Legalize / United Kingdom / Fireworks and Pyrotechnic Articles (Scotland) Act 2022 / History

Reform history

Fireworks and Pyrotechnic Articles (Scotland) Act 2022

5 versions · 2022-08-10

2023-06-22

Fireworks and Pyrotechnic Articles (Scotland) Act 2022

View changes Text at this date

Changes on 2023-06-22

@@ -16,11 +16,11 @@

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

- (a) [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/1/1/2023-06-06) to amend or replace the definition of “firework”, or

- (a) [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/1/1/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/1/3/2023-06-06) are subject to the affirmative procedure.

- (4) Regulations under [subsection (3)](https://www.legislation.gov.uk/asp/2022/9/section/1/3/2023-06-22) are subject to the affirmative procedure.

#### Categories of fireworks

@@ -38,15 +38,15 @@

- (2) The Scottish Ministers may by regulations—

- (a) modify [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/2/1/2023-06-06) to add, amend or remove categories, types, classifications or descriptions of fireworks,

- (a) modify [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/2/1/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/2023-06-06)[(a)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/a/2023-06-06) are subject to the affirmative procedure,

- (b) under [subsection (2)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/2023-06-06)[(b)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/b/2023-06-06) are subject to the negative procedure.

- (a) under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/2023-06-22)[(a)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/a/2023-06-22) are subject to the affirmative procedure,

- (b) under [subsection (2)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/2023-06-22)[(b)](https://www.legislation.gov.uk/asp/2022/9/section/2/2/b/2023-06-22) are subject to the negative procedure.

## Part 2 — Fireworks licensing

@@ -62,9 +62,9 @@

- (b) category F3 fireworks.

- (2) The Scottish Ministers may by regulations modify [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/3/1/2023-06-06) to add, amend or remove categories, types, classifications or descriptions of fireworks.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/3/2/2023-06-06) are subject to the affirmative procedure.

- (2) The Scottish Ministers may by regulations modify [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/3/1/2023-06-22) to add, amend or remove categories, types, classifications or descriptions of fireworks.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/3/2/2023-06-22) are subject to the affirmative procedure.

### Fireworks licensing

@@ -74,23 +74,23 @@

- (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)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-06) 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)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-06) 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](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-06) and schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06) (exemptions).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-22) 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](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-22) and schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22) (exemptions).

#### Supply of fireworks to unlicensed persons

##### 5

- (1) It is an offence for a person, without reasonable excuse, to supply a firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-06) applies to a person who does not have a fireworks licence.

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-06) 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)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-06) 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](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) in its area in so far as it relates to the supply of fireworks by a person in the course of business.

- (1) It is an offence for a person, without reasonable excuse, to supply a firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-22) applies to a person who does not have a fireworks licence.

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-22) 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](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) 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—

@@ -102,7 +102,7 @@

- (d) otherwise making the firework available.

- (6) This section is subject to section [38](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-06) and schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06) (exemptions).

- (6) This section is subject to section [38](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-22) and schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22) (exemptions).

### Process for licensing

@@ -114,9 +114,9 @@

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

- (a) comply with any regulations made under subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/2023-06-06), and

- (b) comply with the mandatory requirements in section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-06).

- (a) comply with any regulations made under subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/2023-06-22), and

- (b) comply with the mandatory requirements in section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-22).

- (3) The Scottish Ministers may by regulations—

@@ -132,13 +132,13 @@

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

- (4) Without limiting the generality of subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/2023-06-06)[(e)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/e/2023-06-06), when setting the fees payable under this section the Scottish Ministers—

- (4) Without limiting the generality of subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/2023-06-22)[(e)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/e/2023-06-22), 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)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/2023-06-06) are subject to the negative procedure.

- (5) Regulations under subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/6/3/2023-06-22) are subject to the negative procedure.

#### Applying for fireworks licence: mandatory requirements

@@ -150,11 +150,11 @@

- (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](https://www.legislation.gov.uk/asp/2022/9/section/8/2023-06-06) no earlier than 3 months before making the application.

- (c) provide evidence of having completed a fireworks training course on the safe, lawful and appropriate use of fireworks that complies with section [8](https://www.legislation.gov.uk/asp/2022/9/section/8/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/7/2/2023-06-06) are subject to the negative procedure.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/7/2/2023-06-22) are subject to the negative procedure.

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

@@ -178,9 +178,9 @@

##### 8

- (1) The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/7/1/2023-06-06)[(c)](https://www.legislation.gov.uk/asp/2022/9/section/7/1/c/2023-06-06).

- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/8/1/2023-06-06) may include provision for—

- (1) The Scottish Ministers may by regulations make provision in relation to fireworks training courses for the purposes of section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/7/1/2023-06-22)[(c)](https://www.legislation.gov.uk/asp/2022/9/section/7/1/c/2023-06-22).

- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/8/1/2023-06-22) may include provision for—

- (a) training requirements, such as—

@@ -200,7 +200,7 @@

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

- (5) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/8/1/2023-06-06) are subject to the negative procedure.

- (5) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/8/1/2023-06-22) are subject to the negative procedure.

#### Grant of fireworks licence

@@ -210,7 +210,7 @@

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

- (b) the requirements under sections [6](https://www.legislation.gov.uk/asp/2022/9/section/6/2023-06-06) and [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-06) have been met, and

- (b) the requirements under sections [6](https://www.legislation.gov.uk/asp/2022/9/section/6/2023-06-22) and [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-22) have been met, and

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

@@ -226,7 +226,7 @@

- (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)](https://www.legislation.gov.uk/asp/2022/9/section/10/4/2023-06-06)[(c)](https://www.legislation.gov.uk/asp/2022/9/section/10/4/c/2023-06-06).

- (c) a licensed person must inform the Scottish Ministers of any change of circumstances specified in regulations under subsection [(4)](https://www.legislation.gov.uk/asp/2022/9/section/10/4/2023-06-22)[(c)](https://www.legislation.gov.uk/asp/2022/9/section/10/4/c/2023-06-22).

- (2) The Scottish Ministers—

@@ -250,7 +250,7 @@

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

- (5) Regulations under subsection [(4)](https://www.legislation.gov.uk/asp/2022/9/section/10/4/2023-06-06) are subject to the negative procedure.

- (5) Regulations under subsection [(4)](https://www.legislation.gov.uk/asp/2022/9/section/10/4/2023-06-22) are subject to the negative procedure.

#### Register of fireworks licence applications and licensed persons

@@ -266,7 +266,7 @@

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

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/11/2/2023-06-06) are subject to the negative procedure.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/11/2/2023-06-22) are subject to the negative procedure.

#### Revocation of fireworks licence

@@ -276,17 +276,17 @@

- (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](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-06)).

- (2) A person whose fireworks licence is revoked under [this section](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-06) is prohibited from applying for a new fireworks licence—

- (a) in a case where the licence was cancelled by a court under [section 13](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-06), within the period specified in [section 13](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/13/3/2023-06-06), or

- (2) A person whose fireworks licence is revoked under [this section](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-22) is prohibited from applying for a new fireworks licence—

- (a) in a case where the licence was cancelled by a court under [section 13](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-22), within the period specified in [section 13](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/13/3/2023-06-22), 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)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-06) must—

- (4) A notice under subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-22) must—

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

@@ -294,25 +294,25 @@

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

- (ii) any firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-06) applies in the person’s possession,

- (ii) any firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-06).

- (6) A person who commits an offence under subsection [(5)](https://www.legislation.gov.uk/asp/2022/9/section/12/5/2023-06-06) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

- (6) A person who commits an offence under subsection [(5)](https://www.legislation.gov.uk/asp/2022/9/section/12/5/2023-06-22) is liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

- (7) If the Scottish Ministers decide to revoke 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.

- (8) If a person appeals under section [14](https://www.legislation.gov.uk/asp/2022/9/section/14/2023-06-06) against a decision to revoke the person’s fireworks licence—

- (8) If a person appeals under section [14](https://www.legislation.gov.uk/asp/2022/9/section/14/2023-06-22) against a decision to revoke the person’s fireworks licence—

- (a) the revocation does not take effect, but

- (b) the person must still comply with the requirements of the notice given under subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-06),

- (b) the person must still comply with the requirements of the notice given under subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-22),

pending the determination or withdrawal of the appeal.

- (9) In [this section](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-06), “*relevant offence*” has the meaning given in section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-06)[(4)](https://www.legislation.gov.uk/asp/2022/9/section/7/4/2023-06-06).

- (9) In [this section](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-22), “*relevant offence*” has the meaning given in section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-22)[(4)](https://www.legislation.gov.uk/asp/2022/9/section/7/4/2023-06-22).

#### Notification of convictions and cancellation of fireworks licence

@@ -328,11 +328,11 @@

- (a) must notify the Scottish Ministers of the cancellation, and

- (b) may make an order for forfeiture under section [48](https://www.legislation.gov.uk/asp/2022/9/section/48/2023-06-06).

- (b) may make an order for forfeiture under section [48](https://www.legislation.gov.uk/asp/2022/9/section/48/2023-06-22).

- (5) If the court does not cancel the person’s fireworks licence, it must notify the Scottish Ministers of the conviction.

- (6) In this section, “*relevant offence*” has the meaning given in section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-06)[(4)](https://www.legislation.gov.uk/asp/2022/9/section/7/4/2023-06-06).

- (6) In this section, “*relevant offence*” has the meaning given in section [7](https://www.legislation.gov.uk/asp/2022/9/section/7/2023-06-22)[(4)](https://www.legislation.gov.uk/asp/2022/9/section/7/4/2023-06-22).

#### Appeals

@@ -340,11 +340,11 @@

- (1) A person may appeal to the appropriate sheriff against a decision of the Scottish Ministers—

- (a) to refuse to grant the person a fireworks licence under section [9](https://www.legislation.gov.uk/asp/2022/9/section/9/2023-06-06),

- (b) to attach an optional condition to the person’s fireworks licence under section [10](https://www.legislation.gov.uk/asp/2022/9/section/10/2023-06-06)[(2)](https://www.legislation.gov.uk/asp/2022/9/section/10/2/2023-06-06)(b), or

- (c) to revoke the person’s fireworks licence under section [12](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/12/1/2023-06-06).

- (a) to refuse to grant the person a fireworks licence under section [9](https://www.legislation.gov.uk/asp/2022/9/section/9/2023-06-22),

- (b) to attach an optional condition to the person’s fireworks licence under section [10](https://www.legislation.gov.uk/asp/2022/9/section/10/2023-06-22)[(2)](https://www.legislation.gov.uk/asp/2022/9/section/10/2/2023-06-22)(b), or

- (c) to revoke the person’s fireworks licence under section [12](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/12/1/2023-06-22).

- (2) An appeal must be made within the period of 21 days beginning with the day on which the decision appealed against was made.

@@ -374,15 +374,15 @@

- (1) It is an offence for a person to knowingly or recklessly make any statement which is false in any material particular for the purposes of obtaining a fireworks licence.

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/15/1/2023-06-06) 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).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/15/1/2023-06-22) 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).

#### False or altered licences and documents

##### 16

- (1) It is an offence for a person to produce a false fireworks licence or other false document purporting to prove an exemption under [schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/16/1/2023-06-06) 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).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/16/1/2023-06-22) 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).

### General

@@ -392,7 +392,7 @@

- (1) The Scottish Ministers may make arrangements for a person to perform some or all of their functions under this Part.

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/17/1/2023-06-06) does not include any power of the Scottish Ministers to make regulations under this Part.

- (2) Subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/17/1/2023-06-22) does not include any power of the Scottish Ministers to make regulations under this Part.

- (3) The making of arrangements under this section to perform a function does not—

@@ -406,13 +406,13 @@

- (1) The Scottish Ministers may by regulations make further provision for the purposes of this Part.

- (2) Without limiting the generality of subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/18/1/2023-06-06), regulations under that subsection may make provision—

- (2) Without limiting the generality of subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/18/1/2023-06-22), regulations under that subsection may make provision—

- (a) about the verification of applications and supporting documents,

- (b) about the sharing of information (for example, in connection with the verification of applications or the enforcement of this Part).

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/18/1/2023-06-06) are subject to the affirmative procedure.

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/18/1/2023-06-22) are subject to the affirmative procedure.

#### Regulations: consultation

@@ -420,7 +420,7 @@

- (1) Before making any regulations under this Part, the Scottish Ministers must consult such persons as they consider are likely to be interested in or affected by the licensing of fireworks.

- (2) Subsection (1) does not apply to regulations under section [3](https://www.legislation.gov.uk/asp/2022/9/section/3/2023-06-06).

- (2) Subsection (1) does not apply to regulations under section [3](https://www.legislation.gov.uk/asp/2022/9/section/3/2023-06-22).

## Part 3 — Restrictions on supply and use of fireworks and pyrotechnic articles

@@ -432,19 +432,19 @@

- (1) In this Part—

- (a) section [21](https://www.legislation.gov.uk/asp/2022/9/section/21/2023-06-06) applies to all pyrotechnic articles other than—

- (a) section [21](https://www.legislation.gov.uk/asp/2022/9/section/21/2023-06-22) applies to all pyrotechnic articles other than—

- (i) category F1 fireworks, and

- (ii) percussion caps for toys that are intended for use by children under the age of 14,

- (b) section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) applies to—

- (b) section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) applies to—

- (i) category F2 fireworks, and

- (ii) category F3 fireworks, and

- (c) section [24](https://www.legislation.gov.uk/asp/2022/9/section/24/2023-06-06) applies to—

- (c) section [24](https://www.legislation.gov.uk/asp/2022/9/section/24/2023-06-22) applies to—

- (i) category F2 fireworks, and

@@ -452,11 +452,11 @@

- (2) The Scottish Ministers may by regulations—

- (a) modify subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/2023-06-06)[(a)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/a/2023-06-06) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles, and

- (b) modify subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/2023-06-06)[(b)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/b/2023-06-06) or [(c)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/c/2023-06-06) to add, amend or remove categories, types, classifications or descriptions of fireworks.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/3/2/2023-06-06) are subject to the affirmative procedure.

- (a) modify subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/2023-06-22)[(a)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/a/2023-06-22) to add, amend or remove categories, types, classifications or descriptions of fireworks or pyrotechnic articles, and

- (b) modify subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/2023-06-22)[(b)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/b/2023-06-22) or [(c)](https://www.legislation.gov.uk/asp/2022/9/section/20/1/c/2023-06-22) to add, amend or remove categories, types, classifications or descriptions of fireworks.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/3/2/2023-06-22) are subject to the affirmative procedure.

### Prohibition on supply to children

@@ -470,15 +470,15 @@

- (b) give or otherwise make available a firework or other pyrotechnic article to which this section applies to a person under the age of 18.

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/21/1/2023-06-06) 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)](https://www.legislation.gov.uk/asp/2022/9/section/21/1/2023-06-06) for a person to buy or attempt to buy a pyrotechnic article for, or give or otherwise make one available to, a person under the age of 18 if—

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/21/1/2023-06-22) 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)](https://www.legislation.gov.uk/asp/2022/9/section/21/1/2023-06-22) for a person to buy or attempt to buy a pyrotechnic article for, or give or otherwise make one available to, a person under the age of 18 if—

- (a) the manufacturer of the pyrotechnic article designed it to be used as a visual distress signal, and

- (b) the person intends that the person under the age of 18 will use the pyrotechnic article only in appropriate circumstances.

### Days of supply and use of fireworks

@@ -486,9 +486,9 @@

##### 22

- (1) It is an offence for a person to supply fireworks to which this section applies on days other than those specified in subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-06).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-06) 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).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-22) 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) The supply of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)—

@@ -502,13 +502,13 @@

- (e) the first day of Diwali and the 3 days immediately preceding it.

- (4) It is a defence for a person charged with an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-06) to show that the person took reasonable steps to establish that the person to whom the fireworks were supplied was exempt under [schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06).

- (4) It is a defence for a person charged with an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-22) to show that the person took reasonable steps to establish that the person to whom the fireworks were supplied was exempt under [schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22).

- (5) It is the duty of each local weights and measures authority to enforce this section in its area.

- (6) The Scottish Ministers may by regulations modify subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-06) to add, amend or remove a day or a period of days.

- (7) Regulations under subsection [(6)](https://www.legislation.gov.uk/asp/2022/9/section/22/6/2023-06-06) are subject to the affirmative procedure.

- (6) The Scottish Ministers may by regulations modify subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-22) to add, amend or remove a day or a period of days.

- (7) Regulations under subsection [(6)](https://www.legislation.gov.uk/asp/2022/9/section/22/6/2023-06-22) are subject to the affirmative procedure.

- (8) In this section, “supply” of fireworks includes—

@@ -520,7 +520,7 @@

but does not include supplying them otherwise than in the course of a business.

- (9) This section is subject to section [38](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-06) and schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06) (exemptions).

- (9) This section is subject to section [38](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-22) and schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22) (exemptions).

#### Alignment of days when licence required to supply

@@ -540,9 +540,9 @@

##### 24

- (1) It is an offence for a person to use fireworks to which this section applies on days other than those specified in subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/24/3/2023-06-06).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/24/1/2023-06-06) 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).

- (2) A person who commits an offence under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/24/1/2023-06-22) 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) The use of fireworks to which this section applies is permitted only between the following days (inclusive of the first and last day specified)—

@@ -556,11 +556,11 @@

- (e) the 3 days immediately preceding the first day of Diwali to the seventh day after the first day of Diwali.

- (4) The Scottish Ministers may by regulations modify subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/24/3/2023-06-06) to add, amend or remove a day or a period of days.

- (5) Regulations under subsection [(4)](https://www.legislation.gov.uk/asp/2022/9/section/24/4/2023-06-06) are subject to the affirmative procedure.

- (4) The Scottish Ministers may by regulations modify subsection [(3)](https://www.legislation.gov.uk/asp/2022/9/section/24/3/2023-06-22) to add, amend or remove a day or a period of days.

- (5) Regulations under subsection [(4)](https://www.legislation.gov.uk/asp/2022/9/section/24/4/2023-06-22) are subject to the affirmative procedure.

### Compensation

@@ -570,13 +570,13 @@

- (1) The Scottish Ministers may by regulations make provision for or about the payment of compensation to relevant persons in consequence of—

- (a) the coming into force of [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06), or

- (b) the coming into force of a modification under [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(6)](https://www.legislation.gov.uk/asp/2022/9/section/22/6/2023-06-06) which further limits the days on which fireworks may be supplied.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/2023-06-06), a “relevant person” is a person whose trade or business was wholly or mainly concerned with the supply, distribution or importation of fireworks in Scotland immediately before the coming into force of [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) or a modification of the kind described in [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/2023-06-06)[(b)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/b/2023-06-06).

- (3) Without limiting the generality of [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/2023-06-06), regulations under that subsection may—

- (a) the coming into force of [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22), or

- (b) the coming into force of a modification under [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(6)](https://www.legislation.gov.uk/asp/2022/9/section/22/6/2023-06-22) which further limits the days on which fireworks may be supplied.

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/2023-06-22), a “relevant person” is a person whose trade or business was wholly or mainly concerned with the supply, distribution or importation of fireworks in Scotland immediately before the coming into force of [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) or a modification of the kind described in [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/2023-06-22)[(b)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/b/2023-06-22).

- (3) Without limiting the generality of [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/25/1/2023-06-22), regulations under that subsection may—

- (a) make further provision about who qualifies as a relevant person,

@@ -590,7 +590,7 @@

- (f) make provision about appeals against decisions made under the regulations.

- (4) Regulations under [this section](https://www.legislation.gov.uk/asp/2022/9/section/25/2023-06-06) are subject to the affirmative procedure.

- (4) Regulations under [this section](https://www.legislation.gov.uk/asp/2022/9/section/25/2023-06-22) are subject to the affirmative procedure.

## Part 4 — Firework control zones

@@ -598,7 +598,7 @@

##### 26

- (1) [This Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06) applies to—

- (1) [This Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22) applies to—

- (a) category F2 fireworks,

@@ -606,15 +606,15 @@

- (c) category F4 fireworks.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/3/2/2023-06-06) are subject to the affirmative procedure.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/3/2/2023-06-22) are subject to the affirmative procedure.

#### Firework control zones

##### 27

- (1) At any time, a local authority may (in accordance with [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06))—

- (1) At any time, a local authority may (in accordance with [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22))—

- (a) designate a place within its area as a firework control zone,

@@ -624,19 +624,19 @@

- (2) It is an offence for a person to—

- (a) ignite a firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06) applies in a firework control zone, or

- (a) ignite a firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22) applies in a firework control zone, or

- (b) knowingly or recklessly—

- (i) throw or cast a lit firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06) applies into a firework control zone, or

- (ii) fire a firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06) applies into a firework control zone.

- (3) A firework control zone operates and the offence in [subsection (2)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/2023-06-06) applies on all days that the zone has effect unless the designation specifies particular days on which the zone is to operate, in which case the offence applies on those days only.

- (4) A person who commits an offence under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/2023-06-06) 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).

- (5) [This section](https://www.legislation.gov.uk/asp/2022/9/section/27/2023-06-06) is subject to [section 38](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-06) and [schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06) (exemptions).

- (i) throw or cast a lit firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22) applies into a firework control zone, or

- (ii) fire a firework to which [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22) applies into a firework control zone.

- (3) A firework control zone operates and the offence in [subsection (2)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/2023-06-22) applies on all days that the zone has effect unless the designation specifies particular days on which the zone is to operate, in which case the offence applies on those days only.

- (4) A person who commits an offence under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/2023-06-22) 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).

- (5) [This section](https://www.legislation.gov.uk/asp/2022/9/section/27/2023-06-22) is subject to [section 38](https://www.legislation.gov.uk/asp/2022/9/section/38/2023-06-22) and [schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22) (exemptions).

#### Prior consultation on proposals

@@ -666,13 +666,13 @@

- (e) how the consultation is to be conducted.

- (3) The proposal may set out specific days on which the zone is to operate for the purpose of [section 27](https://www.legislation.gov.uk/asp/2022/9/section/27/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/27/3/2023-06-06).

- (3) The proposal may set out specific days on which the zone is to operate for the purpose of [section 27](https://www.legislation.gov.uk/asp/2022/9/section/27/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/27/3/2023-06-22).

#### Publication of decision on proposal

##### 29

- (1) Following a consultation on a proposal published under [section 28](https://www.legislation.gov.uk/asp/2022/9/section/28/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/28/1/2023-06-06), a local authority must publish a document which—

- (1) Following a consultation on a proposal published under [section 28](https://www.legislation.gov.uk/asp/2022/9/section/28/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/28/1/2023-06-22), a local authority must publish a document which—

- (a) confirms whether or not it is proceeding with the proposal,

@@ -710,7 +710,7 @@

- (a) be in respect of one or more firework control zones, and

- (b) be combined with a proposal under [section 28](https://www.legislation.gov.uk/asp/2022/9/section/28/2023-06-06) to amend or revoke a zone.

- (b) be combined with a proposal under [section 28](https://www.legislation.gov.uk/asp/2022/9/section/28/2023-06-22) to amend or revoke a zone.

- (3) On completion of a review, the local authority must—

@@ -718,7 +718,7 @@

- (b) make such proposals in relation to the zone (or zones) as it considers appropriate.

- (4) Regulations made under [section 32](https://www.legislation.gov.uk/asp/2022/9/section/32/2023-06-06) may specify a minimum frequency for reviews under this section.

- (4) Regulations made under [section 32](https://www.legislation.gov.uk/asp/2022/9/section/32/2023-06-22) may specify a minimum frequency for reviews under this section.

#### Power to make further provision

@@ -726,7 +726,7 @@

- (1) The Scottish Ministers may by regulations make further provision about firework control zones and the procedures to be followed to designate a place as a zone, or to amend or revoke one.

- (2) Without limiting the generality of [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/32/1/2023-06-06), regulations under that subsection may—

- (2) Without limiting the generality of [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/32/1/2023-06-22), regulations under that subsection may—

- (a) set limits on—

@@ -742,17 +742,17 @@

- (e) make further provision relating to the consultation process,

- (f) make provision relating to the publication of documents required under [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06),

- (f) make provision relating to the publication of documents required under [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22),

- (g) make further provision in relation to the reviewing and reporting on the operation and effectiveness of zones in its area.

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/32/1/2023-06-06) are subject to the negative procedure.

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/32/1/2023-06-22) are subject to the negative procedure.

#### Guidance

##### 33

- (1) Local authorities must have regard to any guidance issued by the Scottish Ministers for the purposes of [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-06).

- (1) Local authorities must have regard to any guidance issued by the Scottish Ministers for the purposes of [this Part](https://www.legislation.gov.uk/asp/2022/9/part/4/2023-06-22).

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

@@ -770,7 +770,7 @@

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

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/34/2/2023-06-06) are subject to the affirmative procedure.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/34/2/2023-06-22) are subject to the affirmative procedure.

#### Prohibition of pyrotechnic articles in public places

@@ -800,11 +800,11 @@

- (1) It is an offence for a person, without reasonable excuse, to possess a pyrotechnic article to which this section applies while the person is in a designated venue or while at a designated event.

- (2) A person convicted of an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/36/1/2023-06-06) 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).

- (2) A person convicted of an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/36/1/2023-06-22) 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) In this section, “designated venue” or “*designated event*” means a venue or, as the case may be, event designated by the Scottish Ministers under section 37.

#### Designation of venues or events

@@ -824,7 +824,7 @@

- (d) a music event or class of music events (whether or not attendees have paid to attend).

- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/37/1/2023-06-06) are subject to the negative procedure.

- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/37/1/2023-06-22) are subject to the negative procedure.

## Part 6 — Exemptions, enforcement and other matters

@@ -834,13 +834,13 @@

##### 38

- (1) [Schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06) contains exemptions to certain offences under Parts [2](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-06) to [5](https://www.legislation.gov.uk/asp/2022/9/part/5/2023-06-06).

- (1) [Schedule 1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22) contains exemptions to certain offences under Parts [2](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-22) to [5](https://www.legislation.gov.uk/asp/2022/9/part/5/2023-06-22).

- (2) The Scottish Ministers may by regulations—

- (a) modify schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06) to add, amend or remove exemptions,

- (b) make further provision about the requirements that a person must meet to be treated as being employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnics displays for the purposes of schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-06).

- (a) modify schedule [1](https://www.legislation.gov.uk/asp/2022/9/schedule/1/2023-06-22) to add, amend or remove exemptions,

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

@@ -850,7 +850,7 @@

##### 39

[Schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06) makes provision about the powers of a local weights and measures authority (and its officers) to enforce the offences under [sections 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) and [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) in its area and related matters.

[Schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22) makes provision about the powers of a local weights and measures authority (and its officers) to enforce the offences under [sections 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) and [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) in its area and related matters.

### Powers of constables

@@ -902,7 +902,7 @@

- (c) seize and retain any item found in the course of a search which may be relevant to the commission of the offence.

- (2) A constable who detains a person under [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/41/1/2023-06-06) must give the person the reason for the detention.

- (2) A constable who detains a person under [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/41/1/2023-06-22) must give the person the reason for the detention.

### Offences in relation to enforcement

@@ -912,27 +912,27 @@

- (1) It is an offence for a person to—

- (a) intentionally obstruct an officer of a local weights and measures authority who is exercising powers conferred by [schedule 2,](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06)

- (b) intentionally fail to comply with any requirement made of the person by an officer of a local weights and measures authority under paragraph 7 or 10 of [schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06),

- (c) fail, without reasonable cause, to give an officer of a local weights and measures authority any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's powers under [schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06).

- (2) It is an offence for a person, in giving any information which is required of the person by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/42/1/2023-06-06)[(c)](https://www.legislation.gov.uk/asp/2022/9/section/42/1/c/2023-06-06)—

- (a) intentionally obstruct an officer of a local weights and measures authority who is exercising powers conferred by [schedule 2,](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22)

- (2) It is an offence for a person, in giving any information which is required of the person by virtue of [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/42/1/2023-06-22)[(c)](https://www.legislation.gov.uk/asp/2022/9/section/42/1/c/2023-06-22)—

- (a) to make any statement which the person knows is false in a material particular, or

- (b) recklessly to make a statement which is false in a material particular.

- (3) A person who commits an offence under [this section](https://www.legislation.gov.uk/asp/2022/9/section/42/2023-06-06) 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) A person who commits an offence under [this section](https://www.legislation.gov.uk/asp/2022/9/section/42/2023-06-22) 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).

#### Offence of impersonating officer of a local weights and measures authority

##### 43

- (1) It is an offence for a person who is not an officer of a local weights and measures authority to purport to act as such an officer in the exercise of powers under [schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06).

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/43/1/2023-06-06) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

- (2) A person who commits an offence under [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/43/1/2023-06-22) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

### Aggravation of offences against emergency workers

@@ -1050,29 +1050,29 @@

##### 48

- (1) [This section](https://www.legislation.gov.uk/asp/2022/9/section/48/2023-06-06) applies where—

- (a) the Scottish Ministers revoke a person’s licence by giving notice under [section 12](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-06),

- (1) [This section](https://www.legislation.gov.uk/asp/2022/9/section/48/2023-06-22) applies where—

- (a) the Scottish Ministers revoke a person’s licence by giving notice under [section 12](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-22),

- (b) a court convicts a person of an offence under this Act, or

- (c) a court cancels a person’s fireworks licence under [section 13](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-06)[(2)](https://www.legislation.gov.uk/asp/2022/9/section/13/2/2023-06-06).

- (2) [Subsection (3)](https://www.legislation.gov.uk/asp/2022/9/section/48/3/2023-06-06) applies where—

- (a) a firework to which [Part 2](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-06) applies is surrendered in pursuance of a notice given under [section 12](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-06) which revokes a person’s fireworks licence, and

- (c) a court cancels a person’s fireworks licence under [section 13](https://www.legislation.gov.uk/asp/2022/9/section/13/2023-06-22)[(2)](https://www.legislation.gov.uk/asp/2022/9/section/13/2/2023-06-22).

- (2) [Subsection (3)](https://www.legislation.gov.uk/asp/2022/9/section/48/3/2023-06-22) applies where—

- (a) a firework to which [Part 2](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-22) applies is surrendered in pursuance of a notice given under [section 12](https://www.legislation.gov.uk/asp/2022/9/section/12/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/12/3/2023-06-22) which revokes a person’s fireworks licence, and

- (b) the person appeals against the decision to revoke the person’s fireworks licence (and does not withdraw that appeal prior to its determination).

- (3) Where [this subsection](https://www.legislation.gov.uk/asp/2022/9/section/48/3/2023-06-06) applies—

- (3) Where [this subsection](https://www.legislation.gov.uk/asp/2022/9/section/48/3/2023-06-22) applies—

- (a) if the appeal is successful, the firework must be returned,

- (b) if the appeal is unsuccessful, the sheriff may make such order for the disposal of the firework as the sheriff considers appropriate.

- (4) [Subsection (5)](https://www.legislation.gov.uk/asp/2022/9/section/48/5/2023-06-06) applies where—

- (4) [Subsection (5)](https://www.legislation.gov.uk/asp/2022/9/section/48/5/2023-06-22) applies where—

- (b) the person—

@@ -1080,7 +1080,7 @@

- (ii) makes and subsequently withdraws an appeal against such a decision.

- (5) Where [this subsection](https://www.legislation.gov.uk/asp/2022/9/section/48/5/2023-06-06) applies, the firework is to be disposed of in such manner as the chief constable considers appropriate.

- (5) Where [this subsection](https://www.legislation.gov.uk/asp/2022/9/section/48/5/2023-06-22) applies, the firework is to be disposed of in such manner as the chief constable considers appropriate.

- (6) The court by which a person is convicted or, as the case may be, which cancels a person’s fireworks licence may make an order for the forfeiture or disposal of any firework or pyrotechnic article—

@@ -1088,7 +1088,7 @@

- (b) which is possessed by the person.

- (7) A constable may seize and retain a firework or pyrotechnic article which may be the subject of an order for forfeiture under [this section](https://www.legislation.gov.uk/asp/2022/9/section/48/2023-06-06).

- (8) Where a court orders the disposal of a firework or pyrotechnic article seized and retained under this Act by a constable or an officer of a local weights and measures authority, the firework or pyrotechnic article may be disposed of in such manner as the chief constable or, as the case may be, the local weights and measures authority considers appropriate.

@@ -1096,7 +1096,7 @@

##### 49

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2022/9/section/49/2/2023-06-06) applies where—

- (1) [Subsection (2)](https://www.legislation.gov.uk/asp/2022/9/section/49/2/2023-06-22) applies where—

- (a) an offence under this Act is committed by a relevant organisation, and

@@ -1162,7 +1162,7 @@

- “*firework control zone*”, in relation to the area of a local authority, means a place within the area which has been designated as a firework control zone by the local authority under section 27(1) (and a reference to such a zone includes a zone as it has been amended),

- “*fireworks licence*” means a fireworks licence granted by the Scottish Ministers under section [9](https://www.legislation.gov.uk/asp/2022/9/section/9/2023-06-06),

- “*fireworks licence*” means a fireworks licence granted by the Scottish Ministers under section [9](https://www.legislation.gov.uk/asp/2022/9/section/9/2023-06-22),

- “*licensed person*” means a person who has a fireworks licence (and a reference to an unlicensed person is to be construed accordingly),

@@ -1174,7 +1174,7 @@

##### 52

Any power of the Scottish Ministers to make regulations under this Act, other than section [56](https://www.legislation.gov.uk/asp/2022/9/section/56/2023-06-06), includes power to make—

Any power of the Scottish Ministers to make regulations under this Act, other than section [56](https://www.legislation.gov.uk/asp/2022/9/section/56/2023-06-22), includes power to make—

- (a) different provision for different purposes,

@@ -1186,9 +1186,9 @@

- (1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it.

- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/53/1/2023-06-06) may modify any enactment (including this Act).

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/53/1/2023-06-06)—

- (2) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/53/1/2023-06-22) may modify any enactment (including this Act).

- (3) Regulations under subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/53/1/2023-06-22)—

- (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but

@@ -1202,13 +1202,13 @@

- (2) But the Court of Session may, on the application of the Lord Advocate, declare unlawful any act or omission of the Crown which constitutes such a contravention.

- (3) Despite subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/54/1/2023-06-06), any provision made by or under this Act applies to a person in the public service of the Crown as it applies to other persons.

- (3) Despite subsection [(1)](https://www.legislation.gov.uk/asp/2022/9/section/54/1/2023-06-22), any provision made by or under this Act applies to a person in the public service of the Crown as it applies to other persons.

#### Crown application: powers of entry

##### 55

- (1) A warrant granted under [section 40](https://www.legislation.gov.uk/asp/2022/9/section/40/2023-06-06) or [schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06) is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).

- (1) A warrant granted under [section 40](https://www.legislation.gov.uk/asp/2022/9/section/40/2023-06-22) or [schedule 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22) is exercisable in relation to Crown land specified in column 1 of the following table only with the consent of the person specified in the corresponding entry in column 2 of the table (the “appropriate authority”).

| Crown land | Appropriate authority |

| --- | --- |

@@ -1221,7 +1221,7 @@

| Land an interest in which is held in trust for Her Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration | The office-holder in the Scottish Administration |

| Land an interest in which is held in trust for Her Majesty for the purposes of a Government department | The Government department |

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/55/1/2023-06-06)—

- (2) In [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/55/1/2023-06-22)—

- (a) the reference to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862,

@@ -1229,17 +1229,17 @@

- (c) “*Scottish Crown Estate*” means the property, rights and interests to which section 90B(5) of the Scotland Act 1998 applies.

- (3) It is for the Scottish Ministers to determine any question that arises as to who in accordance with [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/55/1/2023-06-06) is the appropriate authority in relation to any land, and their decision is final.

- (3) It is for the Scottish Ministers to determine any question that arises as to who in accordance with [subsection (1)](https://www.legislation.gov.uk/asp/2022/9/section/55/1/2023-06-22) is the appropriate authority in relation to any land, and their decision is final.

#### Commencement

##### 56

- (1) This section and sections 50, [51](https://www.legislation.gov.uk/asp/2022/9/section/51/2023-06-06), [52](https://www.legislation.gov.uk/asp/2022/9/section/52/2023-06-06), [53](https://www.legislation.gov.uk/asp/2022/9/section/53/2023-06-06) and [57](https://www.legislation.gov.uk/asp/2022/9/section/57/2023-06-06) come into force on the day after Royal Assent.

- (1) This section and sections 50, [51](https://www.legislation.gov.uk/asp/2022/9/section/51/2023-06-22), [52](https://www.legislation.gov.uk/asp/2022/9/section/52/2023-06-22), [53](https://www.legislation.gov.uk/asp/2022/9/section/53/2023-06-22) and [57](https://www.legislation.gov.uk/asp/2022/9/section/57/2023-06-22) come into force on the day after Royal Assent.

- (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2/2023-06-06) may—

- (3) Regulations under subsection [(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2/2023-06-22) may—

- (a) include transitional, transitory or saving provision,

@@ -1257,15 +1257,15 @@

##### 1

It is not an offence under [section 4](https://www.legislation.gov.uk/asp/2022/9/section/4/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-06) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is employed by a regulatory authority (and is acting in that capacity).

It is not an offence under [section 4](https://www.legislation.gov.uk/asp/2022/9/section/4/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-22) (requirement to have fireworks licence) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is employed by a regulatory authority (and is acting in that capacity).

##### 2

It is not an offence under [section 4](https://www.legislation.gov.uk/asp/2022/9/section/4/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-06) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is acting under the direction of a regulatory authority.

It is not an offence under [section 4](https://www.legislation.gov.uk/asp/2022/9/section/4/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/4/1/2023-06-22) for a person to purchase, acquire, possess or use a firework without having a fireworks licence if the person is acting under the direction of a regulatory authority.

##### 3

It is not an offence under section [5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-06) (supply of fireworks to unlicensed persons) for a person to give or otherwise make available a firework to a person who does not have a fireworks licence if—

It is not an offence under section [5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-22) (supply of fireworks to unlicensed persons) for a person to give or otherwise make available a firework to a person who does not have a fireworks licence if—

- (a) the person giving or otherwise making available the firework is employed by, or acting under the direction of, a regulatory authority (and is acting in that capacity), and

@@ -1273,7 +1273,7 @@

##### 4

It is not an offence under section [24](https://www.legislation.gov.uk/asp/2022/9/section/24/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/24/1/2023-06-06) (restriction on days of use of fireworks) for a person to use a firework contrary to section [24](https://www.legislation.gov.uk/asp/2022/9/section/24/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/24/3/2023-06-06) if—

It is not an offence under section [24](https://www.legislation.gov.uk/asp/2022/9/section/24/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/24/1/2023-06-22) (restriction on days of use of fireworks) for a person to use a firework contrary to section [24](https://www.legislation.gov.uk/asp/2022/9/section/24/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/24/3/2023-06-22) if—

- (a) the person is employed by, or acting under the direction of, a regulatory authority, and

@@ -1281,7 +1281,7 @@

##### 5

It is not an offence under section [27](https://www.legislation.gov.uk/asp/2022/9/section/27/enacted)[(2)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/enacted)[(a)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/a/enacted) (firework control zones) for a person to ignite a firework in a firework control zone if—

It is not an offence under section [27](https://www.legislation.gov.uk/asp/2022/9/section/27/2023-06-22)[(2)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/2023-06-22)[(a)](https://www.legislation.gov.uk/asp/2022/9/section/27/2/a/2023-06-22) (firework control zones) for a person to ignite a firework in a firework control zone if—

- (a) the person is employed by, or acting under the direction of, a regulatory authority, and

@@ -1289,13 +1289,13 @@

##### 6

It is not an offence under section [36](https://www.legislation.gov.uk/asp/2022/9/section/36/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/36/1/2023-06-06) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if the person is employed by a regulatory authority (and is acting in that capacity).

It is not an offence under section [36](https://www.legislation.gov.uk/asp/2022/9/section/36/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/36/1/2023-06-22) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in a designated venue or while at a designated event if the person is employed by a regulatory authority (and is acting in that capacity).

#### Professional organisers or operators of fireworks displays or pyrotechnics displays

##### 7

- (a) the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and

@@ -1303,11 +1303,11 @@

##### 8

It is not an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-06) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by, or in business as, a professional organiser or operator of fireworks displays.

It is not an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-22) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by, or in business as, a professional organiser or operator of fireworks displays.

##### 9

It is not an offence under section [21](https://www.legislation.gov.uk/asp/2022/9/section/21/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/21/1/2023-06-06) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if—

It is not an offence under section [21](https://www.legislation.gov.uk/asp/2022/9/section/21/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/21/1/2023-06-22) (prohibition on providing fireworks or pyrotechnic articles to children) for a person to give or otherwise make available a firework or pyrotechnic article to a person under the age of 18 if—

- (a) the person under the age of 18 is employed by, or in business as, a professional organiser or operator of fireworks displays or pyrotechnic displays, and

@@ -1315,11 +1315,11 @@

##### 10

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-06) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-06) if the firework is supplied to a person who is employed by, or in business as, a professional organiser or operator of fireworks displays.

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-22) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-22) if the firework is supplied to a person who is employed by, or in business as, a professional organiser or operator of fireworks displays.

##### 11

- (a) the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and

@@ -1327,7 +1327,7 @@

##### 12

- (a) the person is employed by, or in business as, a professional organiser or operator of fireworks displays, and

@@ -1335,7 +1335,7 @@

##### 13

- (a) the person is employed by, or in business as, a professional organiser or operator of firework displays or pyrotechnics displays, and

@@ -1345,7 +1345,7 @@

##### 14

- (a) the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015 ([S.I. 2015/1553](https://www.legislation.gov.uk/uksi/2015/1553)), and

@@ -1353,15 +1353,15 @@

##### 15

It is not an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-06) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015.

It is not an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/5/1/2023-06-22) (supply of fireworks to unlicensed persons) for a person to supply a firework to a person who does not have a fireworks licence if the unlicensed person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015.

##### 16

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-06) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-06) if the firework is supplied to a person who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015.

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-22) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-22) if the firework is supplied to a person who is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015.

##### 17

@@ -1369,7 +1369,7 @@

##### 18

@@ -1377,7 +1377,7 @@

##### 19

- (a) the person is employed by a business engaged in, or whose trade or business (or part of whose trade or business) is, the manufacture, importation, distribution or supply of fireworks or pyrotechnic articles in accordance with the provisions of the Pyrotechnic Articles (Safety) Regulations 2015, and

@@ -1387,11 +1387,11 @@

##### 20

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-06) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-06) if the firework is supplied to a person who is the organiser of a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-22) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-22) if the firework is supplied to a person who is the organiser of a public fireworks display on behalf of a charitable, religious, youth, recreational, community, political or similar organisation.

##### 21

- (a) the person is the organiser of a public fireworks display or is assisting such an organiser, and

@@ -1399,7 +1399,7 @@

##### 22

- (a) the person is the organiser of a public fireworks display or is assisting such an organiser, and

@@ -1415,7 +1415,7 @@

##### 24

It is not an offence under section [36](https://www.legislation.gov.uk/asp/2022/9/section/36/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/36/1/2023-06-06) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that paragraph if—

It is not an offence under section [36](https://www.legislation.gov.uk/asp/2022/9/section/36/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/36/1/2023-06-22) (prohibition of pyrotechnic articles at designated venues or events) for a person to possess a pyrotechnic article in the circumstances described in that paragraph if—

- (a) the person is the organiser of a public fireworks display or is assisting such an organiser, and

@@ -1437,11 +1437,11 @@

##### 26

##### 27

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-06) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-06) if the firework is supplied to a person who is outwith Scotland, but only where the firework is to be delivered outwith Scotland.

It is not an offence under section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/section/22/1/2023-06-22) (restriction on days of supply of fireworks) for a person to supply a firework contrary to section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22)[(3)](https://www.legislation.gov.uk/asp/2022/9/section/22/3/2023-06-22) if the firework is supplied to a person who is outwith Scotland, but only where the firework is to be delivered outwith Scotland.

#### Public servants and volunteers in similar roles

@@ -1503,17 +1503,17 @@

##### 1

- (1) A local weights and measures authority (and its officers) may exercise the powers under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06) for the purpose of ascertaining whether an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) (supply of fireworks to unlicensed persons) or section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) (restriction on days of supply of fireworks) has been, or is being, committed.

- (2) A local weights and measures authority (and its officers) may exercise the power under [paragraph 6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) (power to seize and retain items) in relation to—

- (a) an item which an officer of the authority reasonably suspects may disclose (by means of testing or otherwise) the commission of an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06),

- (1) A local weights and measures authority (and its officers) may exercise the powers under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22) for the purpose of ascertaining whether an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) (supply of fireworks to unlicensed persons) or section [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) (restriction on days of supply of fireworks) has been, or is being, committed.

- (2) A local weights and measures authority (and its officers) may exercise the power under [paragraph 6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-22) (power to seize and retain items) in relation to—

- (a) an item which an officer of the authority reasonably suspects may disclose (by means of testing or otherwise) the commission of an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22),

- (b) a firework or pyrotechnic article which an officer of the authority reasonably suspects is liable to forfeiture under this Act, and

- (c) an item which an officer of the authority reasonably suspects may be required as evidence in proceedings for an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06).

- (3) A local weights and measures authority (and its officers) may not exercise the power under [paragraph 7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06) (powers in relation to documents) or [paragraph 9](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/2023-06-06) (power of entry with warrant) for the purpose mentioned in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/1/2023-06-06) unless an officer of the authority reasonably suspects that an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) has been, or is being, committed.

- (c) an item which an officer of the authority reasonably suspects may be required as evidence in proceedings for an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22).

- (3) A local weights and measures authority (and its officers) may not exercise the power under [paragraph 7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22) (powers in relation to documents) or [paragraph 9](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/2023-06-22) (power of entry with warrant) for the purpose mentioned in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/1/2023-06-22) unless an officer of the authority reasonably suspects that an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) has been, or is being, committed.

#### Power to purchase fireworks

@@ -1521,19 +1521,19 @@

- (1) An officer of a local weights and measures authority may—

- (a) make a purchase of a firework to which [Part 2](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-06) or [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) applies, or

- (a) make a purchase of a firework to which [Part 2](https://www.legislation.gov.uk/asp/2022/9/part/2/2023-06-22) or [section 22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) applies, or

- (b) direct or enter into an agreement with a person to secure the acquisition or supply of such a firework.

- (2) For the purposes of exercising the power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/1/2023-06-06), the officer may—

- (2) For the purposes of exercising the power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/1/2023-06-22), the officer may—

- (a) at any reasonable time, enter premises to which the public has access (whether or not the public has access at that time), and

- (b) inspect any product on the premises which the public may inspect.

- (3) The power of entry in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/2/2023-06-06) may be exercised without first giving notice or obtaining a warrant.

- (4) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/2023-06-06), “*premises*” includes any—

- (3) The power of entry in [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/2/2023-06-22) may be exercised without first giving notice or obtaining a warrant.

- (4) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/2023-06-22), “*premises*” includes any—

- (a) land or building,

@@ -1549,9 +1549,9 @@

- (1) An officer of a local weights and measures authority may enter premises to which the public has access in order to observe the carrying on of a business on those premises.

- (2) The power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/3/1/2023-06-06) may be exercised at any reasonable time (whether or not the public has access at that time).

- (3) The power of entry under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/3/1/2023-06-06) may be exercised without first giving notice or obtaining a warrant.

- (2) The power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/3/1/2023-06-22) may be exercised at any reasonable time (whether or not the public has access at that time).

- (3) The power of entry under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/3/1/2023-06-22) may be exercised without first giving notice or obtaining a warrant.

- (4) In this paragraph, “*premises*” includes any—

@@ -1569,39 +1569,39 @@

- (1) An officer of a local weights and measures authority may enter premises at any reasonable time.

- (2) In the case of a routine inspection, the power of entry in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/3/2023-06-06), unless [sub-paragraph (4)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/4/2023-06-06) applies.

- (2) In the case of a routine inspection, the power of entry in [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/3/2023-06-22), unless [sub-paragraph (4)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/4/2023-06-22) applies.

- (3) Those requirements are that—

- (a) the notice is in writing and is given by the officer,

- (b) the notice sets out why the entry is necessary and indicates the nature of the offence under [section 42](https://www.legislation.gov.uk/asp/2022/9/section/42/2023-06-06) (obstruction), and

- (b) the notice sets out why the entry is necessary and indicates the nature of the offence under [section 42](https://www.legislation.gov.uk/asp/2022/9/section/42/2023-06-22) (obstruction), and

- (c) there are at least two working days between the date of receipt of the notice and the date of entry.

- (4) A notice need not be given if the occupier has waived the requirement to give notice.

- (5) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2023-06-06) “*routine inspection*” means an exercise of the power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) other than where—

- (a) the power is exercised by an officer who reasonably suspects that an offence has been, or is being, committed under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06), or

- (b) the officer reasonably considers that to give notice in accordance with [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2/2023-06-06) would defeat the purpose of the entry.

- (6) If an officer enters premises under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) that are occupied, otherwise than in the course of a routine inspection, the officer must provide to an occupier a document that—

- (5) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2023-06-22) “*routine inspection*” means an exercise of the power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) other than where—

- (a) the power is exercised by an officer who reasonably suspects that an offence has been, or is being, committed under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22), or

- (6) If an officer enters premises under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) that are occupied, otherwise than in the course of a routine inspection, the officer must provide to an occupier a document that—

- (a) sets out why the entry is necessary, and

- (b) indicates the nature of the offence under [section 42](https://www.legislation.gov.uk/asp/2022/9/section/42/2023-06-06).

- (7) If an officer enters premises under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) that are occupied, the officer must produce evidence of the officer's identity and authority to an occupier.

- (8) An officer need not comply with [sub-paragraph (6)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/6/2023-06-06) or [(7)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/7/2023-06-06) if it is not reasonably practicable to do so.

- (9) Proceedings resulting from the exercise of the power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) are not invalid merely because of a failure to comply with [sub-paragraph (6)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/6/2023-06-06) or [(7)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/7/2023-06-06).

- (10) An officer entering premises under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary.

- (11) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2023-06-06)—

- (b) indicates the nature of the offence under [section 42](https://www.legislation.gov.uk/asp/2022/9/section/42/2023-06-22).

- (7) If an officer enters premises under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) that are occupied, the officer must produce evidence of the officer's identity and authority to an occupier.

- (8) An officer need not comply with [sub-paragraph (6)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/6/2023-06-22) or [(7)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/7/2023-06-22) if it is not reasonably practicable to do so.

- (9) Proceedings resulting from the exercise of the power under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) are not invalid merely because of a failure to comply with [sub-paragraph (6)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/6/2023-06-22) or [(7)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/7/2023-06-22).

- (10) An officer entering premises under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) may be accompanied by such persons, and may take onto the premises such equipment, as the officer considers necessary.

- (11) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2023-06-22)—

- “*occupier*”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises,

@@ -1617,31 +1617,31 @@

- (a) inspect a firework or an item suspected to be a firework on the premises,

- (b) arrange for a firework or an item suspected to be a firework to be tested (and may seize and retain the firework or item under [paragraph 6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) to do so).

- (2) Inspection and testing under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/5/2023-06-06) may carried out only for the purposes of determining—

- (2) Inspection and testing under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/5/2023-06-22) may carried out only for the purposes of determining—

- (a) whether or not an item is a firework, or

- (b) the category of a firework (or suspected firework) for the purposes of this Act (see [section 2](https://www.legislation.gov.uk/asp/2022/9/section/2/2023-06-06)).

- (b) the category of a firework (or suspected firework) for the purposes of this Act (see [section 2](https://www.legislation.gov.uk/asp/2022/9/section/2/2023-06-22)).

#### Power to seize and retain items

##### 6

- (1) An officer of a local weights and measures authority may seize and retain an item other than a document (for which see [paragraph 7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06)).

- (2) An officer seizing an item under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it.

- (3) The officer need not comply with [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2/2023-06-06) if it is not reasonably practicable to do so.

- (4) An officer seizing an item under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) must take reasonable steps to—

- (2) An officer seizing an item under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-22) from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it.

- (3) The officer need not comply with [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2/2023-06-22) if it is not reasonably practicable to do so.

- (4) An officer seizing an item under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-22) must take reasonable steps to—

- (a) inform the person from whom it is seized that it has been seized, and

- (b) provide that person with a written record of what has been seized.

- (5) An item seized under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) (except an item seized for the purpose in [paragraph 1](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2023-06-06)[(2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/2023-06-06)[(b)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/b/2023-06-06)) may not be detained—

- (5) An item seized under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-22) (except an item seized for the purpose in [paragraph 1](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2023-06-22)[(2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/2023-06-22)[(b)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/b/2023-06-22)) may not be detained—

- (a) for a period of more than 3 months beginning with the day on which it was seized, or

@@ -1661,49 +1661,49 @@

- (2) The powers in sub-paragraph (1) include power to require the trader, employee or other person to give an explanation of the document.

- (3) Where a document required to be produced under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/1/2023-06-06) contains information recorded electronically, the power under that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

- (4) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06) does not permit an officer to require a person to create a document other than as described in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/3/2023-06-06).

- (5) An officer seizing a document under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06) from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it.

- (6) The officer need not comply with [sub-paragraph (5)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/5/2023-06-06) if it is not reasonably practicable to do so.

- (7) An officer seizing a document under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06) must take reasonable steps to—

- (3) Where a document required to be produced under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/1/2023-06-22) contains information recorded electronically, the power under that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

- (4) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22) does not permit an officer to require a person to create a document other than as described in [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/3/2023-06-22).

- (5) An officer seizing a document under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22) from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing it.

- (6) The officer need not comply with [sub-paragraph (5)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/5/2023-06-22) if it is not reasonably practicable to do so.

- (7) An officer seizing a document under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22) must take reasonable steps to—

- (a) inform the person from whom it is seized that it has been seized, and

- (b) provide that person with a written record of what has been seized.

- (8) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06) does not permit an officer to require a person to produce or seize any document which the person would be entitled to refuse to produce in proceedings in the Court of Session on the grounds of confidentiality of communications.

- (9) In [sub-paragraph (8)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/8/2023-06-06), “*communications*” means—

- (8) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22) does not permit an officer to require a person to produce or seize any document which the person would be entitled to refuse to produce in proceedings in the Court of Session on the grounds of confidentiality of communications.

- (9) In [sub-paragraph (8)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/8/2023-06-22), “*communications*” means—

- (a) communications between a professional legal adviser and the adviser's client, or

- (b) communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

- (10) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06), “*occupier*”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises.

- (10) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22), “*occupier*”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises.

#### Power to break open container etc.

##### 8

- (1) An officer of a local weights and measures authority may, for the purpose of exercising the powers under paragraph [5](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/5/2023-06-06), [6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) or [7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06), require a person with authority to do so to—

- (1) An officer of a local weights and measures authority may, for the purpose of exercising the powers under paragraph [5](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/5/2023-06-22), [6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-22) or [7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22), require a person with authority to do so to—

- (a) break open any container, or

- (b) access any electronic device in which information may be stored or from which it may be accessed.

- (2) Where a requirement under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/1/2023-06-06) has not been complied with, the officer may, for the purpose of exercising any of the powers in [paragraph 7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06)—

- (2) Where a requirement under [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/1/2023-06-22) has not been complied with, the officer may, for the purpose of exercising any of the powers in [paragraph 7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22)—

- (a) break open the container, or

- (b) access the electronic device.

- (3) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/1/2023-06-06) or [(2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/2/2023-06-06) applies if and to the extent that the exercise of the power under that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.

- (4) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/2023-06-06) “*container*” means anything in which an item or document may be stored.

- (3) [Sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/1/2023-06-22) or [(2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/2/2023-06-22) applies if and to the extent that the exercise of the power under that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.

- (4) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/2023-06-22) “*container*” means anything in which an item or document may be stored.

#### Power of entry with warrant

@@ -1713,13 +1713,13 @@

- (a) there are reasonable grounds for suspecting—

- (i) that an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06) has been, or is being, committed at the premises, or

- (i) that an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22) has been, or is being, committed at the premises, or

- (ii) that there is an item or document on the premises that the officer has the power to inspect or require to be produced, and

- (b) one of the following conditions is met—

- (i) access to the premises has been or is likely to be refused and notice of the officer’s intention to apply for a warrant under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/1/b/2023-06-06) has been given to the occupier of the premises,

- (i) access to the premises has been or is likely to be refused and notice of the officer’s intention to apply for a warrant under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/1/b/2023-06-22) has been given to the occupier of the premises,

- (ii) it is likely that items or documents on the premises would be concealed or interfered with if notice of entry on the premises were given to the occupier of the premises, or

@@ -1733,19 +1733,19 @@

- (a) enter the premises by force if necessary,

- (b) exercise the powers in [paragraph 5](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/5/2023-06-06), [6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06), [7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-06) or [8](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/2023-06-06).

- (b) exercise the powers in [paragraph 5](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/5/2023-06-22), [6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-22), [7](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/7/2023-06-22) or [8](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/8/2023-06-22).

- (5) If the premises are occupied when the officer enters them, the officer must produce the warrant for inspection to an occupier of the premises.

- (6) [Sub-paragraph (7)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/7/2023-06-06) applies if the premises are unoccupied or the occupier is temporarily absent.

- (6) [Sub-paragraph (7)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/7/2023-06-22) applies if the premises are unoccupied or the occupier is temporarily absent.

- (7) On leaving the premises, the officer must—

- (a) leave a notice on the premises stating that the premises have been entered under a warrant under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/7/a/2023-06-06), and

- (b) leave the premises as effectively secured as the officer found them.

- (8) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/2023-06-06)—

- (8) In [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/2023-06-22)—

- “*occupier*”, in relation to premises, means any person an officer of a weights and measures authority reasonably suspects to be the occupier of the premises,

@@ -1755,13 +1755,13 @@

##### 10

If an officer of a local weights and measures authority has entered premises under [paragraph 4](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2023-06-06)[(1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-06) or under a warrant under [paragraph 9](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/2023-06-06), the officer may require any person on the premises to provide such assistance or information as the officer reasonably considers necessary.

If an officer of a local weights and measures authority has entered premises under [paragraph 4](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/2023-06-22)[(1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/4/1/2023-06-22) or under a warrant under [paragraph 9](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/9/2023-06-22), the officer may require any person on the premises to provide such assistance or information as the officer reasonably considers necessary.

#### Access to seized items and documents

##### 11

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-06) applies where a thing seized by an officer of a local weights and measures authority under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06) is retained by the authority.

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-22) applies where a thing seized by an officer of a local weights and measures authority under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22) is retained by the authority.

- (2) If a request for permission to be granted access to that thing is made to the local weights and measures authority by a person who had custody or control of it immediately before it was seized, the authority must allow that person access to it under the supervision of an officer of the authority.

@@ -1771,41 +1771,41 @@

- (b) photograph or copy it, or cause it to be photographed or copied.

- (4) Where anything is photographed or copied under [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/3/2023-06-06), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

- (5) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-06) does not require access to be granted to, or a photograph or copy to be supplied of, a thing if the local weights and measures authority has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized.

- (6) A local weights and measures authority may recover the reasonable costs of complying with a request under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-06) from the person by whom or on whose behalf it was made.

- (7) References in [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-06) to a person who had custody or control of a thing immediately before it was seized include a representative of such a person.

- (4) Where anything is photographed or copied under [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/3/2023-06-22), the photograph or copy must be supplied to the person who made the request within a reasonable time from the making of the request.

- (5) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-22) does not require access to be granted to, or a photograph or copy to be supplied of, a thing if the local weights and measures authority has reasonable grounds for believing that to do so would prejudice the investigation for the purposes of which it was seized.

- (6) A local weights and measures authority may recover the reasonable costs of complying with a request under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-22) from the person by whom or on whose behalf it was made.

- (7) References in [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/11/2023-06-22) to a person who had custody or control of a thing immediately before it was seized include a representative of such a person.

#### Notice of testing of item

##### 12

- (1) [Sub-paragraphs (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/2/2023-06-06) and [(3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/3/2023-06-06) apply where—

- (a) a firework purchased (or acquired under direction or by arrangement) by an officer of a local weights and measures authority under [paragraph 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/2023-06-06) is submitted to a test and as a result proceedings are brought for an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06), or

- (b) a firework or item seized by an officer of a local weights and measures authority under [paragraph 6](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/6/2023-06-06) is submitted to a test.

- (1) [Sub-paragraphs (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/2/2023-06-22) and [(3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/3/2023-06-22) apply where—

- (a) a firework purchased (or acquired under direction or by arrangement) by an officer of a local weights and measures authority under [paragraph 2](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/2/2023-06-22) is submitted to a test and as a result proceedings are brought for an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22), or

- (2) The local weights and measures must inform the relevant person of the results of the test.

- (3) The local weights and measures authority must allow a relevant person to have the firework or item tested if it is reasonably practicable to do so.

- (4) In [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/2/2023-06-06), “*relevant person*” means the person from whom the firework or item was purchased or seized.

- (5) In [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/3/2023-06-06), “*relevant person*” means—

- (a) in a case within [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/1/2023-06-06)[(a)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/1/a/2023-06-06), a person who is a party to the proceedings, or

- (b) in any other case, a person referred to in [sub-paragraph (4)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/4/2023-06-06).

- (4) In [sub-paragraph (2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/2/2023-06-22), “*relevant person*” means the person from whom the firework or item was purchased or seized.

- (5) In [sub-paragraph (3)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/3/2023-06-22), “*relevant person*” means—

- (a) in a case within [sub-paragraph (1)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/1/2023-06-22)[(a)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/1/a/2023-06-22), a person who is a party to the proceedings, or

- (b) in any other case, a person referred to in [sub-paragraph (4)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/12/4/2023-06-22).

#### Application for release of firework, item or document

##### 13

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/13/2023-06-06) applies where a firework, item or document is being retained as the result of the exercise of a power under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06).

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/13/2023-06-22) applies where a firework, item or document is being retained as the result of the exercise of a power under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22).

- (2) A person with an interest in the firework, item or document may apply to a sheriff for an order requiring it to be released to that or another person.

@@ -1819,7 +1819,7 @@

- (5) Condition B is that—

- (a) proceedings of the kind mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/13/4/2023-06-06)[(a)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/13/4/a/2023-06-06) have been brought, and

- (a) proceedings of the kind mentioned in [sub-paragraph (4)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/13/4/2023-06-22)[(a)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/13/4/a/2023-06-22) have been brought, and

- (b) those proceedings have been concluded without the firework, item or document being forfeited.

@@ -1827,15 +1827,15 @@

##### 14

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/14/2023-06-06) applies where an officer of a local weights and measures authority has seized and retained a firework or item under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-06) for a purpose within [paragraph 1](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2023-06-06)[(2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/2023-06-06)[(a)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/a/2023-06-06).

- (1) [This paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/14/2023-06-22) applies where an officer of a local weights and measures authority has seized and retained a firework or item under [this schedule](https://www.legislation.gov.uk/asp/2022/9/schedule/2/2023-06-22) for a purpose within [paragraph 1](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2023-06-22)[(2)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/2023-06-22)[(a)](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/1/2/a/2023-06-22).

- (2) The local weights and measures authority must pay compensation to any person with an interest in the firework or item in respect of any loss or damage caused by the seizure and retention if—

- (a) the firework or item has not disclosed an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-06) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-06), and

- (a) the firework or item has not disclosed an offence under [section 5](https://www.legislation.gov.uk/asp/2022/9/section/5/2023-06-22) or [22](https://www.legislation.gov.uk/asp/2022/9/section/22/2023-06-22), and

- (b) the power to seize and retain the firework or item was not exercised as a result of any neglect or default of the person seeking the compensation.

- (3) Any dispute about the right to or amount of any compensation payable under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/14/2023-06-06) is to be determined by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.

- (3) Any dispute about the right to or amount of any compensation payable under [this paragraph](https://www.legislation.gov.uk/asp/2022/9/schedule/2/paragraph/14/2023-06-22) is to be determined by a single arbitrator appointed by the parties or, if there is no agreement between the parties as to that appointment, by the sheriff.

#### Meaning of “firework” and “pyrotechnic article”

@@ -2117,6 +2117,8 @@

[^key-1355b468fe63d50ae8c916f7fe475107]: Sch. 1 para. 4 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-6dc19224a8e44a74bbdf3f18aca5fe0e]: Sch. 1 para. 5 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-f4ef221d25f0216d911f8110fc03c7fe]: Sch. 1 para. 6 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-ff5f099583d2542f56abf3bcedb047e5]: Sch. 1 para. 7 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

@@ -2129,6 +2131,8 @@

[^key-dc4f65a568464bf397dda7c0a901a478]: Sch. 1 para. 11 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-8e232817a96d7ff26bde4e928efa5f17]: Sch. 1 para. 12 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-5270bd131b9cb8362d0a431d3182ddeb]: Sch. 1 para. 13 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-b27e642dd2abeafc4a096779bab110ce]: Sch. 1 para. 14 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

@@ -2139,12 +2143,16 @@

[^key-db65dec88ec528c1ecf74c59735680f2]: Sch. 1 para. 17 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-26852a5864c53baebf983d48f4ca451d]: Sch. 1 para. 18 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-f409be38ecf6b82a9bf02a4b26a933ed]: Sch. 1 para. 19 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-e0d03318c2a61868f704ee5862c4edb8]: Sch. 1 para. 20 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-d9b9f23fe58fb260f1e5ddbe8242b955]: Sch. 1 para. 21 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-323596843e9cd821467d23d393f09b3b]: Sch. 1 para. 22 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-293ff8070635846b00a19741990a9d65]: Sch. 1 para. 23 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

[^key-43d326a20a452cd0903fe4a9d425afcd]: Sch. 1 para. 24 not in force at Royal Assent, see [s. 56(2)](https://www.legislation.gov.uk/asp/2022/9/section/56/2)

@@ -2251,7 +2259,33 @@

[^key-b3ff9dbe801e55600ae17ca4656d049b]: [Sch. 1 para. 29](https://www.legislation.gov.uk/asp/2022/9/schedule/1/paragraph/29) in force at 6.6.2023 by [S.S.I. 2023/99](https://www.legislation.gov.uk/ssi/2023/99), [reg. 2](https://www.legislation.gov.uk/ssi/2023/99/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/99/schedule)

#### Professional organisers or operators of fireworks displays or pyrotechnics displays

[^key-025c8db6b95b4dd741d6f488e2624f07]: [S. 26](https://www.legislation.gov.uk/asp/2022/9/section/26) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-624cd5b7815049ed11a6403de95421bf]: [S. 27](https://www.legislation.gov.uk/asp/2022/9/section/27) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-9cfb5da096909cdb018d2ec185a96508]: [S. 28](https://www.legislation.gov.uk/asp/2022/9/section/28) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-49bdc5615af2cb2bdc5f5383f12b86f6]: [S. 29](https://www.legislation.gov.uk/asp/2022/9/section/29) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-ec50ff093b4d48f12b664cdcca34b5be]: [S. 30](https://www.legislation.gov.uk/asp/2022/9/section/30) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-e937a2777e67fa51602367fc2c9dfebf]: [S. 31](https://www.legislation.gov.uk/asp/2022/9/section/31) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-161725af5289bf50fba07c8b98a18ecd]: [S. 32](https://www.legislation.gov.uk/asp/2022/9/section/32) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-7e13f176e62d232c32c90acc60f12fe4]: [S. 33](https://www.legislation.gov.uk/asp/2022/9/section/33) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-fbafc9772768be1f942390aa477109c9]: [S. 38(1)](https://www.legislation.gov.uk/asp/2022/9/section/38/1) in force at 22.6.2023 for specified purposes by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-8c8b41bdcf349e73c83880ea6a46443b]: [Sch. 1 para. 5](https://www.legislation.gov.uk/asp/2022/9/schedule/1/paragraph/5) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-8a262639db2a50842f06ae07afc30e88]: [Sch. 1 para. 12](https://www.legislation.gov.uk/asp/2022/9/schedule/1/paragraph/12) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-683f040dac866002ce162a200e9679f6]: [Sch. 1 para. 18](https://www.legislation.gov.uk/asp/2022/9/schedule/1/paragraph/18) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

[^key-6a2cb962e5f3589d9c0db8bb40d3965f]: [Sch. 1 para. 22](https://www.legislation.gov.uk/asp/2022/9/schedule/1/paragraph/22) in force at 22.6.2023 by [S.S.I. 2023/176](https://www.legislation.gov.uk/ssi/2023/176), [reg. 2](https://www.legislation.gov.uk/ssi/2023/176/regulation/2), [sch.](https://www.legislation.gov.uk/ssi/2023/176/schedule)

#### Regulatory authorities or those acting under the direction of a regulatory authority

#### Power to purchase fireworks

2023-06-06

Fireworks and Pyrotechnic Articles (Scotland) Act 2022

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2022-10-10

Fireworks and Pyrotechnic Articles (Scotland) Act 2022

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2022-08-11

Fireworks and Pyrotechnic Articles (Scotland) Act 2022

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2022-08-10

Fireworks and Pyrotechnic Articles (Scotland) Act 2022 — versión ori

original version Text at this date