Serious Organised Crime and Police Act 2005 Explanatory Notes

Section 115: Power to stop and search for prohibited fireworks

252.The Fireworks Regulations 2004 (SI no. 2004/1836), which were made under the Fireworks Act 2003, make it an offence, subject to certain exceptions, for persons under the age of 18 to possess adult fireworks in public places, and for any person to possess category 4 fireworks (professional display fireworks). This section amends section 1 of PACE to provide the police with the power to stop and search in respect of these two offences. Where any prohibited fireworks are found as a result of a search, the constable conducting the search will be able to seize the fireworks in question. The use of the power will be governed by the procedures and safeguards set out in PACE Code A (Exercise by police officers of statutory powers of stop and search).

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