The Fireworks (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Fireworks Regulations 2004 (“the principal Regulations”). These Regulations do not extend to Northern Ireland and regulation 2 does not extend to Scotland.

Regulation 2 amends regulations 7(3)(b) of the principal Regulations to make it clear that, notwithstanding the prohibition on the use of fireworks after 11pm, fireworks may be used until midnight on the night of 5th November.

Regulation 3 amends regulation 9 of the principal Regulations to provide that (subject to the exceptions in regulation 9) the supply of fireworks is prohibited unless either the person supplying the fireworks or the premises from which the fireworks are supplied are licensed. Regulation 3 adds further exceptions to this prohibition in cases where fireworks are supplied to other fireworks suppliers, professional organisers or operators of fireworks displays or those who transport fireworks in the course of their trade, business or employment. The annual fee for a licence issued under regulation 9 is fixed at £500.

Regulation 4 amends regulation 10 of the principal Regulations to reflect the prohibition on the supply of sparklers (which are not “adult fireworks” for the purposes of the principal Regulations) to those under eighteen under the Fireworks (Safety) Regulations 1997. It also modifies the dimensions of the notice required to be displayed in premises where adult fireworks and sparklers are supplied. Regulation 4 also adds a requirement that suppliers of adult fireworks keep, for three years after supplying such fireworks, records of the information which they may be required to supply to a local licensing authority.

Regulation 5 amends regulation 12 of the principal Regulations in relation to the licensing enforcement duty.

A Regulatory Impact Assessment is available, copies of which have been placed in the libraries of both Houses of Parliament. Copies are available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, Room 573, 1 Victoria Street, London SW1H 0ET.