A general overview of the legislation surrounding fireworks can be found in the SPICe blog Fireworks.
This blog focusses on the topic of fireworks and animal welfare.
Animal Health and Welfare (Scotland) Act 2006
The use of fireworks is subject to relevant legislation, including the Animal Health and Welfare (Scotland) Act 2006.
Section 19 of the Act sets out the circumstances in which a person who causes a protected animal to suffer unnecessarily commits an offence. (An animal is deemed to be “protected” if it is of a kind which is commonly domesticated in the British Islands; under the control of a person on a permanent or temporary basis; or is not living in a wild state.)
Unnecessary suffering includes mental and/or physical suffering. An offence can be carried out in several ways. For example, a person may commit an offence if they do something which causes unnecessary suffering if the person knew, or ought to have reasonably known, that this would cause or be likely to cause the suffering. A person may also commit the offence if unnecessary suffering results from failing to do something, where that person is responsible for the animal (again where the person knew, or ought to have reasonably known, that this would cause or be likely to cause the suffering).
Section 19(4) sets out a non-exhaustive list of considerations to which the courts are to have regard in determining whether suffering is unnecessary. These considerations include:
- whether the suffering could reasonably have been avoided or reduced
- compliance with any relevant enactment or licence or code of practice issued on a statutory basis
- the purpose of the conduct
- the proportionality of the suffering to the purpose
- whether the conduct was that of a reasonably competent and humane person.
A person who commits an offence under section 19 is liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding £20,000 or to both. Furthermore, on conviction on indictment under section 19, a person is liable to imprisonment for a term not exceeding 5 years or a fine, or to both. It would be a matter for the relevant authorities to decide whether the use of fireworks and any subsequent suffering caused to animals constitutes an offence under section 19 of the Act.
UK Government consultation
The UK Government has recently consulted on fireworks and pyrotechnics in the UK. This included proposals to:
- restrict the availability of noisier fireworks to the general public, with louder products only available to professional users
- add products deemed to be carrying unacceptable risks to the list of existing banned pyrotechnic products set out in regulation 33 of the Pyrotechnic Articles (Safety) Regulations 2015 (as amended)
- review the regulations for fireworks and pyrotechnic products currently classified as lower risk to better reflect the different levels of risk they pose
Animal welfare considerations were referred to within the consultation.
Additional information
Further information can be found in the following:
SPICe briefing: ‘Fireworks and Pyrotechnic Articles (Scotland) Bill’ (2022)
SPICe briefing: Fireworks (2011)
SPICe blog: Fireworks (2024)
SPICe blog: Fireworks (2022)
Rebecca Bartlett, Enquiries Officer