Relevant or Related Legislation:

The Fireworks Act 2003, The Fireworks Regulations 2004 (as amended), The Fireworks (Safety) Regulations 1997 (as amended)

Current Position:

In response to public concern about the use of fireworks, particularly with regard to their anti-social use, the Government supported a Private Members Bill which was passed by Parliament in September 2003. The Fireworks Act 2003 enables the Secretary of State to make regulations to control the importation, supply, possession and use of fireworks.

Since the passing of this legislation, the Government has introduced a package of new measures (described in more detail below) under both the Fireworks Act 2003 and the Consumer Protection Act 1987.

Key Facts:

The Fireworks Regulations 2004, made under the Fireworks Act 2003, introduced a comprehensive package of measures including:

- Making permanent the Fireworks Regulations 2003 (Emergency Regulations).

Those Regulations made it an offence to:

- possess adult fireworks (all fireworks except party poppers and sparklers, etc.) in a public place by anyone under the age of 18;

- possess category 4 fireworks (professional display fireworks) by anyone other than a fireworks professional.

Requiring suppliers that sell adult fireworks all year round to be licensed - thereby reducing the availability of fireworks outside the traditional period of use. Those periods where sale without a licence is permitted are:

- November 5 (15 October to 10 November);

- New Year's Eve (December 26 to 31 December);

- Chinese New Year (the day of Chinese New Year and 3 days immediately before);

- Diwali (the day of Diwali and 3 days immediately before).

Note: This came into force on 1 January 2005 - the benefits of this measure willtherefore be felt particularly during the 2005 fireworks season onwards. The creation of a curfew on the use of adult fireworks - between 11pm and 7am (in line with the Noise Act 1996), with the exception of the following nights where the curfew will begin at different times:

- November 5th - 12 midnight;

- New Years Eve - lam;

- Chinese New Year - lam;

- Diwali night - lam.

The imposition of a maximum decibel limit, 120 decibels - on all category 3 fireworks.

Requiring suppliers of fireworks to display a sign informing customers that:

- It is illegal to supply adult fireworks and sparklers to anyone under the age of 18

- It is illegal for anyone under the age of 18 to possess adult fireworks in a public place.

Giving licensing authorities the power to request information from suppliers about transactions of fireworks over 50 kg of explosive content, such as:

- To whom they have supplied;

- Where they obtained the fireworks

- The exact weight of the transaction

Importers of fireworks to supply information, at the point of entry, as to the destination (first point(s) of call) of their consignments to help ensure they are destined for legal storage and distribution.

Note: This came into force on 1 January 2005 - the benefits of this measure will therefore be felt particularly during 2005 fireworks season onwards.

The Fireworks (Safety) (Amendment) Regulations 2004 amend the Fireworks (Safety) Regulations 1997 (see below) and consist of the following measures:

Enshrining in law the fireworks industry's ban on the supply of air bombs to the general public

Placing stricter controls on rockets by redefining "mini-rockets" (which are prohibited under the 1997 Regulations) to include a broader range of products

Encouraging suppliers of fireworks to be more diligent when selling fireworks to customers whose age may be ambiguous i.e. asking for age verifying identification.

Furthermore, the Fireworks (Safety) Regulations 1997, made under the Consumer Protection Act 1987, achieve the following with regard to fireworks:

Ban supply of aerial shells, aerial maroons, shells-in-mortar and maroons-in-mortar, bangers, mini-rockets and fireworks of erratic flight (e.g. squibs, jumping crackers, helicopters) to the public

Ban supply to the public of some large and powerful fireworks (Note: these fireworks can continue to be supplied to people who are in the business as a professional organiser or professional operator of firework displays)

Set 18 as the minimum age for purchasing fireworks (apart from certain fireworks such as caps, cracker snaps and party poppers which can be supplied to persons 16 and over)

Require ail fireworks on sale to the public to comply with the British Standard BS 7114 - which governs the safe construction, testing and labelling of fireworks.