Fireworks Bill - continued        House of Commons
Fireworks regulations - continued

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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.
Information about fireworks.     8. - (1) Fireworks regulations may include provision for securing that-
 
 
    (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 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.
      (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 may contain provision requiring the keeping of records by any person to whom information is given under the regulations.
 
Prohibition of importation etc. of fireworks.     9. - (1) Fireworks regulations may include provision prohibiting persons from-
 
 
    (a) importing,
 
    (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.
 
      (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
 
    (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
 
    (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.
 
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-
 
 
    (a) the Secretary of State,
 
    (b) a body or bodies established or recognised by the Secretary of State, or
 
    (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 State, and
 
    (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).
      (3) Those matters are-
 
 
    (a) the grant, variation and revocation of licences,
 
    (b) conditions which may be attached to licences,
 
    (c) the charging of fees for the grant or variation of licences, and
 
    (d) appeals against refusals to grant or vary, or variations of, licences.
      (4) Fireworks regulations may authorise-
 
 
    (a) the Secretary of State, or
 
    (b) any body or bodies established or recognised by the Secretary of State under this section,
  to make 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 in the use of fireworks,
 
    (b) the subject matter to be covered by courses and the conduct of courses,
 
    (c) the charging of fees for attendance at courses,
 
    (d) the criteria to be applied in determining whether persons have satisfactorily completed courses,
 
    (e) the form and content of certificates to be awarded to persons who have satisfactorily completed courses,
 
    (f) appeals against refusals to award certificates to persons who have attended courses, and
 
    (g) the keeping of records about persons who have attended courses.
 
Supplementary
Offences.     11. - (1) Any person who contravenes a prohibition imposed by fireworks regulations is guilty of an offence.
 
      (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
 
    (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,
  or to both.
 
      (5) Fireworks regulations shall not provide for any contravention of the regulations to be an offence.
 
      (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.
 
      (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.
 
      (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.
 
      (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.
 
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.
 
      (2) The following provisions of that Act-
 
 
    (a) section 28(1)(a) and (2) to (4) (test purchases), apart from the references to forfeiture and suspension notices,
 
    (b) section 29(1) to (5), (6)(a) and (7) and section 30 (powers of search etc.), apart from the references to forfeiture and suspension notices,
 
    (c) section 32 (obstruction of officer),
 
    (d) section 33 (appeals against detention), apart from subsections (2)(a)(ii) and (3)(a)(ii),
 
    (e) section 34 (compensation for seizure and detention),
 
    (f) section 35 (recovery of enforcement expenses), apart from subsections (1)(b) and (2)(b),
 
    (g) sections 37 and 38 (disclosure of information etc.),
 
    (h) section 41 (civil proceedings), and
 
    (i) section 44 (service of documents),
  apply in relation to fireworks regulations as to regulations under section 11 of that Act.
 
      (3) In section 38(3) of the Consumer Protection Act 1987 (exceptions to restrictions on disclosure of information if disclosure made pursuant to specified enactments), after paragraph (o), insert-
 
 
    "(p) the Fireworks Act 1998."
 
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Prepared 12 March 1998