Fireworks and Pyrotechnic Articles (Scotland) Act 2022

Part 1 — Key concepts

Meaning of “firework” and “pyrotechnic article”

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• (1) In this Act—

• “firework” means a pyrotechnic article which— is a firework for the purposes of the following British Standards or any British Standard replacing them— BS EN 15947:2015, or BS EN 16261:2012, or would be a firework for those purposes if it were intended as a form of entertainment,

• “pyrotechnic article” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions.

• (2) But, for the purposes of this Act, a projectile, propelling charge or blank ammunition used in a portable firearm, other gun or artillery is not a pyrotechnic article.

• (3) The Scottish Ministers may by regulations modify—

• (a) subsection (1) to amend or replace the definition of “firework”, or

• (b) subsection (2) to add, amend or remove articles or descriptions of types of articles that are not to be treated as a pyrotechnic article for the purposes of this Act.

• (4) Regulations under subsection (3) are subject to the affirmative procedure.

Categories of fireworks

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• (1) In this Act—

• “category F1 firework” means a firework which presents a very low hazard and negligible noise level and which is intended for use in confined areas, including a firework which is intended for use inside domestic buildings,

• “category F2 firework” means a firework which presents a low hazard and low noise level and which is intended for outdoor use in confined areas,

• “category F3 firework” means a firework which presents a medium hazard, which is intended for outdoor use in large open areas and whose noise level is not harmful to human health,

• “category F4 firework” means a firework which presents a high hazard, which is intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.

• (2) The Scottish Ministers may by regulations—

• (a) modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks,

• (b) make further provision about the requirements a person must meet to demonstrate “specialist knowledge” for the purposes of the definition of a “category F4 firework”.

• (3) Regulations—

• (a) under subsection (2)(a) are subject to the affirmative procedure,

• (b) under subsection (2)(b) are subject to the negative procedure.

Part 2 — Fireworks licensing

Fireworks which require a licence

Application of Part

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• (1) This Part applies to the following fireworks—

• (a) category F2 fireworks, and

• (b) category F3 fireworks.

• (2) The Scottish Ministers may by regulations modify subsection (1) to add, amend or remove categories, types, classifications or descriptions of fireworks.

• (3) Regulations under subsection (2) are subject to the affirmative procedure.

Fireworks licensing

Requirement to have fireworks licence

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• (1) It is an offence for a person, without reasonable excuse, to purchase, acquire, possess or use a firework to which this Part applies without having a fireworks licence.

• (2) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

• (3) It is not an offence under subsection (1) for a non-natural person to purchase, acquire, possess or use a firework without having a fireworks licence if such purchase, acquisition, possession or use is done on its behalf by a person who has a fireworks licence.

• (4) This section is subject to section 38 and schedule 1 (exemptions).

Supply of fireworks to unlicensed persons

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• (1) It is an offence for a person, without reasonable excuse, to supply a firework to which this Part applies to a person who does not have a fireworks licence.

• (2) A person who commits an offence under subsection (1) is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

• (3) It is a defence for a person charged with an offence under subsection (1) to show that the person took reasonable steps to establish that the person to whom the firework was supplied had a fireworks licence or was exempt under schedule 1.

• (4) It is the duty of each local weights and measures authority to enforce this section in its area in so far as it relates to the supply of fireworks by a person in the course of business.

• (5) In this section, “supply” of a firework includes—

• (a) selling it,

• (b) exchanging it for a consideration other than money,

• (c) giving it as a prize or otherwise making a gift of it,

• (d) otherwise making the firework available.

• (6) This section is subject to section 38 and schedule 1 (exemptions).

Process for licensing

Applying for fireworks licence: general requirements

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• (1) A person aged 18 years or over may apply to the Scottish Ministers for the grant of a fireworks licence.

• (2) An application for a fireworks licence must—

• (a) comply with any regulations made under subsection (3), and

• (b) comply with the mandatory requirements in section 7.

• (3) The Scottish Ministers may by regulations—

• (a) set out the form and content of the application,

• (b) specify the manner in which applications must be made,

• (c) specify the information to be provided in the application,

• (d) specify any supporting documents to be provided by an applicant,

• (e) set the fees payable (if any) and specify to whom the fees are payable, and

• (f) make provision for the time in which an application must be made.

• (4) Without limiting the generality of subsection (3)(e), when setting the fees payable under this section the Scottish Ministers—

• (a) must have regard to the reasonable costs of carrying out functions under this Part, but

• (b) if it is considered appropriate to do so, may charge a nominal fee or remit the fee altogether.

• (5) Regulations under subsection (3) are subject to the negative procedure.

Applying for fireworks licence: mandatory requirements

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• (1) When applying for a fireworks licence, an applicant must—

• (a) disclose any convictions in relation to a relevant offence,

• (b) disclose details of any previous fireworks licences that were revoked or cancelled, and

• (c) provide evidence of having completed a fireworks training course on the safe, lawful and appropriate use of fireworks that complies with section 8 no earlier than 3 months before making the application.

• (2) The Scottish Ministers may by regulations specify additional mandatory requirements that an applicant for a fireworks licence must meet.

• (3) Regulations under subsection (2) are subject to the negative procedure.

• (4) In this section, “relevant offence” means—

• (a) an offence under this Act,

• (b) an offence under—

• (i) the Fireworks Act 2003 and any regulations made under that Act,

• (ii) the Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553),

• (iii) the Explosives Substances Act 1883, or

• (iv) the Explosives Act 1875,

• (c) wilful fire-raising or culpable and reckless fire-raising, or

• (d) any other offence where the misuse of fire, fireworks or pyrotechnic articles has been a factor.

Fireworks training course

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• (1) The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section 7(1)(c).

• (2) Regulations under subsection (1) may include provision for—

• (a) training requirements, such as—

• (i) the content of such courses,

• (ii) the accreditation by the Scottish Ministers of such courses and the persons providing such courses, and

• (iii) requiring that any person providing training or any particular description of training in accordance with the regulations holds such qualification as may be specified in the regulations,

• (b) the form of such courses,

• (c) the minimum criteria for successful completion of such courses, and

• (d) how successful completion of such courses is recorded.

• (3) Any person providing a fireworks training course must have regard to any guidance issued by the Scottish Ministers for the purposes of this section.

• (4) The Scottish Ministers must publish any such guidance (and may revise or revoke that guidance).

• (5) Regulations under subsection (1) are subject to the negative procedure.

Grant of fireworks licence

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• (1) The Scottish Ministers may grant a fireworks licence only if—

• (a) a valid application and any applicable fees have been received,

• (b) the requirements under sections 6 and 7 have been met, and

• (c) they are satisfied that the applicant can be permitted to possess and use fireworks safely, lawfully and appropriately.

• (2) If the Scottish Ministers decide to refuse to grant a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.

Fireworks licence: conditions and further provision

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• (1) All fireworks licences are subject to the following conditions—

• (a) a licence is valid only for the person named on the licence and is not transferable,

• (b) a licence is valid only for the period specified on the licence, and

• (c) a licensed person must inform the Scottish Ministers of any change of circumstances specified in regulations under subsection (4)(c).

• (2) The Scottish Ministers—

• (a) must attach to a fireworks licence any additional conditions specified in regulations under subsection (4)(d)(i), and

• (b) may attach to a fireworks licence any optional conditions specified in regulations under subsection (4)(d)(ii).

• (3) If the Scottish Ministers decide to attach an optional condition to a fireworks licence, they must inform the person of the right under section 14 to appeal the decision at the same time as notifying the person of that decision.

• (4) The Scottish Ministers may by regulations—

• (a) specify the form and content of a fireworks licence,

• (b) determine the length of time for which licences may be granted,

• (c) specify the changes of circumstances that a licensed person must inform the Scottish Ministers of, and

• (d) make provision for any—

• (i) additional conditions that must be attached to a fireworks licence, and

• (ii) optional conditions that may be attached to a fireworks licence.

• (5) Regulations under subsection (4) are subject to the negative procedure.

Register of fireworks licence applications and licensed persons

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• (1) The Scottish Ministers must establish and maintain a register of fireworks licence applications and licensed persons.

• (2) The Scottish Ministers may by regulations make provision for—

• (a) the details of licence applications required to be kept on the register, including whether or not an application was granted and, if applicable, the grounds for refusal,

• (b) the details about licensed persons required to be kept on the register, and

• (c) the length of time such details are to be kept on the register.

• (3) Regulations under subsection (2) are subject to the negative procedure.

Revocation of fireworks licence

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• (1) The Scottish Ministers may revoke a person’s fireworks licence if—

• (a) the person breaches any condition of the licence, or

• (b) the person is convicted of a relevant offence (whether or not the convicting court cancelled the fireworks licence under section 13).

• (2) A person whose fireworks licence is revoked under this section is prohibited from applying for a new fireworks licence—

• (a) in a case where the licence was cancelled by a court under section 13, within the period specified in section 13(3), or

• (b) in any other case, within the period of 12 months beginning with day on which the licence was revoked.

• (3) A fireworks licence is revoked by the Scottish Ministers giving notice of the revocation to the person who has the fireworks licence.

• (4) A notice under subsection (3) must—

• (a) be given no later than 7 days before it is to take effect, and

• (b) require the person to surrender—

• (i) the person’s fireworks licence, and

• (ii) any firework to which this Part applies in the person’s possession,

in the manner and by the date specified in the notice.

• (5) It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection (3).

• (6) A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.