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amend the Fireworks Act 2003; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Amendment of Fireworks Act 2003 |
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(1) | In the Fireworks Act 2003 (c. 22) ("the 2003 Act"), the following is inserted after |
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“5A | Prohibitions to include loud category 3 fireworks |
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(1) | Where fireworks regulations impose a prohibition for a purpose |
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referable to any of the consequences set out in section 2(2)(a) or (b), the |
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fireworks to which the prohibition relates must include loud fireworks |
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(2) | For the purposes of this Act a “loud firework” is a firework which does |
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not meet the noise requirement set out in subsection (3). |
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(3) | The noise requirement is that the firework is materially identical to a |
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specimen which, on testing in accordance with the relevant standard, |
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was found to produce a noise, measured in accordance with the |
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relevant standard, not exceeding 97 dBAI. |
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(4) | For the purposes of this section— |
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(a) | Part 3 of the British Standard Specification mentioned in section |
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1(1)(a) shall have effect subject to the modifications set out in |
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(b) | the Secretary of State shall by fireworks regulations specify such |
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modifications to any provisions of a British Standard |
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Specification wholly or partly replacing that Part as he |
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considers necessary to ensure that the replacement provisions |
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have substantially the same effect as that Part as modified by |
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(c) | in this section the “relevant standard” means that Part, or its |
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replacement, with those modifications. |
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(2) | The new Schedule set out in Schedule 1 to this Act is inserted immediately |
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before the Schedule to the 2003 Act and becomes Schedule 1 to that Act. |
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(3) | The Schedule to the 2003 Act is numbered Schedule 2. |
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2 | Consequential amendments |
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Schedule 2 (consequential amendments) has effect. |
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3 | Short title, commencement and extent |
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(1) | This Act may be cited as the Fireworks (Amendment) Act 2006. |
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(2) | This Act comes into force at the end of the period of three months beginning |
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with the date on which it is passed. |
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(3) | This Act extends to England and Wales only. |
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New Schedule 1 to the 2003 Act |
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| Before the Schedule to the 2003 Act there is inserted— |
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Modifications to Part 3 of BS 7114 for the Purposes of section 5A |
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1 | The following text is added at the end of the “procedure” |
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subsection of each of sections 3 to 27 of Part 3 so far as relating to |
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| “Noise testing: category 3 fireworks |
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| The purpose of this test is to measure the impulsive sound |
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pressure produced by the aural effects of the device. |
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| Place the device at a height of one metre above the ground. Ignite |
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| Measure and record LAImax for the duration of the aural effects of |
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the device, using a sound measuring device which conforms to |
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type 1 of BS EN 61672-1:2003 and BS EN 61672-2:2003 with a free- |
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field microphone at a testing point one metre above ground and at |
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a horizontal distance of 15 metres from the device.” |
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2 | The following text is added at the end of the “test report” |
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subsection of each such section— |
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“( ) | the measurements recorded on noise testing.”” |
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The Fireworks Regulations 2004 (S.I. 2004/1836) |
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(1) | The Fireworks Regulations 2004 (S.I. 2004/1836) are amended in their |
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application to England and Wales as follows. |
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(2) | In regulation 3 (interpretation), insert at the appropriate place— |
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““loud category 3 firework” means a category 3 firework which |
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is a loud firework (within the meaning given by s. 5A(3) of |
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(3) | In the heading before regulation 5 (prohibition of possession of category 4 |
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fireworks), after “category 4” insert “and loud category 3”. |
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(4) | In regulation 5, after “firework” insert “or loud category 3”. |
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(5) | In paragraph (1) of regulation 7 (prohibition of use of certain fireworks at |
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night), after “firework” insert “or a loud category 3 firework”. |
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(6) | For regulation 8 (prohibition of supply of excessively loud category 3 |
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| “Prohibition of supply of loud category 3 fireworks |
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| 8. No person shall supply, or offer or agree to supply, any loud category 3 |
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