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| Information about fireworks. |
8. - (1) Fireworks regulations may include provision for securing that-
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(a) appropriate information is, and |
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(b) inappropriate information is not, |
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given in relation to fireworks, or fireworks of a description specified in the regulations.
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(2) The provision that may be contained in fireworks regulations by virtue of subsection (1) includes, in particular, provision-
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(a) requiring that a mark, warning or instruction relating to the fireworks be put on or accompany the fireworks, or |
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(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-
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(a) exceptions from the requirement, or |
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(b) provision for the granting of dispensations from the requirement. |
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(4) If fireworks regulations impose any requirement 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.
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| Prohibition of placing of fireworks on the market. |
9. - (1) Fireworks regulations may include provision prohibiting persons who manufacture or import fireworks from 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) For this purpose a person places fireworks on the market-
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(a) when they leave any premises of his for delivery to another person, or |
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(b) if he has imported them into the United Kingdom and they are not to be kept in any premises of his, when they are imported. |
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(3) If fireworks regulations impose any prohibition by virtue of this section, they may contain-
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(a) exceptions from the prohibition, or |
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(b) provision for the granting of dispensations from the prohibition. |
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(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.
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| Training courses. |
10. - (1) If fireworks regulations specify conditions relating to the satisfactory completion of a course, or courses, of training in the use of fireworks, they may make provision for courses to be provided by-
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(a) the Secretary of State, |
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(b) a body or bodies established or recognised by the Secretary of State, or |
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(2) If fireworks regulations make provision for courses to be provided by licensed persons, they may-
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(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 State, and |
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(b) 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 (3). |
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(3) Those matters are-
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(a) the grant, variation and revocation of licences, |
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(b) conditions which may be attached to licences, |
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(c) the charging of fees for the grant or variation of licences, and |
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(d) appeals against refusals to grant or vary, or variations of, licences. |
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(4) Fireworks regulations may authorise-
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(a) the Secretary of State, or |
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(b) any body or bodies established or recognised by the Secretary of State under this section, |
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to make provision about any of the matters mentioned in subsection (5).
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(5) Those matters are-
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(a) the descriptions of persons who are to be eligible to attend courses of training in the use of fireworks, |
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(b) the subject matter to be covered by courses and the conduct of courses, |
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(c) the charging of fees for attendance at courses, |
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(d) the criteria to be applied in determining whether persons have satisfactorily completed courses, |
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(e) the form and content of certificates to be awarded to persons who have satisfactorily completed courses, |
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(f) appeals against refusals to award certificates to persons who have attended courses, and |
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(g) the keeping of records about persons who have attended courses. |
| Offences. |
11. - (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.
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(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-
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(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. |
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(4) A person guilty of an offence under this section is liable on summary conviction to-
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(a) imprisonment for a term not exceeding six months, or |
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(b) a fine not exceeding level 5 on the standard scale, |
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or to both.
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(5) Fireworks regulations shall not provide for any contravention of the regulations to be an offence.
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(6) Section 11(3)(c) to (f) of the Consumer Protection Act 1987 (provision about offences which may be included in regulations) apply 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.
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(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 persons other than the principal offender) has effect accordingly.
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(8) In proceedings against any person for an offence of contravening a prohibition imposed by fireworks regulations under section 3(1) it shall be 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 below the age specified in the regulations.
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(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.
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| Enforcement. |
12. - (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.
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(2) The following provisions of that Act-
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(a) section 29(1), (2), (4), (5) (6)(a) and (7) and section 30(1) to (5), (9) and (10) (powers of search etc.), |
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(b) section 32 (obstruction of officer), |
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(c) section 33 (appeals against detention), apart from subsections (2)(a)(ii) and (3)(a)(ii), |
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(d) section 34 (compensation for seizure and detention), |
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(e) section 35 (recovery of enforcement expenses), apart from subsections (1)(b) and (2)(b), |
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(f) sections 37 and 38 (disclosure of information etc.), |
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(g) section 41 (civil proceedings), and |
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(h) section 44 (service of documents), |
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apply in relation to fireworks regulations as to regulations under section 11 of that Act.
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(3) In section 38(3) of the Consumer Protection Act 1987, after paragraph (o), insert-
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"(p) the Fireworks Act 1998." |
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| Savings for certain privileges. |
13. Section 47 of the Consumer Protection Act 1987 (savings for privileges) applies in relation to this Act.
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Other provisions |
| Byelaws about supply etc. of fireworks. |
14. - (1) A local authority may make byelaws, to be observed within the whole or any part of its area, prohibiting persons from supplying or using fireworks, or fireworks of a description specified in the byelaws-
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(a) during periods of the year, |
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(b) during hours of the day, or |
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(c) at places or in circumstances, |
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specified in the byelaws.
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(2) If byelaws impose any prohibition by virtue of subsection (1), they may contain-
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(a) exceptions from the prohibition, or |
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(b) provision for the granting of dispensations from the prohibition. |
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(3) Any person who contravenes a prohibition imposed by byelaws made under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
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(4) Section 39 of the Consumer Protection Act 1987 (defence of due diligence) applies to an offence under subsection (3) and section 40(1) of that Act (liability of persons other than the principal offender) has effect accordingly.
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(5) Section 40(2) and (3) of that Act (offences by bodies corporate) applies to an offence under subsection (3) as to an offence under that Act.
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(6) In this section "local authority"-
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(a) in relation to England, means any unitary authority or any council of a district so far as it is not a unitary authority, |
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(b) in relation to Wales, means the council of any county or county borough, and |
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(c) in relation to Scotland, means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994. |
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(7) In subsection (6)(a) "unitary authority" means-
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(a) the council of any county so far as it is the council for an area for which there are no district councils, |
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(b) the council of any district comprised in an area for which there is no county council, |
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(c) any London borough council, |
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(d) the Common Council of the City of London, or |
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(e) the Council of the Isles of Scilly. |
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(8) Where a local authority makes byelaws under this section the Secretary of State may after consultation with the local authority direct them to revoke the byelaws or to make such amendments of the byelaws as are specified in the direction.
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| Prohibition of supply etc. of explosives to young persons. |
15. - (1) The power to make regulations under section 3 applies to explosives other than fireworks as to fireworks; and regulations made under this section are fireworks regulations for all the purposes of this Act.
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(2) In this section "explosives" has the same meaning as in the Explosives Act 1875.
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Supplementary |
| Repeals. |
16. The Schedule (repeals) has effect.
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| Parliamentary procedure for regulations. |
17. Any power to make regulations under this Act shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
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| Financial provisions. |
18. - (1) There shall be paid out of money provided by Parliament-
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(a) any expenses incurred by any Minister of the Crown or government department in consequence of any provision of this Act, and |
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(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act. |
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(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
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| Commencement. |
19. - (1) Sections 1 to 17 shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
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(2) The Secretary of State may by order made by statutory instrument make such transitional provision in connection with the coming into force of any provision of this Act as he considers appropriate.
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| Short title and extent. |
20. - (1) This Act may be cited as the Fireworks Act 1998.
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(2) Apart from section 14, this Act extends to Northern Ireland.
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