The Pyrotechnic Articles (Safety) Regulations 2010

Repeals, revocations, amendments and savings

49.—(1) In section 31 of the Explosives Act 1875(1)(penalty for sale of gunpowder to children), which becomes subsection (1) of that section, at the end insert—

“(2) On and after 4 July 2010, subsection (1) does not apply to—

(a)category 1, 2 or 3 fireworks; or

(b)percussion caps.

(3) On and after 4 July 2013, subsection (1) does not apply to—

(a)category 4 fireworks,

(b)category T1 or T2 theatrical pyrotechnic articles, or

(c)category P1 or P2 other pyrotechnic articles.

(4) The references to categories of fireworks, theatrical and other pyrotechnic articles are to be construed in accordance with Directive 2007/23/EC of the European Parliament and of the Council of 23 May 2007 on the placing on the market of pyrotechnic articles.

(5) The reference to percussion caps is a reference to percussion caps intended specifically for toys falling within the scope of Council Directive 88/378/EEC of 3 May 1988 on the approximation of the laws of the Member States concerning the safety of toys.”

(2) Subject to paragraph (13), sections 5 and 6 of, and the Schedule to, the Fireworks Act 1951(2) (marking of fireworks, etc.) are repealed.

(3) Subject to paragraph (13), the Fireworks Act 1964(3) (exemption of fireworks for export from marking requirements) is repealed.

(4) Subject to paragraph (13), in regulation 3 of the Classification and Labelling of Explosives Regulations 1983 after paragraph (3) insert—

“(4) Pyrotechnic articles which comply with the labelling requirements of the Pyrotechnic Articles (Safety) Regulations 2010 satisfy the labelling requirements for inner packaging imposed by these Regulations.

(5) For the purposes of paragraph (4) the expression “pyrotechnic article” has the meaning given in regulation 2 of the Pyrotechnic Articles (Safety) Regulations 2010.”.

(5) Subject to paragraph (13), in regulation 3 of the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991 after paragraph (3) insert—

“(4) Pyrotechnic articles which comply with the labelling requirements of the Pyrotechnic Articles (Safety) Regulations 2010 satisfy the labelling requirements for inner packaging imposed by these Regulations.

(5) For the purposes of paragraph (4) the expression “pyrotechnic article” has the meaning given in regulation 2 of the Pyrotechnic Articles (Safety) Regulations 2010.”.

(6) Subject to paragraphs (12) and (13), the Fireworks (Safety) Regulations 1997(4) are revoked.

(7) Subject to paragraphs (12) and (13), the Fireworks (Safety)(Amendment) Regulations 2004(5) are revoked.

(8) Subject to paragraph (13), in the Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2003(6), in Part 1 of the Schedule—

(a)omit the entry referring to the Explosives Act 1875,

(b)omit the entry referring to the Fireworks (Safety) Regulations 1997, and

(c)in the appropriate place, insert in the first column “Pyrotechnic Articles (Safety) Regulations 2010” and opposite it in the second column, insert “Regulation 15 (prohibition on supply of category 1 fireworks to persons under 16 years and category 2 or 3 fireworks to persons under 18 years).”.

(9) Subject to paragraph (13), in the Enterprise Act 2002 (Part 8 Notice to OFT of Intended Prosecution Specified Enactments, Revocation and Transitional Provision) Order 2003(7) in the Schedule—

(a)for the entry referring to the Consumer Protection Act 1987 in the second column for “Fireworks (Safety) Regulations 1997” substitute “Pyrotechnic Articles (Safety) Regulations 2010”;

(b)omit the entry referring to the Fireworks (Safety) Regulations 1997;

(c)in the appropriate place, insert in the first column “Pyrotechnic Articles (Safety) Regulations 2010” and opposite it in the second column insert “Regulation 15 (prohibition on supply of category 1 fireworks to persons under 16 years and category 2 or 3 fireworks to persons under 18 years)”.

(10) Subject to paragraph (13), in the Fireworks Regulations 2004(8)—

(a)for the definition of “the 1997 Regulations” substitute ““the 2010 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2010””; and

(b)in paragraph (1)(c) of regulation 6 and paragraphs (2A)(a) and (5)(b) of regulation 9 for “1997 Regulations” substitute “2010 Regulations”; and

(c)omit regulation 8 (prohibition of supply of excessively loud category 3 fireworks).

(11) Subject to paragraph (12) and (13), the provisions of the Explosives (Fireworks) Regulations (Northern Ireland) 2002(9) set out in Schedule 5 are, as the case may be, amended or revoked.

(12) The regulations referred to in paragraphs (6), (7) and (11) continue to apply to category 4 fireworks as they did immediately before their amendment or revocation, as the case may be, for all purposes until 4th July 2013.

(13) The provisions referred to in paragraphs (2) to (11) (save for regulations 4, 5 and 6 of the Fireworks (Safety) Regulations 1997 and regulation 11 of the Explosives (Fireworks) Regulations (Northern Ireland) 2002) continue to apply as they did immediately before their repeal, revocation or amendment for all purposes in relation to fireworks falling within regulation 46 or category 4 fireworks falling within regulation 47(1).

(14) Paragraph (13) applies to a theatrical pyrotechnic article or an other pyrotechnic article falling within regulation 47 that amounts to a firework.