

fees for attendance at courses of training about fireworks, and

           (b)           the making by the Secretary of State, or by any body or bodies

established or recognised by the Secretary of State under this section, of

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provision about any of the matters mentioned in subsection (5).

     (5)    Those matters are—

           (a)           the descriptions of persons who are to be eligible to attend courses of

training about fireworks,

           (b)           the subject matter to be covered by courses and the conduct of courses,

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           (c)           the criteria to be applied in determining whether persons have

satisfactorily completed courses,

           (d)           the form and content of certificates to be awarded to persons who have

satisfactorily completed courses,

           (e)           appeals against refusals to award certificates to persons who have

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attended courses, and

 

 

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           (f)           the keeping of records about persons who have attended courses.

Supplementary

 11    Offences

     (1)    Any person who contravenes a prohibition imposed by fireworks regulations

is guilty of an offence.

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     (2)    Any person who fails to comply with a requirement imposed by or under

fireworks regulations to give or not to give information is guilty of an offence.

     (3)    Where a requirement to give information is imposed by or under fireworks

regulations, a person is guilty of an offence if, in giving the information, he—

           (a)           makes a statement which he knows is false in a material particular, or

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           (b)           recklessly makes a statement which is false in a material particular.

     (4)    A person guilty of an offence under this section is liable on summary

conviction to—

           (a)           imprisonment for a term not exceeding six months, or

           (b)           a fine not exceeding level 5 on the standard scale,

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            or to both.

     (5)    Fireworks regulations may not provide for any contravention of the

regulations to be an offence.

     (6)    Paragraphs (c), (e) and (f) of section 11(3) of the Consumer Protection Act 1987

(c. 43) (provision about offences which may be included in regulations) apply

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in relation to fireworks regulations as to regulations under section 11 of that

Act, but as if references to an offence under section 12 of that Act were

references to an offence under this section.

     (7)    Section 39 of that Act (defence of due diligence) applies to offences under

subsections (1) and (2) of this section; and section 40(1) of that Act (liability of

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persons other than the principal offender) has effect accordingly.

     (8)    In proceedings against any person for an offence of contravening a prohibition

imposed by fireworks regulations made by virtue of section 3(1) it is a defence

for that person to show that he had no reason to suspect that the person to

whom he supplied, offered to supply or agreed to supply the fireworks was

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below the age specified in the regulations.

     (9)    Section 40(2) and (3) of the Consumer Protection Act 1987 (offences by bodies

corporate) applies to an offence under this section as to an offence under that

Act.

 12    Enforcement

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     (1)    Section 27 of the Consumer Protection Act 1987 (enforcement authorities),

apart from subsection (1)(b), applies in relation to fireworks regulations as to

regulations under section 11 of that Act.

     (2)    The following provisions of that Act—

           (a)           section 28(1)(a) and (2) to (4) (test purchases), apart from the references

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to forfeiture and suspension notices,

 

 

 
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