Statutory Instruments
2004 No. 1372
CONSUMER PROTECTION
The Fireworks (Safety) (Amendment) Regulations 2004
Made
17th May 2004
Laid before Parliament
18th May 2004
Coming into force
8th June 2004
Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 1987( 1 ), consulted such organisations as appear to her to be representative of interests substantially affected by these Regulations, such other persons as she considers appropriate and the Health and Safety Commission.
Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by section 11 of that Act hereby makes the following Regulations:
Citation, commencement and extent
1. —(1) These Regulations may be cited as the Fireworks (Safety) (Amendment) Regulations 2004 and, subject to regulation 4, shall come into force on 8th June 2004.
(2) These Regulations shall not extend to Northern Ireland.
Interpretation
2. In these Regulations “the 1997 Regulations” means the Fireworks (Safety) Regulations 1997 ( 2 ).
Amendment of the Fireworks (Safety) Regulations 1997
3. The 1997 Regulations are amended in accordance with the Schedule to these Regulations.
Saving for air bombs sold in selection packs
4. —(1) The amendments in the Schedule to these Regulations shall not prohibit the supply, on or before 3rd January 2005 and as part of a selection pack, of an air bomb whose supply was permitted by the 1997 Regulations before the coming into force of these Regulations.
(2) In paragraph (1), the expressions “air bomb”, “selection pack” and “supply” shall have the same meaning as in the 1997 Regulations.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
17th May 2004
Regulation 3
SCHEDULE Amendments to the Fireworks (Safety) Regulations 1997
1. —(1) Regulation 2 of the 1997 Regulations is amended as follows.
(2) For the definition of “air bomb” there is substituted—
“ “air bomb” means a Roman candle (or a combination which includes three or fewer roman candles) whose functioning comprises the ejection of eleven or fewer pyrotechnic units, and which contains any pyrotechnic unit designed to eject and burst and whose bursting charge is other than black powder and constitutes more than ten per cent of the pyrotechnic unit. ”
(3) For the definition of “mini-rocket” there is substituted—
“ “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 stick or sticks) is less than 900 millimetres or (not including the length of any such stick or 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 of 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. ”
2. —(1) Regulation 4(1) of the 1997 Regulations is amended as follows.
(2) In sub-paragraph (a) the word “or” is revoked.
(3) In sub-paragraph (b) after “mini-rocket” there is inserted “; or”
(4) After sub-paragraph (b) there is inserted—
“ (c) any air bomb. ”
3. —(1) Regulation 6 of the 1997 Regulations is amended as follows.
(2) In paragraph (1) the word “apparently” is revoked.
(3) In the cross heading the word “apparently” is revoked.
4. —(1) Schedule 2 to the 1997 Regulations is amended as follows.
(2) Paragraphs 1 and 2 are revoked.
5. —(1) Schedule 3 to the 1997 Regulations is amended as follows.
(2) Paragraph 1 is revoked.
S.I. 1997/2294 .