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Arrangement of Clauses (Contents)

Fireworks Bill
 
 

 
 
A

B I L L

[AS AMENDED IN STANDING COMMITTEE A]

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, or
 
    (b) during hours of the day,
  specified in the regulations.
 
      (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,
  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.
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.
 
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