Decade-old provisions still light the sky

SPICe has published an updated briefing outlining the legislative framework in relation to the supply, sale, use, storage and possession of fireworks.

There are a number of existing Acts of Parliament and regulations (at both the UK and Scottish level) which relate to the supply, sale, use, storage and possession of fireworks and the most recent piece of legislation is the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.

SPICe has published a new blog, which provides an up-to-date on the legislation, enhances and updates on their original Fireworks blog published in October 2018, and, puts a particular focus on the parts of this Act that are currently in force.

To read the latest blog please click here, but information is summarised below.

SPICe highlight in their blog that while some of the legislation may have been superseded by more recent regulations, they generally contain similar requirements. For example:

• The Explosives Regulations 2014 repealed the Manufacture and Storage of Explosives Regulations 2005.
• The Pyrotechnic (Safety) Regulations 2015 revoked the Pyrotechnic (Safety) Regulations 2010. One notable change in the new Regulations is that they provide an exception to Category F1 fireworks not being supplied to anyone under the age of 16 years to exclude Christmas crackers, for which the age is 12 years.

The briefing also refers to the BS7114 safety standard. The Pyrotechnic (Safety) Regulations 2010 replaced this standard, introducing a requirement from July 2017 to have a CE mark instead to show fireworks’ conformity with safety standards. Following the UK leaving the EU, the UKCA (UK Conformity Assessed) Marking scheme will be used, as outlined in the Guidance on the Pyrotechnic Articles (Safety) Regulations 2015. CE marking will cease to be recognised from 1 January 2025.

The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 (“the Act”)

This Act is the most significant new piece of legislation affecting fireworks regulation in Scotland. It was passed by the Scottish Parliament in June 2022 and received Royal Assent on 10 August 2022. Not all of the Act is currently in force and the blog covers those that are, namely Part 3, 4 and 5.

Designating an area as a firework control zone

Prior to doing so, the local authority must publish and consult on its plans to do so. This year, councils in Edinburgh and Glasgow held consultations on introducing firework control zones. Where a decision is made to proceed with a proposal, the local authority must publish a document containing this decision at least 60 days before the day on which the proposal is to have effect.

The City of Edinburgh Council voted against a control zone covering the entire city and instead introduced temporary restrictions in Niddrie, Balerno, Seafield and Calton Hill. These control zones will be in place from 1-10 November 2024.

Glasgow City Council considered thirteen applications for firework control zones, with four relating to locations in Pollokshields. This area was the only one designated as a control zone, which was due to be in place from 1-10 November 2024. However, Glasgow City Council published the legal notice of the control zone outside of the 60-day period required before the proposal takes effect. The zone will therefore not be implemented until next year. A consultation on creating a city-wide firework control zone in Glasgow is running from 10 September to 20 October 2024, however due to the 60-day notice period required, this zone will also not be in place for Bonfire Night 2024.

Part 5 – Pyrotechnic articles in public places and at designated venues and events

This part of the Act makes it an offence to possess a pyrotechnic article (e.g. a flare) in a public place or while in a designated venue or at a designated event, for example, at a sports ground or music event.

Part 6 – Aggravation of offences against emergency workers

This part of the Act is partly in force (some sections relate to Part 2 which has not yet been implemented). One section which has been implemented is the introduction of an aggravation of offences against emergency workers where a firework or pyrotechnic article is used. This aggravation can be taken into account when determining the sentence for any offence.

The blog then covers the parts of the Act not yet in force.

Further information on the 2022 Act can be found in the SPICe briefing ‘Fireworks and Pyrotechnic Articles (Scotland) Bill’.