Post updated 7 October 2024.
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. The most recent piece of legislation is the Fireworks and Pyrotechnic Articles (Scotland) Act 2022.
This blog provides an up-to-date overview of the legislation, further to the Fireworks blog published in October 2018, and, in particular, the parts of this Act that are currently in force.
Background
SPICe published a briefing on fireworks which outlined the legislative framework in relation to the supply, sale, use, storage and possession of fireworks. Although published in 2011, a significant portion of the briefing is still current.
While some of the legislation may have been superseded by more recent regulations, they generally contain similar requirements.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- The Explosives Regulations 2014 repealed the Manufacture and Storage of Explosives Regulations 2005.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.
Parts of the Act currently in force
Part 3 – Supply of fireworks to under 18s
This part of the Act created a new offence of providing fireworks, or other pyrotechnic articles, to someone under the age of 18. This includes knowingly buying, attempting to buy, giving, or in any way making such products available to young people. Anyone that commits this offence is liable, on summary conviction, to a fine of up to £5,000, 6 months’ imprisonment, or both.
There are exemptions to this offence for the non-retail supply of appropriate pyrotechnic articles in certain limited circumstances, for example, making safety flares available to those under 18.
Part 4 – Firework control zones
The Act provides local authorities with the power to designate firework control zones. Some local authorities have introduced firework control zone community request processes and have made these available on their website (see Parliamentary question S6W-27454 for details of this). It is then an offence to use fireworks within this zone, with someone convicted being liable to a fine of up to £5,000, 6 months’ imprisonment, or both.
Prior to designating an area as a firework control zone, 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.
Parts of the Act not yet in force
Part 2 of the Act will introduce a fireworks licensing system, with mandatory safety training, for people who wish to purchase and use fireworks in categories F2 and F3 as laid out in the Act.
In a letter to the Criminal Justice Committee of 23 February 2024, the Minister for Victims and Community Safety, Siobhian Brown MSP, advised the Scottish Government would be extending the timeframe for implementing this part of the Act until 2026 due to “a particularly difficult budget”. She advised that the Government is “conscious of the need to focus our resources on our frontline public services” and due to this will “consider cost-effective approaches to progress delivery of the fireworks licensing requirement, working to a timeline of early 2026”.
Part 3 – Days of supply and use of fireworks
The section of this part of the Act which will restrict the days on which fireworks can be sold and used is also not yet in force. In a letter to the Criminal Justice Committee of 14 February 2023, Elena Whitham MSP, the then Minister for Community Safety, advised that the implementation of this section of the Act “will be paused to a future financial year”. In a further letter to the Committee of 22 March 2023, she advised that “due to the evolving turbulent economic environment, it is not yet possible to confirm in which financial year the restrictions on supply and use of fireworks will commence”.
Additional information
Further information on the 2022 Act can be found in the SPICe briefing ‘Fireworks and Pyrotechnic Articles (Scotland) Bill’.
Kirsty Deacon, SPICe
Blog image: “Fireworks” by Amani Hasan is licensed under CC BY 2.0.