Explosives (Fireworks) Regulations (Northern Ireland) 2002

Made: 11th April 2002

To be laid before Parliament

Coming into operation: 6th May 2002

The Secretary of State, in pursuance of sections 1(4A) and 3 of the Explosives Act (Northern Ireland) 1970[^f00001], hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Explosives (Fireworks) Regulations (Northern Ireland) 2002 and shall come into operation on 6th May 2002.

Interpretation

2

• (1) In these Regulations—

• the “2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;

• ...

• ...

• ...

• ...

• ...

• ...

• “category F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article) to the 2015 Regulations;

• “category F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;

• “category F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;

• ...

• ...

• “enforcing authority” has the meaning set out in regulation 2(1) (interpretation) of the 2015 Regulations;

• “firework” means any article, intended for entertainment purposes, containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;

• ...

• ...

• “pyrotechnic composition” means a substance or a mixture of substances designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reactions;

• “sparkler” means a firework comprising a rigid wire partially coated with slow burning pyrotechnic composition, the functioning of which involves the emission of sparks without a report;

• ...

Savings for Explosives Acts

3

Nothing in these Regulations shall affect or derogate from any provisions under the Explosives Act 1875[^f00007] or the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 whether by Order in Council, Rule or other Statutory Instrument.

Part II

Prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks

4

• (1) Subject to regulation 9, the possession, purchase, sale, acquisition, handling or use of fireworks by a person other than a ... Constable or representative of an enforcing authority acting in his capacity as such shall be prohibited except under licence issued by the Secretary of State.

• ((2)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exception for special effects purposes

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Licence for the possession, purchase, sale, acquisition, handling or use of fireworks

6

• (1) An application for a licence under regulation 4(1) shall be made in writing to the Secretary of State and shall be accompanied by such information and in such form and be made in such time as the Secretary of State may require.

• (2) A licence under regulation 4(1) shall be in such form and subject to such conditions bearing on health and safety as the Secretary of State may require.

• (3) Without prejudice to the generality of paragraph (2), the conditions imposed under that paragraph may include conditions as to the persons who are present, on behalf of the applicant, when the fireworks are fired.

• (4) The Secretary of State shall not issue a licence under regulation 4(1) unless he is satisfied that to do so would not put at risk the health and safety of any person.

Production of licence

7

• (1) The purchaser of fireworks acting under a licence issued under regulation 4(1) shall produce his licence to the seller at the time of purchase and the seller, where such licence is not so produced, shall be prohibited from selling such fireworks.

• (2) The seller of fireworks subject to licence under regulation 4(1), shall keep a permanent record of all sales of such fireworks. He shall record the name and address of every person to whom he sells such fireworks together with the date of each such sale and particulars of the quantity and type of the fireworks sold and the licence number.

• (3) The record shall be retained for at least two years.

• (4) The record shall on demand be immediately produced for inspection by a ... Constable or representative of an enforcing authority on production of his warrant.

Labelling requirements

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fireworks exempt from prohibition

9

• (1) Regulation 4(1) shall not apply to—

• (a) the fireworks in Schedule 1 ...; and

• (b) any person licensed under regulation 11, or registered under regulation 13, of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 to keep classified fireworks for the purpose of wholesale or retail trade;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In paragraph 1 “classified” means classified in accordance with regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2010.

Licence fee

10

The fee payable to the Secretary of State for the processing of a licence under regulation 4(1) shall be such sum as is specified in Schedule 3.

Part III

Display of notice and certificate

11

• (1)

• (a) A notice displaying the following statement—

It is illegal to sell category F1 fireworks to anyone under the age of 16 and category F2 fireworks and category F3 fireworks to anyone under the age of 18

shall be exhibited at every premises at which fireworks are sold by retail and shall be so exhibited in a prominent position where it can be easily read by persons at the point of sale, and comprise characters in bold black colour against a white background;

• (b) the dimensions of the notice to be exhibited in accordance with paragraph (a) shall be not less than 297 millimetres by 420 millimetres and the size of the statement to be displayed on the notice shall be such that no character is less than 36 millimetres high.

• (2) The original certificate of registration under regulation 13 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 shall be displayed prominently at the point of sale.

Transactions in fireworks

12

The provisions of section 1(1) and (2) of the Explosives Act (Northern Ireland) 1970 shall not apply to carrying out, or undertaking to carry out, transactions in fireworks which are in accordance with the 2015 Regulations.

Offences

13

A person who contravenes regulations 4, 7 ... or 11 or any condition of a licence issued by the Secretary of State under regulation 4(1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Repeal

14

The Explosives (Fireworks) Regulations (Northern Ireland) 1999[^f00010] are hereby repealed.

SCHEDULE 1 — Fireworks exempt from the provisions of regulation 4(1)

SCHEDULE 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 — Scale of licence fees

Signed

John Reid — One of her Majesty’s Principal Secretaries of State — 11th April 2002

Explanatory note

(This note is not part of the Regulations.)

These Regulations repeal previous Regulations which are largely re-enacted and make provisions to prohibit the possession, purchase, sale, acquisition, handling or use of certain categories of fireworks except under licence, issued by the Secretary of State to whom application shall be made in writing. A licence fee will be payable (regulations 4, 5, 6, 7 and 10). Fireworks exempt from the general prohibition are described (regulation 9 and Schedule 1).

The regulations now prohibit the possession, purchase, sale, acquisition, handling or use of all but one class of firework except under licence from the Secretary of State.

The Regulations prohibit the possession, purchase, sale, acquisition, handling or use of fireworks of erratic flight, mini-rockets, bangers or certain air bombs but provide an exception for any person for use, in the course of a trade or business of his, for special effects purposes in the theatre, on film or on television (regulation 4 and 5).

The Regulations also require specified fireworks and assemblies to be marked with the words “This device must not be sold to, or used by, a member of the general public”. Packets of sparklers must be marked with the words “Warning: not to be given to children under 5 years of age” (regulation 8).

The Regulations provide a sliding scale of fees for the issue of fireworks licences (regulation 10 and Schedule 3).

Copies of British Standard 7114, and the British Standards referred to in it, are available from any of the sales outlets operated by the British Standards Institution (BSI), by post from BSI at 389 Chiswick High Road, London W4 4AL or from any of the bookshops operated by the Stationery Office Limited.

Footnotes

[^f00001]: 1970 c. 10 (N.I.) as amended by S.I. 1996/20 (N.I. 17)

[^f00007]: 38 and 39 Vict. c. 17

[^f00010]: S.R. 1999 No. 392

Editorial notes

[^key-7aa569b581e06fc0e0c9876c6c6946df]: Reg. 1 in operation at 6.5.2002, see reg. 1

[^key-074227102251b7a85f659a32ea3e3e58]: Reg. 2 in operation at 6.5.2002, see reg. 1

[^key-a8d4371fc0d257d2a07c90b0e12d9824]: Reg. 3 in operation at 6.5.2002, see reg. 1

[^key-3ebc6f774a1b8a30cb6cd1d9e7e885b9]: Reg. 4 in operation at 6.5.2002, see reg. 1

[^key-5c138cbd8a7bd803e85244cf72a726eb]: Reg. 6 in operation at 6.5.2002, see reg. 1

[^key-aec4cbf238cd8cbe5d51cc0b07151cc1]: Reg. 7 in operation at 6.5.2002, see reg. 1

[^key-41dc7aa4bbf34735b7092ebc96856cc6]: Reg. 9 in operation at 6.5.2002, see reg. 1

[^key-1d20d28094018d421fb6a749aa5fac71]: Reg. 10 in operation at 6.5.2002, see reg. 1

[^key-bbf6e71f37000b9cc83db769a4c71f17]: Reg. 11 in operation at 6.5.2002, see reg. 1

[^key-70fd97f691a289b2bc330b6985630250]: Reg. 12 in operation at 6.5.2002, see reg. 1

[^key-08332c216b4e2fb1861f36dbbba99af5]: Reg. 13 in operation at 6.5.2002, see reg. 1

[^key-f2804393dcefe1c66dda693f1fcf8681]: Reg. 14 in operation at 6.5.2002, see reg. 1

[^key-33749f6943d0d23312b9dc6ded0d1cdd]: Sch. 1 in operation at 6.5.2002, see reg. 1

[^key-bdcc164a52dadcdf405fe087ba2583df]: Sch. 3 in operation at 6.5.2002, see reg. 1

[^key-a01553a1e0b27da370bf275a9c9e5853]: Words in Sch. 3 substituted (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 33(8)

[^key-6701c9f0d871ace49543e19e3d76d94f]: Words in reg. 3 substituted (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 33(3)

[^key-4d4c7e9784689c571602cb57d7084604]: Reg. 9(b) substituted (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 33(6)

[^key-9138dcc23d9f3a24226f6a78e509cae4]: Words in reg. 11(2) substituted (1.12.2006) by The Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 (S.R. 2006/425), reg. 1, Sch. 6 para. 33(7)

[^key-91348fe59ebc40a6cbd065fec2bf8097]: Words in Sch. 1 substituted (4.7.2010) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 3(6) (with regs. 3, 49(12)(13))

[^key-623a5db8c56d95be44bef7c644eecef1]: Words in reg. 2 omitted (4.7.2010) by virtue of The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), reg. 1(1), Sch. 5 para. 2(1) (with regs. 3, 49(12)(13))