Fireworks and Pyrotechnic Articles (Scotland) Act 2022
The Scottish Parliament has competence to regulate the use of fireworks to some extent. The most significant example is the enactment of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022. 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
The following parts of the Act are in force:
Part 3 – Supply of fireworks to under 18s
This part of the Act is not fully in force. The provision currently in force 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 children. A person who commits this offence is liable, on summary conviction, to a fine of up to £5,000, six months’ imprisonment, or both.
It is not an offence for a person to buy, attempt to buy, give or make available a pyrotechnic article to a child if the manufacture of the product designed it to be used as a visual distress signal and the person intends for the child to use it in an appropriate circumstance.
Firework and pyrotechnic articles are defined in Section 1 of the Act.
Part 4 – Firework Control Zones
Part 4 of the Act provides local authorities with the power to designate firework control zones. These are places within the area of the local authority in relation to which the use of fireworks is restricted, including the use of fireworks on private land.
In firework control zones:
- It is an offence to ignite a firework, or knowingly or recklessly throw or cast a lit firework, or fire a firework into the designated zone. This can include on private property where that is designated by a local authority. A person who commits an offence is liable, on summary conviction, to a fine of up to £5,000, six months’ imprisonment, or both.
- The use of category 1 fireworks (sparklers, crackers, party poppers) is permitted.
- The use of organised public firework displays is permitted, so that people can enjoy fireworks safely.
Prior to designating an area as a firework control zone, the local authority must publish its proposal on the designation, amendment or revocation of the zone and consult:
- the persons who live or work in the area that will be affected by the proposal
- other members of the local community in or near the area
- any other persons/ bodies in the local authority who may have a connection, interest or be affected by the proposal.
Sections 28 (2) and (3) set out the particulars to be set out in a proposal.
Once a firework control zone has been authorised, the responsibility for enforcing any offence falls to Police Scotland.
The City of Edinburgh Council announced firework control zones between 30 October – 8 November 2026 in the following areas:
- Balerno
- Calton Hill
- Corstorphine
- Gracemount
- Liberton
- Lochend
- Longstone
- Moredun
- Niddrie
- Seafield
- Stenhouse/ Gaskill
- Sighthill/Broomhouse
- West Pilton
- Wester Hailes.
Glasgow City Council confirmed four firework control zones from 30 October – 9 November 2026 in the following areas:
- Govanhill and Pollokshields
- Broomhouse
- Glasgow Harbour
- Pollok SSPCA.
Part 5 – Pyrotechnic articles in public places and at designated venues and events
This part of the Act makes it an offence for a person to possess a pyrotechnic article (e.g. a flare), without reasonable excuse, in a public place or while in a designated venue or at a designated event, for example, at a sports ground or music event. A person who commits an offence is liable, on summary conviction, to a fine of up to £5,000, six months’ imprisonment, or both.
It is not an offence to possess a pyrotechnic article if the possession is in connection with the person’s employment or with an activity where it is appropriate to possess the article for use as a visual distress signal.
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). The provision currently in force introduces an aggravation of offences where a firework or pyrotechnic article is used which is lit or ignited and a victim of the offence is an emergency worker. This aggravation can be taken into account when determining the sentence for any offence.
An emergency worker is defined under section 44(2) of the Act.
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.
Part 3 of the Act will further restrict the days on which fireworks can be sold and used.
In response to written question S7W-01880 on these sections of the Act and their implementation date, the Minister for Victims and Community Safety, Kirsten Oswald MSP, said in August 2026:
“Implementation of these measures has been paused in light of the significant challenging financial context and operational and resource implications associated with their introduction. The position remains under review as the Scottish Government continues to consider in the context of how existing measures are impacting the nature and pattern of disorder.”
Fireworks and animal welfare will be considered in a separate blog.
Rebecca Bartlett, Enquiries Officer