The Pyrotechnic Articles (Safety) Regulations 2010

Regulation 2(1)

SCHEDULE 1Categories of pyrotechnic articles

1.  In relation to fireworks—

(a)category 1 is a category of fireworks which present a very low hazard and negligible noise level and which are intended for use in confined areas, including fireworks which are intended for use inside domestic buildings;

(b)category 2 is a category of fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas;

(c)category 3 is a category of fireworks which present a medium hazard, which are intended for outdoor use in large open areas and whose noise level is not harmful to human health;

(d)category 4 is a category of fireworks which present a high hazard, which are intended for use only by persons with specialist knowledge (commonly known as fireworks for professional use) and whose noise level is not harmful to human health.

2.  In relation to theatrical pyrotechnic articles—

(a)category T1 is a category of pyrotechnic articles for stage use which present a low hazard;

(b)category T2 is a category of pyrotechnic articles for stage use which are intended for use only by persons with specialist knowledge.

3.  In relation to other pyrotechnic articles—

(a)category P1 is a category of pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which present a low hazard;

(b)category P2 is a category of pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which are intended for handling or use only by persons with specialist knowledge.

Regulation 6 and 23

SCHEDULE 2Essential Safety Requirements

Essential safety requirements

1.—(1) Each pyrotechnic article must attain the performance characteristics specified by the manufacturer to the UK notified body or a body notified to the European Commission under Article 10 of the Directive in order to ensure maximum safety and reliability.

(2) Each pyrotechnic article must be designed and manufactured in such a way that it can be disposed of safely by a suitable process with minimum effect on the environment.

(3) Each pyrotechnic article must function correctly when used for its intended purpose.

Each pyrotechnic article must be tested under realistic conditions. If this is not possible in a laboratory, the tests must be carried out under the conditions in which the pyrotechnic article is to be used.

The following information and properties, where applicable, must be considered or tested:

(a)design, construction and characteristic properties, including detailed chemical composition (mass and percentage of substances used) and dimensions;

(b)the physical and chemical stability of the pyrotechnic article in all normal, foreseeable environmental conditions;

(c)sensitivity to normal, foreseeable handling and transportation;

(d)compatibility of all components as regards their chemical stability;

(e)resistance of the pyrotechnic article to moisture where it is intended to be used in humid or wet conditions and where its safety or reliability may be adversely affected by moisture;

(f)resistance to low and high temperatures, where the pyrotechnic article is intended to be kept or used at such temperatures and its safety or reliability may be adversely affected by cooling or heating of a component or of the pyrotechnic article as a whole;

(g)safety features intended to prevent untimely or inadvertent initiation or ignition;

(h)suitable instructions and, where necessary, markings in respect of safe handling, storage, use (including safety distances) and disposal in the official language or languages of the recipient Member State;

(i)the ability of the pyrotechnic article, its wrapping or other components to withstand deterioration under normal, foreseeable storage conditions;

(j)specification of all devices and accessories needed and operating instructions for safe functioning of the pyrotechnic article.

During transportation and normal handling, unless specified by the manufacturer’s instructions, the pyrotechnic articles should contain the pyrotechnic composition.

(4) Pyrotechnic articles must not contain—

(a)commercial blasting agents, except for black powder or flash composition;

(b)military explosives.

(5) The various groups of pyrotechnic articles must at least also comply with the following requirements.

A. Fireworks

2.—(1) The manufacturer or, where regulation 7(1)(b) or regulation 24(1)(b) applies, the importer must assign fireworks to different categories according to, as the case may be, regulation 4(1) or 4(3) characterised by net explosive content, safety distances, noise level, or similar. The category must be clearly indicated on the label.

(2) For category 1 fireworks, the following conditions must be met—

(a)the safety distance must be at least 1 metre. However, where appropriate, the safety distance may be less;

(b)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance;

(c)category 1 must not comprise bangers, banger batteries, flash bangers and flash banger batteries;

(d)throwdowns in category 1 must not contain more than 2.5 mg of silver fulminate.

(3) For category 2 fireworks, the following conditions must be met—

(a)the safety distance must be at least 8 metres. However, where appropriate, the safety distance may be less;

(b)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance.

(4) For category 3 fireworks, the following conditions must be met—

(a)the safety distance must be at least 15 metres. However, where appropriate the safety distance may be less;

(b)the maximum noise level must not exceed 120 dB (A, imp), or an equivalent noise level as measured by another appropriate method, at the safety distance.

(5) Fireworks may only be constructed of materials which minimise risk to health, property and the environment from debris.

(6) The method of ignition must be clearly visible or must be indicated by labelling or instructions.

(7) Fireworks must not move in an erratic and unforeseeable manner.

(8) Fireworks of category 1, 2 and 3 must be protected against inadvertent ignition either by a protective cover, by the packaging, or by the construction of the article. Fireworks of category 4 must be protected against inadvertent ignition by methods specified by the manufacturer.

B. Other pyrotechnic articles

3.—(1) Pyrotechnic articles must be designed in such a way as to minimise risk to health, property and the environment during normal use.

(2) The method of ignition must be clearly visible or must be indicated by labelling or instructions.

(3) The pyrotechnic article must be designed in such a way as to minimise risk to health, property and the environment from debris when initiated inadvertently.

(4) Where appropriate, the pyrotechnic article must function properly until the ‘use by’ date specified by the manufacturer.

C. Ignition devices

4.—(1) Ignition devices must be capable of being reliably initiated and be of sufficient initiation capability under all normal, foreseeable conditions of use.

(2) Ignition devices must be protected against electrostatic discharge under normal, foreseeable conditions of storage and use.

(3) Electric igniters must be protected against electromagnetic fields under normal, foreseeable conditions of storage and use.

(4) The covering of fuses must be of adequate mechanical strength and adequately protect the explosive filling when exposed to normal, foreseeable mechanical stress.

(5) The parameters for the burning times of fuses must be provided with the article.

(6) The electrical characteristics (for example, no-fire current, resistance) of electric igniters must be provided with the article.

(7) The wires of electric igniters must be sufficiently insulated and must be of sufficient mechanical strength, including the solidity of the link to the igniter, taking account of their intended use.

Regulation 21

SCHEDULE 3Definitions of fireworks in regulation 21

For the purposes of regulation 21 the following expressions mean—

“aerial wheel” means tubes containing propellant charges and sparks, flame or noise-producing pyrotechnic composition (or all three), the tubes being fixed to a supporting structure, the principal effect of which is rotation and ascent, with emission of sparks and flames, producing a visual or aural effect (or both) in the air;

“banger” means a firework (other than a firework falling within regulation 21(1)(g)(i)(type of shot tube))—

• which comprises a non-metallic tube which contains pyrotechnic composition and has a fuse; and

• whose functioning principally involves report;

“battery” means an assembly which includes two or more fireworks of the same type;

“combination” means an assembly, other than a battery, which includes two or more fireworks;

“double banger” means a firework (other than a firework falling within regulation 21(1)(g)(i)(type of shot tube))—

• which comprises a non-metallic tube containing two portions of pyrotechnic composition connected by a delay fuse; and

• whose functioning principally involves one report, followed by ascent and a further report;

“flash banger” means a firework (other than a firework falling within regulation 21(1)(g)(i)(type of shot tube))—

• which comprises a non-metallic tube containing metal-based pyrotechnic composition; and

• whose functioning principally involves report and a flash of light;

“jumping cracker” means a paper tube containing black powder, folded back on itself several times and bound together, the principal effect of which is reports in succession with jumping motions;

“jumping ground spinner” means a non-metallic tube containing gas and sparks producing pyrotechnic composition, with or without whistling pyrotechnic composition, the principal effect of which is rotation on the ground frequently interrupted by a jumping motion and emission of sparks and flame, with or without an aural effect (other than report);

“mini-rocket” means a firework which is designed so that, on functioning, it propels itself into the air and which comprises a body or motor—

• which contains pyrotechnic composition or pyrotechnic units; and

• the outside diameter of which, at the point where the diameter is greatest, is less than 12 millimetres; or

• if equipped with a stick or sticks for the purposes of stabilising its flight—

  • where the firework is intended to be supplied singly, whose overall length (including the length of any such sticks) is less than 900 millimetres or (not including the length of any such sticks) is less than 195 millimetres; or

  • where the firework is intended to be supplied in a primary pack, whose overall length (including the length of any such stick or sticks) is less than 400 millimetres or (not including the length of any such stick or sticks) is less than 125 millimetres; or

  • where the firework is intended to be supplied in a selection pack, whose overall length (including the length or any such stick or sticks) is less than 300 millimetres; or

• if not equipped with a stick or sticks for the purposes of stabilising its flight—

  • whose overall length is less than 300 millimetres; and

  • is intended to be supplied singly or in a primary pack;

“primary pack” means a package of fireworks of the same type, all of which are either category 1, 2 or 3 fireworks, which is intended to be offered for retail sale as a single unit;

“selection pack” means a package of fireworks of more than one type intended to be offered for retail sale as a single unit;

“shot tube” means a tube containing propellant charge and a pyrotechnic unit, with or without a transmitting fuse, the principal effect of which is the ejection of the pyrotechnic unit producing a visual and/or aural effect in the air;

“spinner” means a tube containing pyrotechnic composition, with or without aerofoils attached, the principal effect of which is rotation and ascent with the emission of sparks, flames or both, with or without aural effect (other than report);

“wheel” means an assembly—

• which includes a tube or tubes containing pyrotechnic composition;

• which is designed to be attached to a support and to rotate about a fixed point or axis and which is provided with a means of attaching it securely to such a support so that it can so rotate; and

• whose functioning involves rotation around a fixed point and the emission of sparks and flames, with or without aural effect.

Regulation 18 and 37

SCHEDULE 4Enforcement powers under Part 3

Powers of Health and Safety Executive

1.—(1) In relation to the enforcement of regulation 4(3) and of Part 3 by the Health and Safety Executive—

(a)sections 19 to 28, 33 to 35, 38, 39, 41 and 42 of the 1974 Act shall apply as modified by paragraph 2; and

(b)sections 36(1) and (2) and 37 of that Act shall apply in relation to offences under section 33 as modified by paragraph 2.

(2) The application of section 33 (and Schedule 3A) by paragraph (1) is subject to a penalty on summary conviction being no more than 3 months’ imprisonment or a fine of level 5 on the standard scale.

2.  For the purposes of the enforcement of these Regulations by the Health and Safety Executive the provisions specified in paragraph 1 shall apply as if—

(a)references to “relevant statutory provisions” were references to those provisions as modified by this paragraph and to these Regulations;

(b)references to an “enforcing authority” were references to the Health and Safety Executive;

(c)reference to the “field of responsibility” of an enforcing authority, however expressed, were omitted;

(d)in section 20, subsection (3) were omitted;

(e)section 22, as well as permitting an inspector to serve a prohibition notice in the circumstances specified in section 22(2), permitted an inspector to serve a prohibition notice in any case where—

(i)a manufacturer, or where regulation 24(1)(b) applies, an importer, has failed to comply with the requirements of these Regulations in relation to the CE marking; and

(ii)the manufacturer or importer, as the case may be, has been served with an improvement notice under section 21 in respect of that failure and has continued to fail to comply after the period for remedying the contravention specified in the improvement notice;

(f)in section 23, subsections (3), (4) and (6) were omitted;

(g)in section 33, in subsection (1), the whole of paragraphs (a) to (d) were omitted;

(h)in section 34—

(i)paragraphs (a) and (b) of subsection (1) were omitted; and

(ii)in subsection (3) for “six months” there were substituted “twelve months”; and

(i)in section 42, subsections (3A), (4) and (5) were omitted.

Withdrawal notices

3.—(1) Subject to regulation 36(6) (presumption of conformity for CE marked articles) and 38 (requirements regarding prohibitions, restrictions and withdrawals), where the Health and Safety Executive or the Secretary of State, as the case may be, believes a pyrotechnic article—

(a)in relation to which a manufacturer or, where regulation 24(1)(b) applies, an importer contravenes regulation 4(3) (categorisation) or in relation to which regulation 4(4) is contravened, or

(b)falling within Part 3 of the regulations,

is liable to endanger the health and safety of persons the Health and Safety Executive or the Secretary of State may serve a notice (“a withdrawal notice”) requiring the person on whom it is served to take measures aimed at preventing a pyrotechnic article in the supply chain from being supplied, without its consent.

(2) A withdrawal notice may require the person on whom it is served to take action to alert consumers to the risks that the pyrotechnic article presents.

(3) A withdrawal notice may require the person on whom it is served to keep the Health and Safety Executive or the Secretary of State informed of the whereabouts of any pyrotechnic article referred to in the notice in which the person on whom it is served has an interest.

(4) A consent given by the Health and Safety Executive or the Secretary of State for the purposes of paragraph (1) may impose such conditions on the supply of a pyrotechnic article for which the consent is required as the Health and Safety Executive or the Secretary of State considers appropriate.

Supplementary provisions relating to withdrawal notices

4.—(1) A withdrawal notice shall have effect throughout the United Kingdom.

(2) Where the Health and Safety Executive or the Secretary of State serves a withdrawal notice in respect of a pyrotechnic article, the Health and Safety Executive or the Secretary of State shall be liable to pay compensation to a person having an interest in the article in respect of any loss or damage suffered by reason of the notice if—

(a)the pyrotechnic article was not an article which contravened regulation 4(3), (4) or a provision in Part 3 of these Regulations nor an article which was liable to endanger the health and safety of persons; and

(b)the exercise by the Health and Safety Executive or the Secretary of State of the power to serve the withdrawal notice was not attributable to any neglect or default by that person.

(3) Subject to regulation 36(6) (presumption of conformity for CE marked articles) and 38 (requirements regarding prohibitions, restrictions and withdrawals), the Health and Safety Executive or the Secretary of State may revoke a withdrawal notice which that person has served.

(4) Subject to regulation 36(6) (presumption of conformity for CE marked articles) and 38 (requirements regarding prohibitions, restrictions and withdrawals), the Health and Safety Executive or the Secretary of State may vary a withdrawal notice which that person has served, provided it is not made more restrictive for the person on whom it is served or more onerous for that person to comply with.

(5) Where the conditions for serving a withdrawal notice are satisfied and either—

(a)the Health and Safety Executive or the Secretary of State, as the case may be, has been unable to identify any person on whom to serve such a notice; or

(b)the person on whom such a notice has been served has failed to comply with it,

(c)then the Health and Safety Executive or the Secretary of State may instead take such action as could have been required by a withdrawal notice.

(6) Where the Health and Safety Executive or the Secretary of State has exercised powers under paragraph (5) to take action following the failure of the person on whom the withdrawal notice has been served to comply with that notice, the Health and Safety Executive or the Secretary of State may if considered appropriate recover from that person summarily as a civil debt, any costs or expenses reasonably incurred by the Health and Safety Executive or the Secretary of State in undertaking the action under paragraph (5).

(7) A civil debt recoverable under the preceding paragraph may be recovered—

(i)in England and Wales by way of complaint (pursuant to section 58 of the Magistrates’ Courts Act 1980(1),

(ii)in Northern Ireland in proceedings under Article 62 of the Magistrate’s Court (Northern Ireland) Order 1981(2).

Appeals against withdrawal notices

5.—(1) A person on whom a withdrawal notice has been served and a person having an interest in a pyrotechnic article in respect of which a withdrawal notice has been served may, before the end of the period of 21 days beginning with the day on which the notice was served, apply for an order to vary or set aside the terms of the notice.

(2) On an application under paragraph (1) the appropriate court shall make an order setting aside the notice only if satisfied that—

(a)the pyrotechnic article was not an article liable to endanger the health and safety of persons, or

(b)where applicable, regulation 38(1) (requirements regarding prohibitions etc) has not been complied with by, as the case may be, the Health and Safety Executive or the Secretary of State.

(3) On an application to vary the terms of a notice the appropriate court may vary the requirements specified in the notice as it considers appropriate.

(4) The appropriate court for the purposes of this paragraph is—

(a)the court in England and Wales or Northern Ireland in which proceedings have been brought in relation to the pyrotechnic article for—

(i)contravention of a provision of these Regulations;

(ii)an offence imposed by these Regulations;

(b)the employment tribunal seized of appeal proceedings against a notice which relates to the pyrotechnic article and which has been served under or by virtue of paragraph 1 of Schedule 4; or

(c)in any other case, a magistrates’ court in England and Wales or Northern Ireland, or in Scotland a sheriff for any sheriff court district in which a withdrawal notice has been served on a person.

(5) A person aggrieved by an order made pursuant to an application under paragraph (1) by a magistrates’ court in England, Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—

(a)in England and Wales, to the Crown Court;

(b)in Northern Ireland, to the county court.

(6) A person aggrieved by an order made by an employment tribunal pursuant to an application under paragraph (1) or by a decision of an employment tribunal not to make such an order, may—

(a)appeal against that order or decision in England and Wales to the High Court on a point of law in accordance with section 11(1) of the Tribunals and Inquiries Act 1992(3);

(b)seek review of the order or decision by the employment tribunal in accordance with Rules 34 to 36 of the Employment Tribunal Rules.

(7) For the purposes of this paragraph, “Employment Tribunal Rules” means the rules set out in Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(4), as modified by the provisions of Schedule 4 to those Regulations.

Offence of contravening a withdrawal notice

6.—(1) A person who contravenes a withdrawal notice is guilty of an offence and liable on summary conviction to—

(a)imprisonment for a term not exceeding three months; or

(b)a fine not exceeding level 5 on the standard scale.

Regulation 49(11)

SCHEDULE 5Revocations and amendments of provisions of the Explosives (Fireworks) Regulations (Northern Ireland) 2002

Revocations and amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002

1.  The Explosives (Fireworks) Regulations (Northern Ireland) 2002(5) are revoked or amended as provided in this Schedule.

Revocations

2.—(1) In regulation 2 (interpretation), the following definitions are omitted—

(a)“air bomb”;

(b)“another member State”;

(c)“assembly”;

(d)“aural effect”;

(e)“banger”;

(f)“BS7114”;

(g)“category 4 firework”;

(h)“competent authority”;

(i)“firework of erratic flight”;

(j)“mini-rocket”; and

(k)“visual effect”.

(2) In regulation 4 (prohibition on possession, purchase, sale, acquisition, handling or use for fireworks), paragraph (2) is omitted.

(3) Regulation 5 (exemption for special effects purposes) is omitted.

(4) Regulation 8 (labelling requirements) is omitted.

(5) In regulation 9 (fireworks exempt from prohibition)—

(a)paragraph (a) from “or their equivalents” to the end is omitted;

(b)paragraph (c) is omitted.

(6) In regulation 13 (offences) “, 8” is omitted.

Amendments

3.—(1) In regulation 2, for the definition of “category 1 firework” substitute—

““category 1 firework” means a firework falling within the description in paragraph 1(a) of Schedule 1 to the Pyrotechnic Articles (Safety) Regulations 2010.”.

(2) In regulation 2, for the definition of “category 2 firework” substitute—

““category 2 firework” means a firework falling within the description in paragraph 1(b) of Schedule 1 to the Pyrotechnic Articles (Safety) Regulations 2010;

“category 3 firework” means a firework falling within the description in paragraph 1(c) of Schedule 1 to the Pyrotechnic Articles (Safety) Regulations 2010.”.

(3) In regulation 2, for the definition of “firework” substitute—

““firework” has the meaning given in regulation 2 of the Pyrotechnic Articles (Safety) Regulations 2010.”.

(4) In regulation 9—

(a)it becomes paragraph (1) of regulation 9;

(b)after paragraph (1) is inserted

“(2) In paragraph (1), “classified” has the meaning assigned to it by the Classification and Labelling of Explosives Regulations (Northern Ireland) 1991.”.(6)

(5) In regulation 11, in paragraph (1) for the words “It is illegal to sell fireworks to anyone under the age of 16” substitute “It is illegal to sell category 1 fireworks to anyone under the age of 16 and category 2 and 3 fireworks to anyone under the age of 18”.

(6) For Schedule 1 (fireworks exempt from the provisions of regulation 4(1)) substitute—

“1.  Category 1 fireworks.

2.  Sparklers in category 2.”.

(7) For Schedule 2 (fireworks to which the provisions of section 1(1) and (2) of the Explosives Act (Northern Ireland) 1970 do not apply) substitute (leaving the title of the Schedule unchanged)—

“1.  Category 1 fireworks.

2.  Category 2 fireworks if the total weight of fireworks does not exceed 900 kilograms.

3.  Fireworks which comply with the Pyrotechnic Articles (Safety) Regulations 2010.”.