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A | |
Bill | |
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 | |
1 Introduction | |
(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 | 5 |
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 substitute a new definition of | |
“fireworks” for the definition in subsection (1). | 10 |
(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. | 15 |
Fireworks regulations | |
2 Power to make regulations about fireworks | |
(1) The Secretary of State may by regulations (“fireworks regulations”) make any | |
provision which the Secretary of State considers appropriate— | |
(a) for securing that there is no risk that use of fireworks will have the | 20 |
consequences specified in subsection (2), or | |
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(b) for securing that the risk that the use of fireworks will have those | |
consequences is the minimum that is compatible with their being used. | |
(2) The consequences are— | |
(a) death of persons or injury, alarm, distress or anxiety to persons, | |
(b) death of animals or injury or distress to animals, and | 5 |
(c) destruction of, or damage to, property. | |
(3) Before making fireworks regulations the Secretary of State must consult— | |
(a) the Health and Safety Commission, | |
(b) organisations which appear to the Secretary of State to be | |
representative of interests substantially affected by the proposal, and | 10 |
(c) other persons whom the Secretary of State considers it appropriate to | |
consult. | |
(4) But subsection (3) does not apply if the regulations are to— | |
(a) cease to have effect at the end of period of not more than twelve months | |
beginning with the day on which they come into force, and | 15 |
(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 | 20 |
(b) to make any incidental, supplementary, consequential and transitional | |
provision which the Secretary of State considers appropriate. | |
(6) Section 18 of the Consumer Protection Act 1987 (c. 43) (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 in relation | 25 |
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. | |
3 Prohibition of supply etc. to young persons | 30 |
(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. | 35 |
(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— | 40 |
(a) exceptions from the prohibition, or | |
(b) provision for the granting of dispensations from the prohibition. | |
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4 Prohibition of supply etc. in certain circumstances | |
(1) Fireworks regulations may include provision prohibiting persons from | |
supplying, purchasing, possessing or using fireworks, or fireworks of a | |
description specified in the regulations, during hours of the day so specified. | |
(2) Fireworks regulations may include provision prohibiting persons from | 5 |
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. | 10 |
(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. | |
5 Prohibition of supply etc. of certain fireworks | 15 |
(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 | 20 |
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 | 25 |
specified in the regulations by persons of a description so specified. | |
(3) The descriptions of persons which may be specified in fireworks regulations by | |
virtue of subsection (1) or (2) 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). | 30 |
(4) Those matters are— | |
(a) the satisfactory completion of a course, or courses, of training relating | |
to 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 | 35 |
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— | 40 |
(a) exceptions from the prohibition, or | |
(b) provision for the granting of dispensations from the prohibition. | |
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6 Public fireworks displays | |
(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 | 5 |
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 | 10 |
(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 | 15 |
satisfactory completion of a course, or courses, of training relating to | |
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 | 20 |
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 | 25 |
(b) provision for the granting of dispensations from the prohibition. | |
(5) In this section “public fireworks display” means a fireworks display at which | |
the public, or any section of the public, are present (whether or not they have | |
paid to be). | |
7 Licensing of suppliers | 30 |
(1) Fireworks regulations may include provision prohibiting persons, or persons | |
of a description specified in the regulations, from supplying, exposing for | |
supply or possessing for supply fireworks, or fireworks of a description so | |
specified, unless— | |
(a) they are licensed in accordance with the regulations, and | 35 |
(b) the fireworks are supplied, exposed for supply or kept at premises | |
which are so licensed. | |
(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 | 40 |
person or 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 persons or | |
premises are licensed), | 45 |
(d) for the charging of fees for the grant or variation of licences, and | |
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(e) about appeals against refusals to grant or vary, or variations of, | |
licences. | |
(3) The provision that may be contained in fireworks regulations by virtue of | |
subsection (1) includes, in particular, provision that a person may not be | |
licensed unless any conditions which are specified in the regulations are | 5 |
satisfied by the person or his employees (or both). | |
(4) Those conditions may include conditions relating to the satisfactory | |
completion of a course, or courses, of training about fireworks and the means | |
of proving the satisfactory completion of such course or courses. | |
(5) If fireworks regulations impose any prohibition by virtue of this section, they | 10 |
may contain— | |
(a) exceptions from the prohibition, or | |
(b) provision for the granting of dispensations from the prohibition. | |
8 Information about fireworks | |
(1) Fireworks regulations may include provision for securing that— | 15 |
(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 | 20 |
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. | 25 |
(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 | 30 |
may contain provision requiring the keeping of records by any person to | |
whom information is given under the regulations. | |
9 Prohibition of importation etc. of fireworks | |
(1) Fireworks regulations may include provision prohibiting persons from— | |
(a) importing, | 35 |
(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. | 40 |
(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 | |
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(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 | 5 |
(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. | |
10 Training courses | 10 |
(1) If fireworks regulations specify conditions relating to the satisfactory | |
completion of a course, or courses, of training about 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 | 15 |
(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 | 20 |
State, | |
(b) authorise the making by the Secretary of State of provision about the | |
charging of fees for the grant or variation of licences, and | |
(c) 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 | 25 |
(3). | |
(3) Those matters are— | |
(a) the grant, variation and revocation of licences, | |
(b) conditions which may be attached to licences, and | |
(c) appeals against refusals to grant or vary, or variations of, licences. | 30 |
(4) Fireworks regulations may authorise— | |
(a) the making by the Secretary of State of provision about the charging of | |
fees for attendance at courses of training about fireworks, and | |
(b) the making by the Secretary of State, or by any body or bodies | |
established or recognised by the Secretary of State under this section, of | 35 |
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 about fireworks, | |
(b) the subject matter to be covered by courses and the conduct of courses, | 40 |
(c) the criteria to be applied in determining whether persons have | |
satisfactorily completed courses, | |
(d) the form and content of certificates to be awarded to persons who have | |
satisfactorily completed courses, | |
(e) appeals against refusals to award certificates to persons who have | 45 |
attended courses, and | |
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(f) the keeping of records about persons who have attended courses. | |
Supplementary | |
11 Offences | |
(1) Any person who contravenes a prohibition imposed by fireworks regulations | |
is guilty of an offence. | 5 |
(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 | 10 |
(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, | 15 |
or to both. | |
(5) Fireworks regulations may not provide for any contravention of the | |
regulations to be an offence. | |
(6) Paragraphs (c), (e) and (f) of section 11(3) of the Consumer Protection Act 1987 | |
(c. 43) (provision about offences which may be included in regulations) apply | 20 |
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 | 25 |
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 made by virtue of section 3(1) it is 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 | 30 |
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. | |
12 Enforcement | 35 |
(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 | 40 |
to forfeiture and suspension notices, | |
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