Fireworks Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Fireworks Bill

A
B I L L
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

Introduction.     1. - (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 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 amend subsection (1).

    (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.

Fireworks regulations

Power to make regulations about fireworks.     2. - (1) The Secretary of State may by regulations ("fireworks regulations") make any provision which he considers appropriate for the purpose of securing that fireworks are used safely.

    (2) For this purpose fireworks are used safely when they are used so that there is no risk, or only the minimum risk compatible with their use, that they will cause-

(a) the death of any person or injury, alarm, distress or anxiety to any person,

(b) the death of any animal or injury or distress to any animal, or

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

    (3) Where the Secretary of State proposes to make fireworks regulations it shall be his duty, before he makes them, to consult-

(a) organisations which appear to him to be representative of interests substantially affected by the proposal, and

(b) other persons whom he considers it appropriate to consult,

and where the regulations are to extend to England and Wales or Scotland (or both England and Wales and Scotland) the Health and Safety Commission shall be among those consulted.

    (4) But subsection (3) does not apply if the regulations are to-

(a) cease to have effect at the end of a 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 to protect the public requires that the regulations should be made without delay.

    (5) The power to make fireworks regulations includes power-

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

(b) to make any supplementary, consequential and transitional provision which the Secretary of State considers appropriate.

    (6) Section 18 of the Consumer Protection Act 1987 (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 to regulations under section 11 of that Act.

    (7) 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.

Prohibition of supply etc. to young persons.     3. - (1) Fireworks regulations may include provision prohibiting persons from-

(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 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

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

Prohibition of supply etc. in certain circumstances.     4. - (1) Fireworks regulations may include provision prohibiting persons from supplying, purchasing, possessing or using fireworks, or fireworks of a description specified in the regulations-

(a) during periods of the year,

(b) during hours of the day, or

(c) at places or in circumstances,

specified in the regulations.

    (2) If fireworks regulations impose any prohibition by virtue of subsection (1), they may contain-

(a) exceptions from the prohibition, or

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

Prohibition of supply etc. of certain fireworks.     5. - (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, 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

(b) prohibiting the purchase or possession of fireworks of a description specified in the regulations by persons of a description so specified.

    (3) The descriptions of persons which may be specified in fireworks regulations under this section include in particular persons who do not satisfy any conditions which are specified in the regulations and relate to any of the matters mentioned in subsection (4).

    (4) Those matters are-

(a) the satisfactory completion of a course, or courses, of training in the use of fireworks and the means of proving the satisfactory completion of 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.

    (5) 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.

Public fireworks displays.     6. - (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 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

(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 satisfactory completion of a course, or courses, of training in the use of 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 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

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

    (5) In this section "public fireworks display" means a fireworks display to which the public, or any section of the public, are admitted (whether or not on payment).

Licensing of suppliers.     7. - (1) Fireworks regulations may include provision prohibiting persons from-

(a) supplying,

(b) exposing for supply, or

(c) possessing for supply,

fireworks, or fireworks of a description specified in the regulations, otherwise than at premises which are licensed in accordance with the regulations.

    (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 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 premises are licensed),

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

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

© Parliamentary copyright 1997
Prepared 24 November 1997

Fireworks Bill

	A B I L L 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
Introduction.	1. - (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 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 amend subsection (1).
	(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.
	Fireworks regulations
Power to make regulations about fireworks.	2. - (1) The Secretary of State may by regulations ("fireworks regulations") make any provision which he considers appropriate for the purpose of securing that fireworks are used safely.
	(2) For this purpose fireworks are used safely when they are used so that there is no risk, or only the minimum risk compatible with their use, that they will cause-
	(a) the death of any person or injury, alarm, distress or anxiety to any person,
	(b) the death of any animal or injury or distress to any animal, or
	(c) destruction of, or damage to, any property.
	(3) Where the Secretary of State proposes to make fireworks regulations it shall be his duty, before he makes them, to consult-
	(a) organisations which appear to him to be representative of interests substantially affected by the proposal, and
	(b) other persons whom he considers it appropriate to consult,
	and where the regulations are to extend to England and Wales or Scotland (or both England and Wales and Scotland) the Health and Safety Commission shall be among those consulted.
	(4) But subsection (3) does not apply if the regulations are to-
	(a) cease to have effect at the end of a 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 to protect the public requires that the regulations should be made without delay.
	(5) The power to make fireworks regulations includes power-
	(a) to make different provision for different cases, and
	(b) to make any supplementary, consequential and transitional provision which the Secretary of State considers appropriate.
	(6) Section 18 of the Consumer Protection Act 1987 (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 to regulations under section 11 of that Act.
	(7) 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.
Prohibition of supply etc. to young persons.	3. - (1) Fireworks regulations may include provision prohibiting persons from-
	(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 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
	(b) provision for the granting of dispensations from the prohibition.
Prohibition of supply etc. in certain circumstances.	4. - (1) Fireworks regulations may include provision prohibiting persons from supplying, purchasing, possessing or using fireworks, or fireworks of a description specified in the regulations-
	(a) during periods of the year,
	(b) during hours of the day, or
	(c) at places or in circumstances,
	specified in the regulations.
	(2) If fireworks regulations impose any prohibition by virtue of subsection (1), they may contain-
	(a) exceptions from the prohibition, or
	(b) provision for the granting of dispensations from the prohibition.
Prohibition of supply etc. of certain fireworks.	5. - (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, 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
	(b) prohibiting the purchase or possession of fireworks of a description specified in the regulations by persons of a description so specified.
	(3) The descriptions of persons which may be specified in fireworks regulations under this section include in particular persons who do not satisfy any conditions which are specified in the regulations and relate to any of the matters mentioned in subsection (4).
	(4) Those matters are-
	(a) the satisfactory completion of a course, or courses, of training in the use of fireworks and the means of proving the satisfactory completion of 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.
	(5) 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.
Public fireworks displays.	6. - (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 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
	(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 satisfactory completion of a course, or courses, of training in the use of 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 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
	(b) provision for the granting of dispensations from the prohibition.
	(5) In this section "public fireworks display" means a fireworks display to which the public, or any section of the public, are admitted (whether or not on payment).
Licensing of suppliers.	7. - (1) Fireworks regulations may include provision prohibiting persons from-
	(a) supplying,
	(b) exposing for supply, or
	(c) possessing for supply,
	fireworks, or fireworks of a description specified in the regulations, otherwise than at premises which are licensed in accordance with the regulations.
	(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 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 premises are licensed),
	(d) for the charging of fees for the grant or variation of licences, and
	(e) about appeals against refusals to grant or vary, or variations of, licences.