The Pyrotechnic Articles (Safety) Regulations 2010

Interpretation

2.—(1) In these Regulations—

the “Act” means the Consumer Protection Act 1987;

the “1974 Act” means the Health and Safety at Work etc. Act 1974(1);

“category”, in relation to a pyrotechnic article, means a category of pyrotechnic article referred to in Schedule 1;

“CE marking” means the CE marking applied in accordance, as the case may be, with regulation 12 or 29;

“the Directive” means Directive 2007/23/EC on the placing on the market of pyrotechnic articles(2);

“distributor” means a person in the supply chain, other than a manufacturer or an importer, who makes a pyrotechnic article available on the market in the course of that person’s business;

“enforcement authority” means—

• in Great Britain, within its area, a weights and measures authority; and

• in Northern Ireland, within its area, a district council;

“firework” means a pyrotechnic article intended for entertainment purposes;

“harmonised standard” means a European standard adopted by a European standardisation body under a mandate from the European Commission in conformity with the procedures laid down in Directive 98/34/EC(3) and with which compliance is not compulsory;

“importer” means a person established in the EU who makes a pyrotechnic article originating from a third country available on the EU market for the first time in the course of that person’s business;

“manufacturer” means a person who designs or manufactures a pyrotechnic article, or who causes such an article to be designed and manufactured, with a view to—

• first making it available on the EU market, and

• its distribution and use, distribution or use, whether for payment or free of charge,

under the name or trademark of that person;

“notified body” means a body (including a UK notified body) notified to the European Commission under Article 10 of the Directive to carry out conformity assessment procedures referred to in Article 9 of the Directive;

“other pyrotechnic article” means a pyrotechnic article falling within paragraph 3 of Schedule 1 (categories of pyrotechnic articles), including pyrotechnic articles for vehicles;

“person with specialist knowledge” means a person falling within regulation 42 (persons with specialist knowledge);

“pyrotechnic article” means any article containing explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects through self-sustained exothermic chemical reactions;

“pyrotechnic articles for vehicles” means components of safety devices in vehicles which contain pyrotechnic substances used to activate these or other devices;

“supply” includes offering to supply, agreeing to supply, exposing for supply and possession for supply, and related expressions shall be construed accordingly;

“theatrical pyrotechnic article” means a pyrotechnic article falling within paragraph 2 of Schedule 1 (categories of pyrotechnic articles) designed for indoor or outdoor stage use, including film and television productions or similar use; and

“UK notified body” means a body appointed to carry out the conformity assessment procedures and any other tasks for which it is appointed under regulation 43.