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(b) section 29(1) to (5), (6)(a) and (7) and section 30(1) to (9) (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) | 5 |
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) section 37 (disclosure of information by Customs and Excise), | 10 |
(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 Schedules 14 and 15 to the Enterprise Act 2002 (c. 40) (disclosure of | 15 |
information), insert at the appropriate place— | |
“Fireworks Act 2003.”. | |
13 Savings for certain privileges | |
Section 47 of the Consumer Protection Act 1987 (c. 43) (savings for privileges) | |
applies in relation to this Act. | 20 |
14 Prohibition of supply etc. of other explosives | |
(1) The power to make regulations under section 3 or 4(2) applies to explosives | |
other than fireworks as to fireworks; and regulations made by virtue of this | |
subsection are fireworks regulations for all the purposes of this Act. | |
(2) In subsection (1) “explosives” has the same meaning as in the Explosives Act | 25 |
1875 (c. 17). | |
(3) The Secretary of State may by regulations substitute a new definition of | |
“explosives” for the definition in subsection (2). | |
15 Repeals and revocation | |
The Schedule (repeals and revocation) has effect. | 30 |
16 Parliamentary procedure for regulations | |
(1) Any power to make regulations under this Act is exercisable by statutory | |
instrument. | |
(2) Regulations under section 1(2) or 14(3) must not be made unless a draft of the | |
statutory instrument containing them has been laid before Parliament and | 35 |
approved by a resolution of each House. | |
(3) A statutory instrument containing fireworks regulations is subject to | |
annulment in pursuance of a resolution of either House of Parliament. | |
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17 Financial provisions | |
(1) There is to be paid out of money provided by Parliament— | |
(a) any expenses incurred by the Secretary of State in consequence of any | |
provision of this Act, and | |
(b) any increase attributable to this Act in the sums payable out of money | 5 |
so provided under any other Act. | |
(2) Any sums received by the Secretary of State by virtue of this Act are to be paid | |
into the Consolidated Fund. | |
18 Commencement | |
(1) Sections 1 to 16 (and the Schedule) do not come into force until a day appointed | 10 |
by order made by the Secretary of State by statutory instrument; and different | |
days may be appointed for different purposes. | |
(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 the Secretary of State considers appropriate. | 15 |
19 Short title and extent | |
(1) This Act may be cited as the Fireworks Act 2003. | |
(2) This Act does not extend to Northern Ireland. | |
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Schedule | |
Section 15 | |
Repeals and revocation | |
| Short title or title | Extent of repeal or revocation | | | | Explosives Act 1875 (c. 17) | Sections 30 to 32. | | | | | In section 40(4), the words “, and for the | | 5 | | | minimum amount limited by Part One of this | | | | | Act to be exposed for sale or sold otherwise | | | | | than in a substantial case, box, canister, or | | | | | other receptacle as therein mentioned”, the | | | | | words “or minimum” and the words “, as the | | 10 | | | case may be,”. | | | | | Section 80. | | | | Health and Safety at Work etc. | In Schedule 1, in the entry relating to the | | | | Act 1974 (c. 37) | Explosives Act 1875, in the third column, the | | | | | words “30 to 32, 80 and”. | | 15 | | Explosives (Age of Purchase | The whole Act. | | | | &c.) Act 1976 (c. 26) | | | | | Roads (Scotland) Act 1984 | In Schedule 9, paragraph 7(3) and (4). | | | | (c. 54) | | | | | Explosives Act 1875 etc. | In Schedule 1, the entry relating to section 32 of | | 20 | | (Metrication and Miscellan- | the Explosives Act 1875. | | | | eous Amendment) Regu- | | | | | lations 1984 (S.I. 1984/510) | | | | | Consumer Protection Act 1987 | In Schedule 4, paragraph 1. | | | | (c. 43) | | | 25 | | Criminal Justice and Police Act | In the Table in section 1(1), the entry relating to | | | | 2001 (c. 16) | section 80 of the Explosives Act 1875. | | |
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