Amendment Paper as at
Friday 13th June 2003
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 sums 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 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 animal, and'. |
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
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
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 Christopher Chope
Mr Edward Leigh
53
Page 3, line 7 [Clause 4], leave out from 'from' to 'using' in line 8.
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 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 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 Christopher Chope
Mr Edward Leigh
56
Page 4, line 3 [Clause 6], at end insert—
'( ) advanced notification of the time and place of the display has been given to the owners or recipients of land adjoining the site of the display'.
Mr Christopher Chope
Mr Edward Leigh
57
Page 4, line 9 [Clause 6], leave out paragraph (c).
Mr Christopher Chope
Mr Edward Leigh
58
Page 4, line 29 [Clause 6], at end insert—
'( ) Nothing in this section shall apply to a display from which the public are excluded notwithstanding that it may be witnessed by the public.'.
Mr Christopher Chope
Mr Edward Leigh
59
Page 4, line 29 [Clause 6], at end insert—
'( ) Nothing in this section shall apply to a display which does not include the use of fireworks under category 4 of the British Standard Specification relating to fireworks published on 30 November 1988 (BS 7114) or any British Standard Specification replacing it.'.
Mr Christopher Chope
Mr Edward Leigh
60
Page 4, line 30, leave out Clause 7.
Mr Christopher Chope
Mr Edward Leigh
61
Page 5, line 13 [Clause 7], 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 purpose 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 Mr Edward Leigh
Mr Christopher Chope
65
Page 5, line 33, leave out Clause 9.
Mr Christopher Chope
Mr Edward Leigh
63
Page 6, line 10, leave out Clause 10.
Mr Christopher Chope
Mr Edward Leigh
62
Page 8, line 15 [Clause 12], leave out subsection (3).
Miss Melanie Johnson
2
Page 10, line 15 [Schedule], at end insert—
