Fireworks Bill

House of Commons

Session 1997-98
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Arrangement of Clauses (Contents)

Fireworks Bill

EXPLANATORY AND FINANCIAL MEMORANDUM

    The Bill makes provision about fireworks and other explosives. It confers power on the Secretary of State to make regulations for the purpose of securing that fireworks are used safely and to make regulations controlling the supply of other explosives to, and the possession and purchase of other explosives by, young people. The Bill also confers power on local authorities in England and Wales and Scotland to make byelaws relating to the supply and use of fireworks. It provides for the contravention of a provision of regulations or byelaws made under the Bill to be an offence.

    Clause 1 defines terms used in the Bill. The Secretary of State is given power to amend by regulations the definition of fireworks.

    Clause 2 confers on the Secretary of State the power to make regulations for the purpose of securing that fireworks are used safely. This is defined to mean that their use should present no risk or only a minimal risk to people or animals, or no risk or only a minimal risk of damage to property. Except in circumstances of urgency, the Secretary of State has a duty before making the regulations to consult the Health and Safety Commission and other bodies likely to be affected by the regulations.

    Clause 3 provides that regulations may include provision prohibiting the supply to, or the purchase or possession of fireworks by, persons below an age specified in the regulations.

    Clause 4 provides that regulations may include provision prohibiting the supply, purchase, possession or use of fireworks during periods of the year or hours of the day, or at places or in circumstances, specified in the regulations.

    Clause 5 provides that regulations may include provision prohibiting the supply, purchase or possession of fireworks of a specified description. This prohibition may be applied in relation to all persons or only in relation to persons of a specified description. The specified descriptions can include persons who are not satisfactorily trained or experienced in the use of fireworks or who are not covered by insurance.

    Clause 6 provides that regulations may include provision prohibiting the operation of public fireworks displays unless specified conditions have been complied with or if operators do not comply with specified conditions. The conditions relating to displays may include conditions requiring notice and information to be given, and fees to be paid, to persons specified in the regulations. The conditions relating to operators may include conditions relating to satisfactory training in the use of fireworks. The clause also provides that regulations may prohibit persons below an age specified in the regulations operating, or assisting in the operation of, public fireworks displays.

    Clause 7 provides that regulations may include provision prohibiting the supply, or exposure or possession for supply, of fireworks otherwise than at licensed premises. The regulations may specify by whom and on what terms such licences may be granted.

    Clause 8 provides that regulations may include provision specifying information which is required to be given (or not to be given) in relation to fireworks. Such information may include marks, warnings and instructions to be given on or with fireworks.

    Clause 9 provides that regulations may include provision prohibiting fireworks from being placed on the market unless requirements to give information have been satisfied.

    Clause 10 provides that where regulations specify conditions relating to training, the regulations may also make provision for the creation and provision of training courses. In particular, the regulations may include provision for the Secretary of State to recognise or license bodies for the purpose of providing training in the use of fireworks.

    Clause 11 makes provision about offences relating to regulations. The maximum penalty is six months' imprisonment or a fine not exceeding level 5 on the standard scale (currently £5,000) or both.

    Clause 12 provides that certain provisions of the Consumer Protection Act 1987 are to apply to regulations made under the Bill as they apply to safety regulations made under section 11 of that Act. The applied provisions deal with the enforcement of regulations and include powers to search premises and to seize and detain fireworks.

    Clause 13 applies the provisions of section 47 of the Consumer Protection Act 1987 to the Bill. That section preserves a person's right to claim privilege in refusing to answer questions or produce documents.

    Clause 14 confers power on local authorities in England and Wales and Scotland to make byelaws prohibiting the supply or use of fireworks during periods of the year or hours of the day, or at places or in circumstances specified in the byelaws. It also makes provision about offences relating to byelaws. The maximum penalty is a fine not exceeding level 3 on the standard scale (currently £1,000).

    Clause 15 extends the power conferred by clause 3 so as to cover explosives other than fireworks.

Financial effects of the Bill

    The Bill contains enabling powers to make regulations dealing with a wide variety of matters in relation to fireworks. The financial effects of the Bill will depend on the content of such regulations and cannot at this stage be predicted. In particular, the regulations may confer power on the Secretary of State to provide training courses. The Secretary of State will have a duty to consult before regulations are made and the costs and benefits of specific measures will be considered when such measures are proposed. The Bill also extends the powers of local authorities in England and Wales and Scotland to make byelaws.

Effect of the Bill on public service manpower

    The Bill will have no effect on central government staff numbers. It is anticipated that where regulations confer power on the Secretary of State to provide training courses, such courses would be provided by contractors. Depending on the content of regulations, the Bill may have an impact on local government staff numbers. The extent of any such impact will be considered when specific regulations are proposed.

© Parliamentary copyright 1997
Prepared 24 November 1997

Fireworks Bill

	EXPLANATORY AND FINANCIAL MEMORANDUM
	The Bill makes provision about fireworks and other explosives. It confers power on the Secretary of State to make regulations for the purpose of securing that fireworks are used safely and to make regulations controlling the supply of other explosives to, and the possession and purchase of other explosives by, young people. The Bill also confers power on local authorities in England and Wales and Scotland to make byelaws relating to the supply and use of fireworks. It provides for the contravention of a provision of regulations or byelaws made under the Bill to be an offence.
	Clause 1 defines terms used in the Bill. The Secretary of State is given power to amend by regulations the definition of fireworks.
	Clause 2 confers on the Secretary of State the power to make regulations for the purpose of securing that fireworks are used safely. This is defined to mean that their use should present no risk or only a minimal risk to people or animals, or no risk or only a minimal risk of damage to property. Except in circumstances of urgency, the Secretary of State has a duty before making the regulations to consult the Health and Safety Commission and other bodies likely to be affected by the regulations.
	Clause 3 provides that regulations may include provision prohibiting the supply to, or the purchase or possession of fireworks by, persons below an age specified in the regulations.
	Clause 4 provides that regulations may include provision prohibiting the supply, purchase, possession or use of fireworks during periods of the year or hours of the day, or at places or in circumstances, specified in the regulations.
	Clause 5 provides that regulations may include provision prohibiting the supply, purchase or possession of fireworks of a specified description. This prohibition may be applied in relation to all persons or only in relation to persons of a specified description. The specified descriptions can include persons who are not satisfactorily trained or experienced in the use of fireworks or who are not covered by insurance.
	Clause 6 provides that regulations may include provision prohibiting the operation of public fireworks displays unless specified conditions have been complied with or if operators do not comply with specified conditions. The conditions relating to displays may include conditions requiring notice and information to be given, and fees to be paid, to persons specified in the regulations. The conditions relating to operators may include conditions relating to satisfactory training in the use of fireworks. The clause also provides that regulations may prohibit persons below an age specified in the regulations operating, or assisting in the operation of, public fireworks displays.
	Clause 7 provides that regulations may include provision prohibiting the supply, or exposure or possession for supply, of fireworks otherwise than at licensed premises. The regulations may specify by whom and on what terms such licences may be granted.
	Clause 8 provides that regulations may include provision specifying information which is required to be given (or not to be given) in relation to fireworks. Such information may include marks, warnings and instructions to be given on or with fireworks.
	Clause 9 provides that regulations may include provision prohibiting fireworks from being placed on the market unless requirements to give information have been satisfied.
	Clause 10 provides that where regulations specify conditions relating to training, the regulations may also make provision for the creation and provision of training courses. In particular, the regulations may include provision for the Secretary of State to recognise or license bodies for the purpose of providing training in the use of fireworks.
	Clause 11 makes provision about offences relating to regulations. The maximum penalty is six months' imprisonment or a fine not exceeding level 5 on the standard scale (currently £5,000) or both.
	Clause 12 provides that certain provisions of the Consumer Protection Act 1987 are to apply to regulations made under the Bill as they apply to safety regulations made under section 11 of that Act. The applied provisions deal with the enforcement of regulations and include powers to search premises and to seize and detain fireworks.
	Clause 13 applies the provisions of section 47 of the Consumer Protection Act 1987 to the Bill. That section preserves a person's right to claim privilege in refusing to answer questions or produce documents.
	Clause 14 confers power on local authorities in England and Wales and Scotland to make byelaws prohibiting the supply or use of fireworks during periods of the year or hours of the day, or at places or in circumstances specified in the byelaws. It also makes provision about offences relating to byelaws. The maximum penalty is a fine not exceeding level 3 on the standard scale (currently £1,000).
	Clause 15 extends the power conferred by clause 3 so as to cover explosives other than fireworks.
	Financial effects of the Bill
	The Bill contains enabling powers to make regulations dealing with a wide variety of matters in relation to fireworks. The financial effects of the Bill will depend on the content of such regulations and cannot at this stage be predicted. In particular, the regulations may confer power on the Secretary of State to provide training courses. The Secretary of State will have a duty to consult before regulations are made and the costs and benefits of specific measures will be considered when such measures are proposed. The Bill also extends the powers of local authorities in England and Wales and Scotland to make byelaws.
	Effect of the Bill on public service manpower
	The Bill will have no effect on central government staff numbers. It is anticipated that where regulations confer power on the Secretary of State to provide training courses, such courses would be provided by contractors. Depending on the content of regulations, the Bill may have an impact on local government staff numbers. The extent of any such impact will be considered when specific regulations are proposed.