The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023

Type Scottish-Statutory-Instrument
Publication 2023-06-06
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
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Made: 6th June 2023

Laid before the Scottish Parliament: 8th June 2023

Coming into force: 22nd June 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 56(2) and (3) of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022[^f00001].

Citation and commencement

1

These Regulations may be cited as the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (Commencement No. 3) Regulations 2023 and come into force on 22 June 2023.

Appointed Day

2

SCHEDULE

Column 1 (provisions of the Act) Column 2 (subject matter) Column 3 (purpose)
Section 26 Application of Part 4
Section 27 Firework control zones
Section 28 Prior consultation on proposals
Section 29 Publication of decision on proposal
Section 30 Publicising firework control zones
Section 31 Review of operation and effectiveness
Section 32 Power to make further provision
Section 33 Guidance
Section 38(1) Exemptions from offences in Act For the purpose of paragraphs 5, 12, 18 and 22 of schedule 1.
Schedule 1, paragraphs 5, 12 18 and 22 Exemptions from offences in section 27

Signed

SIOBHIAN BROWN — Authorised to sign by the Scottish Ministers — 6th June 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision for the commencement, on 22 June 2023, of the following provisions of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”): sections 26, 27, 28, 29, 30, 31, 32, 33 and 38(1) (partially, insofar as that subsection relates to certain provisions of schedule 1), and paragraphs 5, 12, 18 and 22 of schedule 1.

The Act makes provision in relation to regulating the use, supply and possession of fireworks and other pyrotechnic articles. The sections commenced by these Regulations confer powers on local authorities to designate a place within their area as a firework control zone, and make provision as to how those powers are to be exercised. Section 27(2) provides that the use of fireworks within a firework control zone, or the firing of a firework into such a zone, is an offence. Paragraphs 5, 12, 18 and 22 of schedule 1 set out exemptions permitting the use of fireworks in a firework control zone in particular circumstances.

The Bill for the Act received Royal Assent on 10 August 2022. By virtue of section 56 of the Act, sections 50, 51, 52, 53, 56 and 57 came into force on the day following Royal Assent.

Footnotes

[^f00001]: 2022 asp 9.

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