Fireworks (Amendment) Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Fireworks (Amendment) Bill

Fireworks (Amendment) Bill
1

A
Bill
To
amend the Fireworks Act 2003; and for connected purposes.
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:—
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Amendment of Fireworks Act 2003
(1)
In the Fireworks Act 2003 (c. 22) ("the 2003 Act"), the following is inserted after
section 5—
“5A
Prohibitions to include loud category 3 fireworks
(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
fireworks to which the prohibition relates must include loud fireworks
of category 3.
(2)
For the purposes of this Act a “loud firework” is a firework which does
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
specimen which, on testing in accordance with the relevant standard,
was found to produce a noise, measured in accordance with the
relevant standard, not exceeding 97 dBAI.
(4)
For the purposes of this section—
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(a)
Part 3 of the British Standard Specification mentioned in section
1(1)(a) shall have effect subject to the modifications set out in
Schedule 1,
(b)
the Secretary of State shall by fireworks regulations specify such
modifications to any provisions of a British Standard
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Specification wholly or partly replacing that Part as he
considers necessary to ensure that the replacement provisions
have substantially the same effect as that Part as modified by
Schedule 1, and
(c)
in this section the “relevant standard” means that Part, or its
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replacement, with those modifications.

Bill 106 54/1

Fireworks (Amendment) Bill
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(2)
The new Schedule set out in Schedule 1 to this Act is inserted immediately
before the Schedule to the 2003 Act and becomes Schedule 1 to that Act.
(3)
The Schedule to the 2003 Act is numbered Schedule 2.
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Consequential amendments
Schedule 2 (consequential amendments) has effect.
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3
Short title, commencement and extent
(1)
This Act may be cited as the Fireworks (Amendment) Act 2006.
(2)
This Act comes into force at the end of the period of three months beginning
with the date on which it is passed.
(3)
This Act extends to England and Wales only.
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Fireworks (Amendment) Bill
Schedule 2 — Consequential amendments
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Schedules
Schedule 1
Section 1(2)

New Schedule 1 to the 2003 Act

Before the Schedule to the 2003 Act there is inserted—
“Schedule 1
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Section 5A(4)

Modifications to Part 3 of BS 7114 for the Purposes of section 5A
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The following text is added at the end of the “procedure”
subsection of each of sections 3 to 27 of Part 3 so far as relating to
devices in category 3—

“Noise testing: category 3 fireworks
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The purpose of this test is to measure the impulsive sound
pressure produced by the aural effects of the device.

Place the device at a height of one metre above the ground. Ignite
the device.

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
type 1 of BS EN 61672-1:2003 and BS EN 61672-2:2003 with a free-
field microphone at a testing point one metre above ground and at
a horizontal distance of 15 metres from the device.”
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The following text is added at the end of the “test report”
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subsection of each such section—
“( )
the measurements recorded on noise testing.””
Schedule 2
Section 2

Consequential amendments
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
application to England and Wales as follows.
      (2)
In regulation 3 (interpretation), insert at the appropriate place—
““loud category 3 firework” means a category 3 firework which
is a loud firework (within the meaning given by s. 5A(3) of
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the 2003 Act);”.
      (3)
In the heading before regulation 5 (prohibition of possession of category 4
fireworks), after “category 4” insert “and loud category 3”.

Fireworks (Amendment) Bill
Schedule 2 — Consequential amendments
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      (4)
In regulation 5, after “firework” insert “or loud category 3”.
      (5)
In paragraph (1) of regulation 7 (prohibition of use of certain fireworks at
night), after “firework” insert “or a loud category 3 firework”.
      (6)
For regulation 8 (prohibition of supply of excessively loud category 3
fireworks), substitute—
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“Prohibition of supply of loud category 3 fireworks

8. No person shall supply, or offer or agree to supply, any loud category 3
firework.”.