NOTICES OF AMENDMENTS
given up to and including
Wednesday 11th June 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
FIREWORKS BILL, AS AMENDED
NEW CLAUSES
The costs of local authorities
Mr Christopher Chope
Mr Edward Leigh
NC1
*To move the following Clause:—
'The Secretary of State shall make grants of such as are necessary to meet in full the costs reasonably incurred by local authorities in consequence of any provision of this Act.'.
Police authority enforcement policy document
Mr Christopher Chope
Mr Edward Leigh
NC2
*To move the following Clause:—
'It shall be the duty of each police authority to publish an enforcement policy document in relation to offences committed under this Act.'.
Mr Christopher Chope
Mr Edward Leigh
40
*Page 1, line 9 [Clause 1], leave out subsection (2).
Mr Andrew Dismore
3
*Page 1 [Clause 1], leave out line 15.
Mr Andrew Dismore
4
*Page 1, line 17 [Clause 2], leave out 'may' and insert 'shall'.
Mr Christopher Chope
Mr Edward Leigh
41
*Page 2, line 1 [Clause 2], leave out 'there is no' and insert 'the'.
Mr Christopher Chope
Mr Edward Leigh
42
*Page 2, line 2 [Clause 2], after 'subsection (3)', insert 'is controlled'.
Mr Christopher Chope
Mr Edward Leigh
43
*Page 2, line 2 [Clause 2], leave out ', or'.
Mr Christopher Chope
Mr Edward Leigh
44
*Page 2, line 3 [Clause 2], leave out paragraph (b).
Miss Melanie Johnson
1
Page 2, line 5 [Clause 2], leave out subsection (2).
Mr Christopher Chope
Mr Edward Leigh
45
*Page 2, line 8 [Clause 2], leave out paragraph (a) and insert—
| '(a) | death, injury or unnecessary suffering to persons'. |
Mr Christopher Chope
Mr Edward Leigh
46
*Page 2, line 9 [Clause 2], leave out paragraph (b) and insert—
| '(b) | death, injury or unnecessary suffering to any domestic or captive animals, and'. |
Mr Andrew Dismore
5
*Page 2, line 14 [Clause 2], at end insert—
| '( ) | representatives of ethnic minority communities'. |
Mr Christopher Chope
Mr Edward Leigh
47
*Page 2, line 16 [Clause 2], at end insert—
'Before making fireworks regulations the Secretary of State must issue a full regulatory impact assessment setting out details of the costs and benefits and the wider economic social and environmental impact of the proposed regulations'.
Mr Christopher Chope
Mr Edward Leigh
48
*Page 2, line 18 [Clause 2], leave out 'twelve' and insert 'six'.
Mr Christopher Chope
Mr Edward Leigh
49
*Page 2, line 25 [Clause 2], leave out paragraph (b).
Mr Andrew Dismore
6
*Page 2, line 35 [Clause 3], leave out 'may' and insert 'shall'.
Mr Andrew Dismore
Mr Christopher Chope
Mr Edward Leigh
7
*Page 2, line 39 [Clause 3], leave out 'an age so specified' and insert 'the age of 18 years'.
Mr Andrew Dismore
8
*Page 2, line 40 [Clause 3], leave out 'may' and insert 'shall'.
Mr Andrew Dismore
Mr Christopher Chope
Mr Edward Leigh
9
*Page 2, line 42 [Clause 3], leave out 'an age so specified' and insert 'the age of 18 years'.
Mr Christopher Chope
Mr Edward Leigh
52
*Page 3, line 4 [Clause 4], leave out from 'from' to 'using' in line 5.
Mr Andrew Dismore
10
*Page 3, line 6 [Clause 4], after 'day', insert 'or dates in the year'.
Mr Christopher Chope
Mr Edward Leigh
53
*Page 3, line 7 [Clause 4], leave out from 'from' to 'using' in line 8.
Mr Andrew Dismore
11
*Page 3, line 12 [Clause 4], after 'regulations', insert—
'( ) without prejudice to the generality of (2) above, the regulations shall specify the application of (2)(a) above to locations near to—
| (a) | residential or care premises accommodating the elderly, |
| (c) | the private homes of sight-impaired persons reliant on guide dogs, |
Mr Edward Leigh
Mr Christopher Chope
64
*Page 3, line 16 [Clause 4], at end insert—
'( ) Fireworks regulations may not prohibit the supply of fireworks for private use on residential premises.'.
Mr Edward Leigh
Mr Christopher Chope
67
*Page 3, line 16 [Clause 4], at end insert—
'( ) Firework regulations may not prohibit the supply of fireworks in such a way as to interfere with the celebration of major religious and national festivals.'.
Mr Andrew Dismore
12
*Page 3, line 18 [Clause 5], leave out 'may' and insert 'shall'.
Mr Andrew Dismore
13
*Page 3, line 24 [Clause 5], at end insert—
| '(c) | without prejudice to the generality of this subsection, (a) and (b) shall prohibit fireworks with a capacity to exceed 95db when set off'. |
Mr Edward Leigh
Mr Christopher Chope
66
*Page 3, line 28 [Clause 5], at end insert—
'( ) Subsections (1) and (2) shall not apply to class I and class II fireworks.'.
Mr Christopher Chope
Mr Edward Leigh
54
*Page 3, line 30 [Clause 5], leave out 'include in particular' and insert 'are'.
Mr Andrew Dismore
14
*Page 3, line 34 [Clause 5], after first 'of', insert 'an approved'.
Mr Andrew Dismore
15
*Page 3, line 34 [Clause 5], leave out 'a'.
Mr Andrew Dismore
16
*Page 3, line 37 [Clause 5], after 'experience', insert 'to a specified standard'.
Mr Andrew Dismore
17
*Page 3, line 39 [Clause 5], after 'against', insert 'third party'.
Mr Andrew Dismore
18
*Page 3, line 39 [Clause 6], after 'liability', insert 'for death, personal injury or destruction of, or damage to, property'.
Mr Christopher Chope
Mr Edward Leigh
55
*Page 3, line 44 [Clause 5], at end add—
'( ) Nothing in this section shall apply to—
| (a) | any person whose trade or business is the professional organisation or professional operation of firework displays; |
| (b) | any person whose trade or business, or part of whose trade or business, is the supply of fireworks or assemblies, for the purposes of supplying them in accordance with the provisions of these Regulations; |
| (c) | any local authority for the purposes of a firework display; |
| (d) | any person for use, in the course of a trade or business of his, for special effects purposes in the theatre, on film or on television; |
| (e) | any local authority, enforcement officer or other body, where that authority or body: |
| (i) | has enforcement powers, conferred by or under enactment, applying to the firework or assembly in question; and |
| (ii) | before it purchases the goods, informs the supplier that the purchase is to be made for the purposes of ascertaining whether any provision made by or under any enactment and relating to the safety of the goods has been contravened in relation to those goods; |
| (f) | any department of the Government of the United Kingdom for the purposes of a firework display put on by that department for use by that department at a national public celebration or a national commemorative event or for use by that department for research or investigations purposes; |
| (i) | is in business as a supplier of goods designed and intended for use in conjunction with fireworks or assemblies; and |
| (ii) | intends to use the firework or assembly in question solely for the purposes of testing those goods to ensure that, when used in conjunction with fireworks or assemblies of the same type, they will perform their intended function or comply with any provision made by or under any enactment and relating to the safety of those goods; or |
| (h) | any establishment of the naval, military or air forces of the Crown for the purposes of a firework display or for use at a national public celebration or a national commemorative event.'. |
Mr Andrew Dismore
19
*Page 4, line 2 [Clause 6], leave out 'may' and insert 'shall'.
