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Statutory Instruments

2015 No. 1553

Consumer Protection

Health And Safety

The Pyrotechnic Articles (Safety) Regulations 2015

Made

19th July 2015

Laid before Parliament

21st July 2015

Coming into force

17th August 2015

M1,M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to pyrotechnic articles, market surveillance and marking which indicates that a product is in conformity with requirements of EU legislation.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.

M3The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972:

PART 1Preliminary

Citation and commencement

1. These Regulations may be cited as the Pyrotechnic Articles (Safety) Regulations 2015 and come into force on 17th August 2015 (β€œthe commencement date”).

InterpretationE1

2.β€”(1) In these Regulationsβ€”

M4the β€œ1974 Act” means the Health and Safety at Work etc Act 1974 ;

M5the β€œ1987 Act” means the Consumer Protection Act 1987 , as it has effect on the commencement date;

M6the β€œ2010 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2010 ;

F1...

F2...

β€œaerial 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;

[F3β€œapproved body” has the meaning given to it in regulation 43;F3]

β€œbanger” means a firework (other than a firework within regulation 33(1)(g)(i) (prohibitions on making available certain category F2 and F3 fireworks))β€”

(a)

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

(b)

whose functioning principally involves report;

β€œbattery” means an assembly which includes two or more fireworks of the same type;

β€œcategory F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article);

β€œcategory F2 firework” has the meaning set out in paragraph 2 of Schedule 1;

β€œcategory F3 firework” has the meaning set out in paragraph 3 of Schedule 1;

β€œcategory F4 firework” has the meaning set out in paragraph 4 of Schedule 1;

β€œcategory P1 other pyrotechnic article” has the meaning set out in paragraph 7 of Schedule 1;

β€œcategory P2 other pyrotechnic article” has the meaning set out in paragraph 8 of Schedule 1;

β€œcategory T1 theatrical pyrotechnic article” has the meaning set out in paragraph 5 of Schedule 1;

β€œcategory T2 theatrical pyrotechnic article” has the meaning set out in paragraph 6 of Schedule 1;

F4...

β€œChristmas cracker” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube;

β€œcombination” means an assembly, other than a battery, which includes 2 or more fireworks;

F5...

β€œconformity assessment” means the process demonstrating whether the essential safety requirements relating to a pyrotechnic article have been fulfilled;

β€œconformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection;

[F6β€œdeclaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (declaration of conformity and UK marking);

the β€œDirective” means Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market of pyrotechnic articles (recast) M7,F7...;

β€œdesignated standard” has the meaning given to it in regulation 2A;F6]

β€œdistributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;

β€œdouble banger” means a firework (other than a firework falling with in regulation 33(1)(g)(i))β€”

(a)

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

(b)

whose functioning principally involves report and a flash of light;

β€œeconomic operator” means a manufacturer, importer or distributor;

β€œenforcing authority” means any person enforcing these Regulations under regulation 53 (enforcement), and, for these purposes, the Secretary of State is to be considered the person enforcing these Regulations where a person acts on the Secretary of State's behalf under regulation 53(5);

β€œessential safety requirements” means the requirements set out in Schedule 2 (essential safety requirements);

F8...

β€œEuropean Commission” means the Commission of the European Union;

β€œfirework” means a pyrotechnic article intended for entertainment purposes;

β€œflash banger” means a firework (other than a firework falling within regulation 33(1)(g)(i))β€”

(a)

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

(b)

whose functioning principally involves report and a flash of light;

F9...

[F10β€œimporter” means a person whoβ€”

(a)

is established in the United Kingdom and places a pyrotechnic article from a country outside of the United Kingdom on the market; or

(b)

is established in Northern Ireland and places a pyrotechnic article on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;F10]

β€œjumping 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;

β€œjumping 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);

β€œmake available on the market” means any supply for distribution, consumption or use on the [F11market of Great BritainF11] in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

β€œmanufacturer” means a person whoβ€”

(a)

manufactures a pyrotechnic article, or has such an article designed or manufactured; and

(b)

markets that pyrotechnic article under that person's name or trade mark;

β€œmarket surveillance authority” has the meaning set out in regulation 52 (designation of market surveillance authority);

β€œmini-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 andβ€”

(a)

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

(b)

if equipped with a stick for the purpose of stabilising its flightβ€”

(i)

where the firework is intended to be made available on the market singly, whose overall length (including the length of any such stick) is less than 900 millimetres or (not including the length of any such stick) is less than 195 millimetres; or

(ii)

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

(iii)

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

(c)

if not equipped with a stick for the purposes of stabilising its flightβ€”

(i)

whose overall length is less than 300 millimetres; and

(ii)

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

F12...

F13...

β€œperson with specialist knowledge” has the meaning set out in Schedule 4 (persons with specialist knowledge);

β€œplace on the market” means the first making available on the [F14market of Great BritainF14] , and related expressions must be construed accordingly;

β€œprimary pack” means a package of fireworks of the same type, all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks, which is intended to be offered for retail sale as a single unit;

β€œpyrotechnic article” has the meaning set out in regulation 3 (definition of β€œpyrotechnic article”);

β€œpyrotechnic article for a vehicle” means a pyrotechnic article which is a component of a safety device in a vehicle and which is used to activate that device or another device;

M8β€œRAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

β€œrecall” means taking any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user and related expressions must be construed accordingly;

F15...

β€œrelevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures);

β€œrelevant economic operator” means, in relation to a pyrotechnic article, an economic operator with obligations in respect of that pyrotechnic article under Part 2;

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

β€œshot 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 effect in the air, an aural effect in the air or both;

β€œsnap” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand;

β€œspinner” 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);

β€œtechnical documentation” has the meaning set out in regulation 8(b) (technical documentation and conformity assessment);

β€œtechnical specification” means a document that prescribes technical requirements to be fulfilled by a pyrotechnic article;

β€œtheatrical pyrotechnic article” means a pyrotechnic article designed for indoor or outdoor stage use, including use in film and television productions or similar use;

[F16β€œUK marking” means the marking in the form set out in Annex 2 of RAMS;

β€œUK registration number” means the number assigned to a pyrotechnic article by an approved body under paragraph 5(a) of Schedule 6 (operational obligations of approved bodies);

β€œUK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;F16]

M9β€œweights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;

β€œwheel” means an assemblyβ€”

(a)

which includes a tube or tubes containing pyrotechnic composition;

(b)

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 rotate; and

(c)

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

β€œwithdraw”, when used in relation to a pyrotechnic article, means taking any measure aimed at preventing a pyrotechnic article in the supply chain from being made available on the market and related expressions must be construed accordingly.

[F17(1A)Schedules 2A and 3A reproduce the provisions of Annexes II and III (respectively) to the Directive with amendments to correct deficiencies in [F18assimilatedF18] law.

(1B)A reference to a provision of Schedule 2A and 3A is a reference to the equivalent provision of the Annex to the Directive as set out in that Schedule.F17]

(2) In these Regulations, a reference to a pyrotechnic article being β€œin conformity with Part 2” means thatβ€”

(a)the pyrotechnic article is in conformity with the essential safety requirements; and

(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the pyrotechnic article available on the market.

F19(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In regulation 21(1) (monitoring), and paragraphs 2(5), 3(1) and 3(3) of Schedule 2 (essential safety requirements), β€œrisk” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, β€œrisk” means a riskβ€”

(a)which could arise from lawful and readily predictable human behaviour; and

(b)which may result in harm to any of the following interestsβ€”

(i)human health;

(ii)public security;

(iii)the safety of consumers;

(iv)the environment.

InterpretationE55

2.β€”(1) In these Regulationsβ€”

F148the β€œ1974 Act” means the Health and Safety at Work etc Act 1974 ;

F149the β€œ1987 Act” means the Consumer Protection Act 1987 , as it has effect on the commencement date;

F150the β€œ2010 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2010 ;

β€œaccreditation” has the meaning set out in point 10 of Article 2 of RAMS (as amended from time to time);

β€œaccreditation certificate” means a certificate, issued by the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) or a national accreditation body in another [F151relevant stateF151] , attesting that a conformity assessment body meets the notified body requirements;

β€œaerial 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;

β€œbanger” means a firework (other than a firework within regulation 33(1)(g)(i) (prohibitions on making available certain category F2 and F3 fireworks))β€”

(a)

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

(b)

whose functioning principally involves report;

β€œbattery” means an assembly which includes two or more fireworks of the same type;

β€œcategory F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article);

β€œcategory F2 firework” has the meaning set out in paragraph 2 of Schedule 1;

β€œcategory F3 firework” has the meaning set out in paragraph 3 of Schedule 1;

β€œcategory F4 firework” has the meaning set out in paragraph 4 of Schedule 1;

β€œcategory P1 other pyrotechnic article” has the meaning set out in paragraph 7 of Schedule 1;

β€œcategory P2 other pyrotechnic article” has the meaning set out in paragraph 8 of Schedule 1;

β€œcategory T1 theatrical pyrotechnic article” has the meaning set out in paragraph 5 of Schedule 1;

β€œcategory T2 theatrical pyrotechnic article” has the meaning set out in paragraph 6 of Schedule 1;

β€œCE marking” means a marking which takes the form set out in Annex II of RAMS (as amended from time to time);

β€œChristmas cracker” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube;

β€œcombination” means an assembly, other than a battery, which includes 2 or more fireworks;

β€œcompetent national authority” means an authority having responsibility for enforcing the law of a [F152relevant stateF152] which implements the Directive;

β€œconformity assessment” means the process demonstrating whether the essential safety requirements relating to a pyrotechnic article have been fulfilled;

F153β€œconformity assessment body” means a person that performs conformity assessment activities, including calibration, testing, certification and inspection; the β€œDirective” means Directive 2013/29/EU of the European Parliament and of the Council on the harmonisation of the laws of the member States relating to the making available on the market of pyrotechnic articles (recast) ;

β€œdistributor” means any person in the supply chain, other than the manufacturer or the importer, who makes a pyrotechnic article available on the market;

β€œdouble banger” means a firework (other than a firework falling with in regulation 33(1)(g)(i))β€”

(a)

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

(b)

whose functioning principally involves report and a flash of light;

β€œeconomic operator” means a manufacturer, importer or distributor;

β€œenforcing authority” means any person enforcing these Regulations under regulation 53 (enforcement), and, for these purposes, the Secretary of State is to be considered the person enforcing these Regulations where a person acts on the Secretary of State's behalf under regulation 53(5);

β€œessential safety requirements” means the requirements set out in Schedule 2 (essential safety requirements);

β€œEU declaration of conformity” means a declaration of conformity required to be drawn up in accordance with regulation 9(1)(a) (EU declaration of conformity and CE marking);

β€œEuropean Commission” means the Commission of the European Union;

β€œfirework” means a pyrotechnic article intended for entertainment purposes;

β€œflash banger” means a firework (other than a firework falling within regulation 33(1)(g)(i))β€”

(a)

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

(b)

whose functioning principally involves report and a flash of light;

F154β€œharmonised standard” has the meaning set out in point 1(c) of Article 2 of Regulation (EU) 1025/2012 of the European Parliament and of the Council on European standardisation (as amended from time to time);

β€œimporter” means any person whoβ€”

(a)

is established within the [F155relevant marketF155] ; and

(b)

places a pyrotechnic article from a [F156market outside of the relevant market on the relevant F156] market;

β€œjumping 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;

β€œjumping 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);

β€œmake available on the market” means any supply for distribution, consumption or use on the [F157relevantF157] market in the course of a commercial activity, whether in return for payment or free of charge, and related expressions must be construed accordingly;

β€œmanufacturer” means a person whoβ€”

(a)

manufactures a pyrotechnic article, or has such an article designed or manufactured; and

(b)

markets that pyrotechnic article under that person's name or trade mark;

β€œmarket surveillance authority” has the meaning set out in regulation 52 (designation of market surveillance authority);

β€œmini-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 andβ€”

(a)

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

(b)

if equipped with a stick for the purpose of stabilising its flightβ€”

(i)

where the firework is intended to be made available on the market singly, whose overall length (including the length of any such stick) is less than 900 millimetres or (not including the length of any such stick) is less than 195 millimetres; or

(ii)

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

(iii)

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

(c)

if not equipped with a stick for the purposes of stabilising its flightβ€”

(i)

whose overall length is less than 300 millimetres; and

(ii)

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

β€œnational accreditation body” has the meaning set out in point 11 of Article 2 of RAMS (as amended from time to time);

β€œnotified body requirements” means the requirements set out in Schedule 5 (notified body requirements);

β€œperson with specialist knowledge” has the meaning set out in Schedule 4 (persons with specialist knowledge);

β€œplace on the market” means the first making available on the [F158relevantF158] market, and related expressions must be construed accordingly;

β€œprimary pack” means a package of fireworks of the same type, all of which are either category F1 fireworks, category F2 fireworks or category F3 fireworks, which is intended to be offered for retail sale as a single unit;

β€œpyrotechnic article” has the meaning set out in regulation 3 (definition of β€œpyrotechnic article”);

β€œpyrotechnic article for a vehicle” means a pyrotechnic article which is a component of a safety device in a vehicle and which is used to activate that device or another device;

F159β€œRAMS” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;

β€œrecall” means taking any measure aimed at achieving the return of a pyrotechnic article that has already been made available to the end-user and related expressions must be construed accordingly;

F161β€œregistration number” means the number assigned to a pyrotechnic article by a notified body under paragraph 5(a) of Schedule 6 (operational obligations of notified bodies) or the laws of any other [F160relevant stateF160] which implement the Article 33(3) of the Directive (as amended from time to time) or Commission Implementing Directive 2014/58/EU setting up a system for the traceability of pyrotechnic articles (as amended from time to time);

β€œrelevant conformity assessment procedure” means a conformity assessment procedure referred to in regulation 40 (conformity assessment procedures);

β€œrelevant economic operator” means, in relation to a pyrotechnic article, an economic operator with obligations in respect of that pyrotechnic article under Part 2;

[F162β€œrelevant market” meansβ€”

(a)

the market in Northern Ireland; and

(b)

the market of the EEA states;

β€œrelevant state” meansβ€”

(a)

Northern Ireland; or

(b)

any EEA state;F162]

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

β€œshot 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 effect in the air, an aural effect in the air or both;

β€œsnap” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand;

β€œspinner” 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);

β€œtechnical documentation” has the meaning set out in regulation 8(b) (technical documentation and conformity assessment);

β€œtechnical specification” means a document that prescribes technical requirements to be fulfilled by a pyrotechnic article;

β€œtheatrical pyrotechnic article” means a pyrotechnic article designed for indoor or outdoor stage use, including use in film and television productions or similar use;

[F163β€œUK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;F163]

F164β€œweights and measures authority” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ;

β€œwheel” means an assemblyβ€”

(a)

which includes a tube or tubes containing pyrotechnic composition;

(b)

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 rotate; and

(c)

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

β€œwithdraw”, when used in relation to a pyrotechnic article, means taking any measure aimed at preventing a pyrotechnic article in the supply chain from being made available on the market and related expressions must be construed accordingly.

(2) In these Regulations, a reference to a pyrotechnic article being β€œin conformity with Part 2” means thatβ€”

(a)the pyrotechnic article is in conformity with the essential safety requirements; and

(b)each relevant economic operator has complied with the obligations imposed on them under Part 2 which must be satisfied at or before the time at which they make the pyrotechnic article available on the market.

(3) In these Regulations (except in Part 4 (notification of conformity assessment bodies) and Schedules 5 (notified body requirements) and 6 (operational obligations of notified bodies)), β€œnotified body” meansβ€”

(a)a notified body within the meaning set out in regulation 43 (notified bodies); or

(b)a notified body under the laws of any other [F165relevant stateF165] which implement the Directive.

(4) In regulation 21(1) (monitoring), and paragraphs 2(5), 3(1) and 3(3) of Schedule 2 (essential safety requirements), β€œrisk” means a risk which could arise from lawful and readily predictable human behaviour.

(5) In the other provisions of these Regulations, β€œrisk” means a riskβ€”

(a)which could arise from lawful and readily predictable human behaviour; and

(b)which may result in harm to any of the following interestsβ€”

(i)human health;

(ii)public security;

(iii)the safety of consumers;

(iv)the environment.

[F20Interpretation: designated standard

2A.β€”(1)Subject to paragraphs (6) and (7), in these Regulations a β€œdesignated standard” means a technical specification which isβ€”

(a)adopted by a recognised standardisation body[F21or an international standardising bodyF21], for repeated or continuous application, with which compliance is not compulsory; and

(b)designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate.

(2)For the purposes of paragraph (1), a β€œtechnical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the followingβ€”

(a)the characteristics required of a product, includingβ€”

(i)levels of quality, performance, interoperability, environmental protection, health, safety or dimensions; and

(ii)the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and

(b)production methods and processes relating to the product, where these have an effect on the characteristics of the product.

(3)For the purposes of this regulation a β€œrecognised standardisation body” means any one of the following organisationsβ€”

(a)the European Committee for Standardisation (CEN);

(b)the European Committee for Electrotechnical Standardisation (Cenelec);

(c)the European Telecommunications Standards Institute (ETSI);

(d)the British Standards Institution (BSI).

[F22(3A)In this regulation β€œinternational standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).F22]

(4)When considering whether the publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any persons who may have an interest in the standard.

(5)Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with [F23suchF23]technical specifications adopted by the other recognised standardisation bodies[F24or by international standardising bodies as the Secretary of State considers to be relevant.F24]

(6)The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).

(7)Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.

(8)In this regulation, a reference to a β€œproduct” is a reference to a pyrotechnic article to which these Regulations apply.

(9)The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.

(10)Regulations made under paragraph (9) are to be made by statutory instrument.

(11)A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.F20]

Definition of β€œpyrotechnic article”E2

3.β€”(1) In these Regulations, a β€œpyrotechnic article” is an article whichβ€”

(a)contains 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; and

(b)is not excluded by paragraph (2).

(2) The following articles are excluded from the definition in paragraph (1)β€”

(a)articles which have been placed on the market before the commencement date;

(b)articles intended for non-commercial use byβ€”

(i)the armed forces;

(ii)a police force in England and Wales;

(iii)the Police Service of Scotland;

(iv)the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve or the Northern Ireland Policing Board;

(v)the British Transport Police;

(vi)the Ministry of Defence Police Force;

(vii)the Civil Nuclear Constabulary;

(viii)a police force for a harbour, port, airport, park, garden or forest in the United Kingdom or with a specialised function in the United Kingdom;

(ix)the National Crime Agency;

(x)M10a fire and rescue service authority within the meaning of section 1 or a combined authority within the meaning of section 2 or 4 of the Fire and Rescue Services Act 2004 ;

(xi)the Scottish Fire and Rescue Service; or

(xii)the Northern Ireland Fire and Rescue Board;

(c)M11articles falling within the scope of Council Directive 96/98/EC on marine equipment ;

(d)articles intended for use in the aerospace industry;

(e)M12percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys ;

(f)M13explosives falling within the scope of Council Directive 93/15/EEC on the harmonization of the use of the provisions relating to the placing on the market of explosives for civil uses ;

(g)projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery; and

(h)fireworks whichβ€”

(i)are built by a manufacturer established in the United Kingdom;

(ii)are built for the manufacturer's own use; and

(iii)comply with the law applicable to such fireworks (excluding these Regulations).

Definition of β€œpyrotechnic article”E56

3.β€”(1) In these Regulations, a β€œpyrotechnic article” is an article whichβ€”

(a)contains 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; and

(b)is not excluded by paragraph (2).

(2) The following articles are excluded from the definition in paragraph (1)β€”

(a)articles which have been placed on the market before the commencement date;

(b)articles intended for non-commercial use byβ€”

(i)the armed forces;

(ii)a police force in England and Wales;

(iii)the Police Service of Scotland;

(iv)the Police Service of Northern Ireland, the Police Service of Northern Ireland Reserve or the Northern Ireland Policing Board;

(v)the British Transport Police;

(vi)the Ministry of Defence Police Force;

(vii)the Civil Nuclear Constabulary;

(viii)a police force for a harbour, port, airport, park, garden or forest in the United Kingdom or with a specialised function in the United Kingdom;

(ix)the National Crime Agency;

(x)F166a fire and rescue service authority within the meaning of section 1 or a combined authority within the meaning of section 2 or 4 of the Fire and Rescue Services Act 2004 ;

(xi)the Scottish Fire and Rescue Service; or

(xii)the Northern Ireland Fire and Rescue Board;

(c)F167articles falling within the scope of Council Directive 96/98/EC on marine equipment ;

(d)articles intended for use in the aerospace industry;

(e)F168percussion caps intended specifically for toys falling within the scope of Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys ;

(f)F169explosives falling within the scope of Council Directive 93/15/EEC on the harmonization of the use of the provisions relating to the placing on the market of explosives for civil uses ;

(g)projectiles and propelling charges and blank ammunition used in portable firearms, other guns and artillery; and

(h)fireworks whichβ€”

(i)are built by a manufacturer established in [F170Northern IrelandF170] ;

(ii)are built for the manufacturer's own use; and

(iii)comply with the law applicable to such fireworks (excluding these Regulations).

Exception for trade fairs, exhibitions and demonstrations

4. The provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply to the showing and use of a pyrotechnic article at a trade fair, exhibition or demonstration for the marketing of pyrotechnic articles, provided that a visible sign clearly indicatesβ€”

(a)the name and date of the trade fair, exhibition or demonstration;

(b)that the pyrotechnic article is not in conformity with Part 2; and

(c)that the pyrotechnic article is not available for sale until brought into conformity with Part 2.

Exception for research, development and testing

5. The provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply to a pyrotechnic article manufactured for the purpose of research, testing and development, provided that provided that a visible sign clearly indicates thatβ€”

(a)the pyrotechnic article is not in conformity with Part 2; and

(b)the pyrotechnic article is not available for purposes other than research, development and testing.

PART 2Obligations of economic operators

Chapter 1Manufacturers

CategorisationE3

6. Before placing a pyrotechnic article on the market, a manufacturer mustβ€”

(a)categorise it using the categories set out in Schedule 1 (categories of pyrotechnic article), according to itsβ€”

(i)type of use; or

(ii)purpose and level of hazard, including its noise level; and

(b)ensure that [F25an approved bodyF25] has confirmed that categorisation as part of a relevant conformity assessment procedure.

CategorisationE57

6. Before placing a pyrotechnic article on the market, a manufacturer mustβ€”

(a)categorise it using the categories set out in Schedule 1 (categories of pyrotechnic article), according to itsβ€”

(i)type of use; or

(ii)purpose and level of hazard, including its noise level; and

(b)ensure that a notified body has confirmed that categorisation as part of a relevant conformity assessment procedure.

Design and manufacture in accordance with essential safety requirements

7. Before placing a pyrotechnic article on the market, a manufacturer must ensure that it has been designed and manufactured in accordance with the essential safety requirements.

Technical documentation and conformity assessmentE4

8. Before placing a pyrotechnic article on the market, a manufacturer mustβ€”

(a)have a relevant conformity assessment procedure carried out; and

(b)draw up the technical documentation referred toβ€”

(i)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(a) is being carried out, in point 3(c) of Module B of [F26Schedule 2AF26] ;

(ii)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(b) is being carried out, in point 2 of Module G of [F26Schedule 2AF26] ;

(iii)for pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(c) is being carried out, in point 3.1(b) of Module H of [F26Schedule 2AF26] .

Technical documentation and conformity assessmentE58

8. Before placing a pyrotechnic article on the market, a manufacturer mustβ€”

(a)have a relevant conformity assessment procedure carried out; and

(b)draw up the technical documentation referred toβ€”

(i)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(a) is being carried out, in point 3(c) of Module B of Annex II to the Directive (as amended from time to time);

(ii)for a pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(b) is being carried out, in point 2 of Module G of Annex II to the Directive (as amended from time to time);

(iii)for pyrotechnic article in respect of which the conformity assessment procedure in regulation 40(c) is being carried out, in point 3.1(b) of Module H of Annex II to the Directive (as amended from time to time).

EU declaration of conformity and CE markingE5

9.β€”(1) Where the conformity of a pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the pyrotechnic article on the marketβ€”

(a)draw up a declaration of conformity in accordance with regulation 41 (EU declaration of conformity); and

(b)affix the CE marking in accordance with regulation 42 (CE marking).

(2) The manufacturer must keep the EU declaration of conformity up-to-date.

(3) Where a pyrotechnic article is subject to more than one EU instrument requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, whichβ€”

(a)identifies the EU instruments; and

(b)includes references to the publication of those EU instruments in the Official Journal of the European Union.

F171... declaration of conformity and [F172UK F172] markingE59

9.β€”(1) Where the conformity of a pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure, the manufacturer must, before placing the pyrotechnic article on the marketβ€”

(a)F173draw up a declaration of conformity in accordance with regulation 41 ...; and

(b)F175affix the [F174UKF174] marking in accordance with regulation 42 ....

F176(2) The manufacturer must keep the ... declaration of conformity up-to-date.

[F177(3)Where a pyrotechnic article is subject to more than one enactment requiring a declaration of conformity to be drawn up, the manufacturer must draw up a single declaration of conformity, which identifies each enactment by its title.F177]

F27Retention of technical documentation and ... declaration of conformityE6

F2810. A manufacturer must keep the technical documentation and the ... declaration of conformity drawn up in respect of a pyrotechnic article for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market.

Retention of technical documentation and EU declaration of conformityE60

10. A manufacturer must keep the technical documentation and the EU declaration of conformity drawn up in respect of a pyrotechnic article for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the market.

Labelling of pyrotechnic articles other than pyrotechnic articles for vehiclesE7

11.β€”(1) Before placing a pyrotechnic article on the market, a manufacturer must ensure that it is labelled β€”

(a)visibly, legibly and indelibly;

(b)clearly and understandably; and

[F29(c)in English.F29]

(2) The manufacturer must ensure that the labelling of the pyrotechnic article includes, as a minimum, the information specified in Schedule 3 (labelling: required information).

F30(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where it is not possible for information specified in paragraph 1(a) and (b) of Schedule 3 to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements referred to in Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article.

(7) Where the pyrotechnic article does not provide sufficient space for the other labelling requirements specified in Schedule 3 (including where this is as a result of the information specified in paragraph 1(a) and (b) of Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.

(8) This regulation does not apply to pyrotechnic articles for vehicles.

Labelling of pyrotechnic articles other than pyrotechnic articles for vehiclesE61

11.β€”(1) Before placing a pyrotechnic article on the market, a manufacturer must ensure that it is labelled β€”

(a)visibly, legibly and indelibly;

(b)clearly and understandably; and

(c)subject to paragraphs (3) and (4), in the official language of the [F178relevant stateF178] in which the pyrotechnic article is to be made available to the end-user.

(2) The manufacturer must ensure that the labelling of the pyrotechnic article includes, as a minimum, the information specified in Schedule 3 (labelling: required information).

(3) The information specified in paragraph 1(a) and (b) of Schedule 3 must be provided in a language which can be easily understood by the end-users and the competent national authority in the [F178relevant stateF178] in which the pyrotechnic article is to be made available to such end-users.

(4) The information specified in paragraph 1(f) of Schedule 3 must be provided in a language which can be easily understood by consumers and other end-users in the [F178relevant stateF178] in which the pyrotechnic article is to be made available to such consumers and other end-users.

(5) Where the pyrotechnic article is to be made available to end-users in [F179Northern IrelandF179] the language which can be easily understood by consumers and other end-users is English.

(6) Where it is not possible for information specified in paragraph 1(a) and (b) of Schedule 3 to be indicated on the pyrotechnic article (including where this is as a result of other labelling requirements referred to in Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that that information is indicated on its packaging or in a document accompanying the pyrotechnic article.

(7) Where the pyrotechnic article does not provide sufficient space for the other labelling requirements specified in Schedule 3 (including where this is as a result of the information specified in paragraph 1(a) and (b) of Schedule 3 having taken up the available space on the pyrotechnic article), the manufacturer must ensure that the information is provided on the smallest piece of packaging.

(8) This regulation does not apply to pyrotechnic articles for vehicles.

Labelling of pyrotechnic articles for vehiclesE8

12.β€”(1) Before placing a pyrotechnic article for a vehicle on the market, a manufacturer must ensure that it is labelled withβ€”

(a)the information about the manufacturer specified in paragraph 1(a) and (b) of Schedule 3;

(b)the name and type of the pyrotechnic article;

(c)the [F31UKF31]registration number of the pyrotechnic article;

(d)the product, batch or serial number of the pyrotechnic article; and

(e)safety instructions (where necessary).

(2) If the pyrotechnic article for a vehicle does not provide sufficient space for the labelling requirements specified in paragraph (1), the manufacturer must ensure that the information is provided on the packaging.

(3) Before placing a pyrotechnic article for a vehicle on the market, the manufacturer must draw up a [F32UKF32] safety data sheet.

(4) In paragraph (3), β€œ[F33UKF33] safety data sheet” means a documentβ€”

(a)M14compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time); and

(b)which takes account of the specific needs of professional users.

Labelling of pyrotechnic articles for vehiclesE62

12.β€”(1) Before placing a pyrotechnic article for a vehicle on the market, a manufacturer must ensure that it is labelled withβ€”

(a)the information about the manufacturer specified in paragraph 1(a) and (b) of Schedule 3;

(b)the name and type of the pyrotechnic article;

(c)the registration number of the pyrotechnic article;

(d)the product, batch or serial number of the pyrotechnic article; and

(e)safety instructions (where necessary).

(2) If the pyrotechnic article for a vehicle does not provide sufficient space for the labelling requirements specified in paragraph (1), the manufacturer must ensure that the information is provided on the packaging.

(3) Before placing a pyrotechnic article for a vehicle on the market, the manufacturer must draw up a safety data sheet.

(4) In paragraph (3), β€œsafety data sheet” means a documentβ€”

(a)F180compiled in accordance with Annex II to Regulation (EC) 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency (as amended from time to time); and

(b)which takes account of the specific needs of professional users.

Compliance procedures for series productionE9

13.β€”(1) A manufacturer of pyrotechnic articles which are manufactured by series production must ensure that, before placing such a pyrotechnic article on the market, procedures are in place to ensure that any pyrotechnic article so manufactured will be in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account ofβ€”

(a)any change in pyrotechnic article design or characteristics; and

(b)F35any change in a [F34designatedF34] standard or in another technical specification by reference to which the ... declaration of conformity was drawn up.

Compliance procedures for series productionE63

13.β€”(1) A manufacturer of pyrotechnic articles which are manufactured by series production must ensure that, before placing such a pyrotechnic article on the market, procedures are in place to ensure that any pyrotechnic article so manufactured will be in conformity with Part 2.

(2) In doing so, the manufacturer must take adequate account ofβ€”

(a)any change in pyrotechnic article design or characteristics; and

(b)any change in a harmonised standard or in another technical specification by reference to which the EU declaration of conformity was drawn up.

Chapter 2Importers

Prohibition on placing on the market pyrotechnic articles which are not in conformity

14. An importer must not place a pyrotechnic article on the market unless it is in conformity with the essential safety requirements.

Requirements which must be satisfied before an importer places a pyrotechnic article on the marketE10

15.β€”(1) Before placing a pyrotechnic article on the market, an importer must ensure thatβ€”

(a)a relevant conformity assessment procedure has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation;

(c)the pyrotechnic articleβ€”

(i)bears the [F36UKF36] marking; and

(ii)is accompanied by the required documents; and

(d)the manufacturer has complied with the requirements set out in regulations 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles).

(2) In paragraph (1)(c)(ii), β€œrequired documents” means any documents that are required to be provided with the pyrotechnic article pursuant toβ€”

(a)regulation 11(6); and

(b)regulation 35 (supply of [F37 UKF37] safety data sheet).

Requirements which must be satisfied before an importer places a pyrotechnic article on the marketE64

15.β€”(1) Before placing a pyrotechnic article on the market, an importer must ensure thatβ€”

(a)a relevant conformity assessment procedure has been carried out by the manufacturer;

(b)the manufacturer has drawn up the technical documentation;

(c)the pyrotechnic articleβ€”

(i)bears the CE marking; and

(ii)is accompanied by the required documents; and

(d)the manufacturer has complied with the requirements set out in regulations 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles).

(2) In paragraph (1)(c)(ii), β€œrequired documents” means any documents that are required to be provided with the pyrotechnic article pursuant toβ€”

(a)regulation 11(6); and

(b)regulation 35 (supply of safety data sheet).

Prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements

16.β€”(1) Where an importer considers, or has reason to believe, that a pyrotechnic article is not in conformity with the essential safety requirements, the importer must not place the pyrotechnic article on the market.

(2) Where the pyrotechnic article presents a risk, the importer must inform the manufacturer and the market surveillance authority of that risk.

Information identifying importerE11

17.β€”(1) Before placing a pyrotechnic article on the market, an importer must indicate on the pyrotechnic articleβ€”

(a)the name, registered trade name or registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

F39(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the [F38enforcing authorityF38] ....

[F40(3)Paragraph (1) does not apply whereβ€”

(a)eitherβ€”

(i)it is not possible to set out the information referred to in paragraph (1) on the pyrotechnic article; or

(ii)the importer has imported the pyrotechnic article from an EEA state and places it on the market within the period of [F41seven yearsF41] beginning with IP completion day; and

(b)before placing the pyrotechnic article on the market, the importer sets out the information referred to in paragraph (1)β€”

(i)on the packaging; or

(ii)in a document accompanying the pyrotechnic article.F40]

Information identifying importerE65

17.β€”(1) Before placing a pyrotechnic article on the market, an importer must indicate on the pyrotechnic articleβ€”

(a)the name, registered trade name or registered trade mark of the importer; and

(b)a postal address at which the importer can be contacted.

(2) The information specified in paragraph (1) must be in a language which can be easily understood by end-users and the competent national authority in the [F181relevant stateF181] in which it is to be made available to such end-users.

(3) Where it is not possible to indicate the information specified in paragraph (1) on the pyrotechnic article, the importer must indicate that informationβ€”

(a)on the packaging; or

(b)in a document accompanying the pyrotechnic article.

Instructions and safety informationE12

18.β€”(1) When placing a pyrotechnic article on the market, an importer must ensure that it is accompanied by instructions and safety information [F42that are clear, legible and in easily understandable EnglishF42] .

F43(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instructions and safety informationE66

18.β€”(1) When placing a pyrotechnic article on the market, an importer must ensure that it is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F182relevant stateF182] in which the pyrotechnic article is to be made available to such consumers and other end-users.

(2) When the pyrotechnic article is being made available to consumers and other end-users in [F183Northern IrelandF183] , the language which can be easily understood by consumers and other end-users is English.

F44Retention of technical documentation and ... declaration of conformityE13

19. An importer must, for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the marketβ€”

(a)F45keep a copy of the ... declaration of conformity at the disposal of enforcing authorities; and

(b)ensure that the technical documentation can be made available to enforcing authorities, upon request.

Retention of technical documentation and EU declaration of conformityE67

19. An importer must, for a period of 10 years beginning on the day on which the pyrotechnic article is placed on the marketβ€”

(a)keep a copy of the EU declaration of conformity at the disposal of enforcing authorities; and

(b)ensure that the technical documentation can be made available to enforcing authorities, upon request.

Chapter 3Manufacturers and importers

TraceabilityE14

20.β€”(1) Where a manufacturer or importer places a pyrotechnic article on the market before 17th October 2016, the manufacturer or importer mustβ€”

(a)maintain a record of the [F46UKF46]registration number of the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market; and

(b)upon request, make this information available to an enforcing authority.

(2) Where a manufacturer or importer places a pyrotechnic article on the market after 16th October 2016, the manufacturer or importer mustβ€”

(a)keep a record of the required information for the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market;

(b)transfer the record referred to in sub-paragraph (a) to the Secretary of State if the manufacturer or importer is ceasing to trade; and

(c)upon a reasoned request, provide an enforcing authority with the required information.

(3) The Secretary of State may appoint a person to receive, hold and manage the record referred to in paragraph (2) on the Secretary of State's behalf.

(4) In this regulation, β€œrequired information” means the following information about a pyrotechnic articleβ€”

(a)the [F46UKF46]registration number;

(b)the trade name;

(c)the generic type and sub-type (where applicable); and

(d)the site of manufacture.

TraceabilityE68

20.β€”(1) Where a manufacturer or importer places a pyrotechnic article on the market before 17th October 2016, the manufacturer or importer mustβ€”

(a)maintain a record of the registration number of the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market; and

(b)upon request, make this information available to an enforcing authority.

(2) Where a manufacturer or importer places a pyrotechnic article on the market after 16th October 2016, the manufacturer or importer mustβ€”

(a)keep a record of the required information for the pyrotechnic article for a period of at least 10 years beginning on the day on which it is placed on the market;

(b)transfer the record referred to in sub-paragraph (a) to the Secretary of State if the manufacturer or importer is ceasing to trade; and

(c)upon a reasoned request, provide an enforcing authority with the required information.

(3) The Secretary of State may appoint a person to receive, hold and manage the record referred to in paragraph (2) on the Secretary of State's behalf.

(4) In this regulation, β€œrequired information” means the following information about a pyrotechnic articleβ€”

(a)the registration number;

(b)the trade name;

(c)the generic type and sub-type (where applicable); and

(d)the site of manufacture.

Monitoring

21.β€”(1) When an enforcing authority deems it appropriate, with regard to the risks to the health and safety of consumers presented by a pyrotechnic article, a manufacturer or importer must, upon a duly justified request of the authority and within such period as the authority may specifyβ€”

(a)carry out sample testing of pyrotechnic articles made available on the market;

(b)investigate complaints that pyrotechnic articles are not in conformity with Part 2; and

(c)keep distributors informed of any monitoring carried out under sub-paragraphs (a) and (b).

(2) A manufacturer or importer must keep a register and must promptly make entries in that register of anyβ€”

(a)complaints that pyrotechnic articles are not in conformity with Part 2;

(b)pyrotechnic articles which are found not to be in conformity with Part 2; and

(c)pyrotechnic articlerecalls.

(3) A manufacturer or importer must keep an entry made in the register for a period of at least 10 years beginning on the day on which the obligation to make the entry arose.

Duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformityE15

22.β€”(1) A manufacturer or importer who considers, or has reason to believe, that a pyrotechnic article which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary toβ€”

(a)bring the pyrotechnic article into conformity;

(b)withdraw the pyrotechnic article; or

(c)recall the pyrotechnic article.

F47(2) Where the pyrotechnic article presents a risk, the manufacturer or importer must immediately inform the market surveillance authority, ... of the risk, giving details ofβ€”

(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformityE69

22.β€”(1) A manufacturer or importer who considers, or has reason to believe, that a pyrotechnic article which they have placed on the market is not in conformity with Part 2 must immediately take the corrective measures necessary toβ€”

(a)bring the pyrotechnic article into conformity;

(b)withdraw the pyrotechnic article; or

(c)recall the pyrotechnic article.

(2) Where the pyrotechnic article presents a risk, the manufacturer or importer must immediately inform the market surveillance authority, and the competent national authorities of any other [F184relevant stateF184] in which the manufacturer or importer made the pyrotechnic article available on the market, of the risk, giving details ofβ€”

(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Provision of information and cooperation

23.β€”(1) A manufacturer or importer must, further to a reasoned request from an enforcing authority and within such period as the enforcing authority may specify, provide the authority with the information and documentation necessary to demonstrate that the pyrotechnic article is in conformity with Part 2β€”

(a)in paper or electronic form; and

(b)in a language which can be easily understood by the enforcing authority.

(2) A manufacturer or importer must, at the request of the enforcing authority, cooperate with the authority on any action taken toβ€”

(a)evaluate a pyrotechnic article in accordance with regulation 56 (evaluation of pyrotechnic articles presenting a risk); or

(b)eliminate the risks posed by a pyrotechnic article which the manufacturer or importer has placed on the market.

Chapter 4Distributors

Duty to act with due care

24. When making a pyrotechnic article available on the market, a distributor must act with due care to ensure that it is in conformity with Part 2.

Requirements which must be satisfied before a distributor makes a pyrotechnic article available on the marketE16

25.β€”(1) Before making a pyrotechnic article available on the market, the distributor must verify thatβ€”

(a)the pyrotechnic articleβ€”

(i)bears the [F48UKF48] marking;

(ii)is accompanied by the required documents;

(iii)is accompanied by instructions and safety information [F49that are clear, legible and in easily understandable EnglishF49] ;

(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles); and

(c)the importer has complied with the requirements set out in regulation 17 (information identifying importer).

(2) In paragraph (1)(a)(ii), β€œrequired documents” means the documents that are required to be provided with the pyrotechnic article pursuant toβ€”

(a)regulation 11(6);

(b)regulation 17(3)(b); and

(c)regulation 35 (supply of [F50UKF50] safety data sheet).

Requirements which must be satisfied before a distributor makes a pyrotechnic article available on the marketE70

25.β€”(1) Before making a pyrotechnic article available on the market, the distributor must verify thatβ€”

(a)the pyrotechnic articleβ€”

(i)bears the CE marking;

(ii)is accompanied by the required documents;

(iii)is accompanied by instructions and safety information in a language which can be easily understood by consumers and other end-users in the [F185relevant stateF185] in which the pyrotechnic article is to be made available on the market;

(b)the manufacturer has complied with the requirements set out in regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles) and 12 (labelling of pyrotechnic articles for vehicles); and

(c)the importer has complied with the requirements set out in regulation 17 (information identifying importer).

(2) In paragraph (1)(a)(ii), β€œrequired documents” means the documents that are required to be provided with the pyrotechnic article pursuant toβ€”

(a)regulation 11(6);

(b)regulation 17(3)(b); and

(c)regulation 35 (supply of safety data sheet).

Prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements

26.β€”(1) Where a distributor considers, or has reason to believe, that a pyrotechnic article is not in conformity with the essential safety requirements, the distributor must not make the pyrotechnic article available on the market.

(2) Where the pyrotechnic article presents a risk, the distributor must inform the following persons of the riskβ€”

(a)the manufacturer or the importer; and

(b)the market surveillance authority.

Duty to take action in respect of pyrotechnic articles made available on the market which are not in conformityE17

27.β€”(1) A distributor who considers, or has reason to believe, that a pyrotechnic article which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken toβ€”

(a)bring that pyrotechnic article into conformity;

(b)withdraw the pyrotechnic article; or

(c)recall the pyrotechnic article.

F51(2) Where the pyrotechnic article presents a risk, the distributor must immediately inform the market surveillance authority, ... of that risk, giving details ofβ€”

(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Duty to take action in respect of pyrotechnic articles made available on the market which are not in conformityE71

27.β€”(1) A distributor who considers, or has reason to believe, that a pyrotechnic article which the distributor has made available on the market is not in conformity with Part 2 must make sure that the necessary corrective measures are taken toβ€”

(a)bring that pyrotechnic article into conformity;

(b)withdraw the pyrotechnic article; or

(c)recall the pyrotechnic article.

(2) Where the pyrotechnic article presents a risk, the distributor must immediately inform the market surveillance authority, and the competent national authorities of the other [F186relevant statesF186] in which the distributor has made the pyrotechnic article available on the market, of that risk, giving details ofβ€”

(a)the respect in which the pyrotechnic article is considered not to be in conformity with Part 2; and

(b)any corrective measures taken.

Provision of information and cooperation

28.β€”(1) A distributor must, further to a reasoned request from an enforcing authority and within such period as the authority may specify, provide the authority with the information and documentation, in paper or electronic form, necessary to demonstrate that the pyrotechnic article is in conformity with Part 2.

(2) A distributor must, at the request of the enforcing authority, cooperate with the authority on any action taken toβ€”

(a)evaluate a pyrotechnic article in accordance with regulation 56 (evaluation of pyrotechnic articles presenting a risk); and

(b)eliminate the risks posed by a pyrotechnic article which the distributor has made available on the market.

Chapter 5Importers and distributors

Storage and transport

29. Each importer and distributor must ensure that, while a pyrotechnic article is under their responsibility, its storage or transport conditions do not jeopardise its conformity with the essential safety requirements.

Cases in which obligations of manufacturers apply to importers and distributors

30. An economic operator who would, but for this regulation, be considered an importer or distributor (β€œA”), is to be considered a manufacturer for the purposes of these Regulations and is subject to the obligations of a manufacturer under this Part, where Aβ€”

(a)places a pyrotechnic article on the market under A's own name or trademark; or

(b)modifies a pyrotechnic article already placed on the market in such a way that it may affect whether the pyrotechnic article is in conformity with Part 2.

Chapter 6All economic operators

Prohibition on making available to persons younger than the minimum age limit

31. An economic operator must not make a pyrotechnic article available on the market in the United Kingdom to a person younger than the following minimum age limitsβ€”

(a)for a Christmas cracker, 12 years;

(b)for a category F1 firework other than a Christmas cracker, 16 years;

(c)for a category F2 firework or a category F3 firework, 18 years;

(d)for a category T1 theatrical pyrotechnic article, 18 years;

(e)for a category P1 other pyrotechnic article, 18 years.

Prohibition on making available to persons without specialist knowledge

32. An economic operator must not make available on the market the following pyrotechnic articles, except to a person with specialist knowledgeβ€”

(a)a category F4 firework;

(b)a category T2 theatrical pyrotechnic article; or

(c)a category P2 other pyrotechnic article.

Prohibitions on making available certain category F2 and F3 fireworks

33.β€”(1) An economic operator must not make available on the market in the United Kingdom a category F2 firework or a category F3 firework of any of the following descriptionsβ€”

(a)an aerial wheel;

(b)a banger, flash banger or double banger;

(c)a jumping cracker;

(d)a jumping ground spinner;

(e)a spinner;

(f)a mini rocket;

(g)a shot tubeβ€”

(i)which produces a report as its principal effect; or

(ii)the inside diameter of which is greater than 30mm;

(h)a battery containing bangers, flash bangers or double bangers;

(i)a combination (other than a wheel) which includes one or more bangers, flash bangers or double bangers.

(2) Paragraph (1)(b) does not prohibit the making available on the market of a category F2 firework or category F3 firework as part of a wheel.

(3) Paragraph (1) does not prohibit the making available on the market of a category F2 firework or category F3 firework to a person with specialist knowledge.

(4) No person who carries on a business involving the making available of fireworks on the market by retail may supply a category F2 firework or category F3 firework which that personβ€”

(a)has removed or caused to be removed from a selection pack or primary pack; or

(b)knows to have been removed from a selection pack or primary pack.

Prohibition on making pyrotechnic articles for vehicles available to members of the general public

34. An economic operator must not make a category P1 pyrotechnic article, which is also a pyrotechnic article for a vehicle (including an airbag or seat belt pre-tensioner system), available to a member of the general public unless the article has been incorporated in a vehicle or a detachable vehicle part.

Supply of [F52UKF52] safety data sheetE18

35. When making a pyrotechnic article for a vehicle available on the market to a professional user, an economic operator must supply to the professional user the [F53UKF53] safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)β€”

F54(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)on paper or in electronic form, provided that the format chosen is accessible to the professional user.

Supply of safety data sheetE72

35. When making a pyrotechnic article for a vehicle available on the market to a professional user, an economic operator must supply to the professional user the safety data sheet referred to in regulation 12(3) (labelling of pyrotechnic articles for vehicles)β€”

(a)in the language requested by that professional user; and

(b)on paper or in electronic form, provided that the format chosen is accessible to the professional user.

[F55Translation of declaration of conformity

36.β€”(1)Before making a pyrotechnic article available on the market, an economic operator must ensure that the EU declaration of conformity is prepared in, or translated into, the language required by the [F56relevant stateF56] in which it is to be made available on the market.

(2)Where the pyrotechnic articles is to be made available on the market in [F57Northern IrelandF57], the language required is English.F55]

Identification of economic operators

37.β€”(1) An economic operator (β€œE”), who receives a request from the market surveillance authority before the end of the relevant period, must, within such period as the authority may specify, identify to the authorityβ€”

(a)any economic operator who has supplied E with a pyrotechnic article; and

(b)any economic operator to whom E has supplied a pyrotechnic article.

(2) The relevant period isβ€”

(a)for information under paragraph (1)(a), a period of 10 years beginning on the day on which E was supplied with the pyrotechnic article;

(b)for information under paragraph (1)(b), a period of 10 years beginning on the day on which E supplied the pyrotechnic article.

Prohibition on improper use of [F58UKF58] markingE19

38.β€”(1) An economic operator must not affix the [F59UKF59] marking to a pyrotechnic article unlessβ€”

(a)that economic operator is the manufacturer; and

(b)the conformity of the pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to a pyrotechnic article a marking (other than the [F59UKF59] marking) which purports to attest that the pyrotechnic article is in conformity with the essential safety requirements.

(3) An economic operator must not affix to a pyrotechnic article a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [F59UKF59] marking.

(4) An economic operator must not affix to a pyrotechnic article any other marking if the visibility, legibility and meaning of the [F59UKF59] marking would be impaired as a result.

Prohibition on improper use of CE markingE73

38.β€”(1) An economic operator must not affix the CE marking to a pyrotechnic article unlessβ€”

(a)that economic operator is the manufacturer; and

(b)the conformity of the pyrotechnic article with the essential safety requirements has been demonstrated by a relevant conformity assessment procedure.

(2) An economic operator must not affix to a pyrotechnic article a marking (other than the CE marking) which purports to attest that the pyrotechnic article is in conformity with the essential safety requirements.

(3) An economic operator must not affix to a pyrotechnic article a marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking.

(4) An economic operator must not affix to a pyrotechnic article any other marking if the visibility, legibility and meaning of the CE marking would be impaired as a result.

[F60Obligations which are met by complying with obligations in the Directive

38A.β€”(1)In this regulationβ€”

(a)any reference to an Article or an Annex is a reference to an Article or an Annex to the Directive; and

(b)β€œCE marking” has the meaning given to it in Article 3(22); and

(c)β€œharmonised standard” has the meaning given to it in Article 3(14).

(2)Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturerβ€”

(a)ensures that the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;

(b)ensures that the technical documentation referred to in Annex II has been drawn up;

(c)ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;

(d)ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English;

(e)affixes a CE marking and other markings, in accordance with Articles 19 and 20(1) to (4);

(f)draws up an EU declaration of conformity, in accordance with Article 18; and

(g)ensures that the EU declaration of conformity is prepared in or translated into English.

(3)Where this paragraph appliesβ€”

(a)the requirements of regulation 7, 8, 9(1) and 9(3) are to be treated as being satisfied;

(b)regulations 2(2)(a), 9(2), 10, 13(2) and 38 apply subject to the modifications in paragraph (8);

(c)Part 3 does not apply; and

(d)regulations 60(1)(a), (c), (d) and (f) do not apply.

(4)Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures thatβ€”

(a)the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;

(b)the manufacturer has drawn up the technical documentation referred to in Annex II; and

(c)the vessel bears the CE marking and other markings referred to in Article 20(3) to (4).

(5)Where this paragraph appliesβ€”

(a)the requirements of regulation 15(a) to (c) are to be treated as being satisfied; and

(b)regulations 2(2)(a), 16(1) and 19, and regulation 29 insofar as it relates to importers, apply subject to the modifications in paragraph (8).

(6)Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor ensures that the vessel bears the CE marking.

(7)Where this paragraph appliesβ€”

(a)regulation 25(1)(a)(i) is to be treated as being satisfied; and

(b)regulations 2(2)(a), 26(1), and regulation 29 insofar as it relates to distributors, apply subject to the modifications in paragraph (8).

(8)The modifications referred to in paragraphs (3)(b), (5)(b) and (9)(b) are thatβ€”

(a)any reference to β€œdeclaration of conformity” is to be read as a reference to the EU declaration of conformity;

(b)any reference to β€œUK marking” is to be read as a reference to the CE marking;

(c)any reference to β€œessential safety requirements” is to be read as a reference to the essential safety requirements referred to in Annex I;

(d)any reference to β€œdesignated standard” is to be read as a reference to a harmonised standard;

(e)any reference to β€œrelevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the pyrotechnic article in accordance with Article 17;

(f)any reference to β€œtechnical documentation” is a reference to the technical documentation referred to in Annex II.

Obligations which are met by complying with obligations in the Directive that relate to the registration number

38B.β€”(1)In this regulationβ€”

(a)any reference to an Article is a reference to an Article of the Directive; and

(b)β€œregistration number” means a number comprising the elements set out in Article 1 of Commission Implementing Directive 2014/58/EU of 16 April 2014 setting up a system for the traceability of pyrotechnic articlesF61....

(2)Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer labels the pyrotechnic article with a registration number in accordance with Article 10(2) or Article 11(1), as applicable.

(3)Where this paragraph appliesβ€”

(a)the requirements of regulations 11, 12 and 20 apply subject to the modifications in paragraph (8); and

(b)regulation 60(1)(f) does not apply.

(4)Paragraph (5) applies where, before placing a pyrotechnic article on the market, the importer ensures that the pyrotechnic article has been labelled with a registration number in accordance with Articles 10(2) or 11(1), as applicable.

(5)Where this paragraph applies the requirements of regulation 15(1)(d) and 20 apply subject to the modifications at paragraph (8).

(6)Paragraph (7) applies where, before making a pyrotechnic article available on the market, a distributor verifies that the pyrotechnic article has been labelled with a registration number in accordance with Articles 10(2) or 11(1), as applicable.

(7)Where this paragraph applies the requirements of regulation 25(1)(b) apply subject to the modifications at paragraph (8).

(8)The modifications referred to in paragraphs (3)(a), (5) and (7) are thatβ€”

(a)any reference to β€œSchedule 3” in regulations 11 or 12 is to be read as a reference to Schedule 3 subject to the modification that, in paragraph 1(d) of that Schedule, the reference to β€œUK registration number” is to be read as a reference to the registration number; and

(b)any reference to β€œUK registration number” is to be read as a reference to the registration number.

Obligations which are met by complying with obligations in the Directive that relate to safety data sheet

38C.β€”(1)In this regulation β€œsafety data sheet” means a documentβ€”

[F62(a)compiled in accordance with Annex II to Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency;F62]

(b)which takes into account the specific needs of professional users.

(2)Paragraph (3) applies where, before placing a pyrotechnic article for vehicles on the market, the manufacturer draws up a safety data sheet in English.

(3)Where this paragraph appliesβ€”

(a)regulation 12 applies subject to the modificationβ€”

(i)in paragraph (10); and

(ii)that paragraph (4) of that regulation is omitted; and

(b)regulation 60(1)(f) does not apply.

(4)Paragraph (5) applies where, before placing a pyrotechnic article for vehicles on the market, the importer ensures that the article is accompanied by a safety data sheet in English.

(5)Where this paragraph applies regulation 15 applies subject to the modification that paragraph (2) of that regulation is substituted by the followingβ€”

β€œ(2)In paragraph (1)(c)(ii), β€œrequired documents” meansβ€”

(a)the documents that are required to be provided with the pyrotechnic article pursuant to regulation 11(6); and

(b)the safety data sheet.”.

(6)Paragraph (7) applies where, before making a pyrotechnic article for vehicles available on the market, a distributor verifies that the article is accompanied by a safety data sheet in English.

(7)Where this paragraph applies regulation 25 applies subject to the modification that paragraph (2) of that regulation is substituted by the followingβ€”

β€œ(2)In paragraph (1)(a)(ii), β€œrequired documents” meansβ€”

(a)the documents that are required to be provided with the pyrotechnic article pursuant to regulations 11(6) and 17(3)(b); and

(b)the safety data sheet.”.

(8)Paragraph (9) applies where, before making a pyrotechnic article for vehicles available on the market to a professional user, an economic operator supplies to the professional user a safety data sheet in respect of that article.

(9)Where this paragraph applies regulation 35 applies subject to the modification at paragraph (10).

(10)The modification referred to in sub-paragraphs (3) and (9) is that any reference to a β€œUK safety data sheet” is to be read as a reference to a safety data sheet.

Conformity assessment procedure obligation which is met by complying with the Directive

38D.β€”(1)In this regulation any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive.

(2)Paragraph (3) applies where, prior to the manufacture of a pyrotechnic article, the manufacturer ensures that the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17(a), referred to as Module B and set out in Annex II, has been carried out.

(3)Where this paragraph appliesβ€”

(a)the requirement in regulation 40(a) to conform to Module B as set out in Schedule 2A is to be treated as being satisfied;

(b)any reference to β€œrelevant conformity assessment procedure” in regulations 8(a), 9(1), 15(1)(a), 38(1)(b) and 41(b) is to be read as including the conformity assessment procedure referred to in Article 17(1)(a), referred to as Module B and set out in Annex II; and

(c)any reference to β€œtechnical documentation” in regulations 8(b), 10, 15(1)(b) and 19(b) is to be read as including the technical documentation relating to the design of the pyrotechnic article referred to in Module B of Annex II.

[F63Further use of UK marking

38E.β€”(1)In this regulationβ€”

(a)any reference to an Article or an Annex is a reference to an Article of or an Annex to the Directive;

(b)β€œharmonised standard” has the meaning given to it in Article 3(14).

(2)Paragraph (3) applies where, before placing a pyrotechnic article on the market, the manufacturer ensures thatβ€”

(a)the pyrotechnic article has been designed and manufactured in accordance with the essential safety requirements set out in Annex I;

(b)the conformity assessment procedure that applies to that pyrotechnic article in accordance with Article 17 has been carried out;

(c)the technical documentation referred to in Annex II has been drawn up; and

(d)the technical documentation and other records relating to the conformity assessment procedure are prepared in or translated into English.

(3)Where this paragraph appliesβ€”

(a)the requirements of regulations 7 and 8 are to be treated as being satisfied;

(b)except for regulations 41 and 42(1) to (2), Part 3 does not apply;

(c)regulations 9, 10, 13, 14, 15(1)(a) and (b), 16, 19, 26, 29, 38(1) and 60 apply subject to the modifications in paragraph (4);

(d)regulations 6 and 41 and Schedule 3A apply subject to the modifications in paragraphs (4) and (5).

(4)The modifications referred to in paragraph (3)(c) and (d) are thatβ€”

(a)any reference to the β€œessential safety requirements” is to be read as a reference to the essential safety requirements in Annex I;

(b)any reference to β€œdesignated standard” is to be read as a reference to a harmonised standard;

(c)any reference to β€œrelevant conformity assessment procedure” is to be read as a reference to the conformity assessment procedure that applies to the pyrotechnic article in accordance with Article 17;

(d)any reference to β€œtechnical documentation” is to be read as a reference to the technical documentation referred to in Annex II.

(5)The modifications referred to in paragraph (3)(d) are thatβ€”

(a)any reference to β€œapproved body” is to be read as a reference to any conformity assessment body that undertook any conformity assessment procedure in accordance with Article 17;

(b)any reference to β€œSchedule 2A” is to be read as a reference to Annex II;

(c)in Schedule 3A the reference to β€œstatutory requirements” is to be read as including the Directive.F63]

Qualifying Northern Ireland Goods

38F.β€”(1)Where paragraph (2) applies, a pyrotechnic article is to be treated as being in conformity with Part 2.

(2)This paragraph applies whereβ€”

(a)a pyrotechnic articleβ€”

(i)is in conformity with Part 2, as that Part applies in Northern Ireland; and

(ii)is qualifying Northern Ireland goods; and

(b)an importer has complied with the obligations set out in paragraph (3).

(3)The obligations referred to in paragraph (2)(b) are that, before placing the pyrotechnic article on the market, the importerβ€”

(a)complies with regulation 17;

(b)ensures thatβ€”

(i)the relevant conformity assessment procedure has been carried out in relation to the pyrotechnic article;

(ii)the manufacturer has drawn up the technical documentation; and

(iii)the pyrotechnic article bears the CE marking.

(4)In this regulationβ€”

β€œCE marking” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland;

β€œqualifying Northern Ireland goods” has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;

β€œrelevant conformity assessment procedure” has the meaning give to it in regulation 2(1), as it applies in Northern Ireland;

β€œtechnical documentation” has the meaning given to it in regulation 2(1), as it applies in Northern Ireland.F60]

PART 3Conformity assessment

Presumption of conformityE20

F6539.β€”(1) A pyrotechnic article which is in conformity with a [F64designatedF64] standard (or part of such a standard) ... is to be presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Presumption of conformityE74

39.β€”(1) A pyrotechnic article which is in conformity with a harmonised standard (or part of such a standard) the reference to which has been published in the Official Journal of the European Union is to be presumed to be in conformity with the essential safety requirements covered by that standard (or that part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

Conformity assessment proceduresE21

40. For the assessment of conformity of a pyrotechnic article, the manufacturer must follow one of the following procedures referred to in [F66Schedule 2AF66] β€”

(a)[F67TypeF67] examination carried out by [F68an approved bodyF68] (Module B), and, at the choice of the manufacturer, one of the following proceduresβ€”

(i)conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);

(ii)conformity to type based on quality assurance of the production process (Module D);

(iii)conformity to type based on product quality assurance (Module E);

(b)conformity based on unit verification by [F68an approved bodyF68] (Module G);

(c)conformity based on full quality assurance by [F68an approved bodyF68] (Module H), insofar as it concerns category F4 fireworks.

Conformity assessment proceduresE75

40. For the assessment of conformity of a pyrotechnic article, the manufacturer must follow one of the following procedures referred to in Annex II to the Directive (as amended from time to time)β€”

(a)EU-type examination carried out by a notified body (Module B), and, at the choice of the manufacturer, one of the following proceduresβ€”

(i)conformity to type based on internal production control plus supervised product checks at random intervals (Module C2);

(ii)conformity to type based on quality assurance of the production process (Module D);

(iii)conformity to type based on product quality assurance (Module E);

(b)conformity based on unit verification by a notified body (Module G);

(c)conformity based on full quality assurance by a notified body (Module H), insofar as it concerns category F4 fireworks.

F69... Declaration of conformityE22

F7041. The ... declaration of conformity for a pyrotechnic article mustβ€”

(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the pyrotechnic article;

(b)contain the elements specified in [F71Schedule 2AF71] for the relevant conformity assessment procedure followed in respect of the pyrotechnic article; and

(c)have the model structure set out in [F72Schedule 3AF72] .

EU declaration of conformityE76

41. The EU declaration of conformity for a pyrotechnic article mustβ€”

(a)state that the fulfilment of the essential safety requirements has been demonstrated in respect of the pyrotechnic article;

(b)contain the elements specified in Annex II to the Directive (as amended from time to time) for the relevant conformity assessment procedure followed in respect of the pyrotechnic article; and

(c)have the model structure set out in Annex III to the Directive (as amended from time to time).

[F73UKF73] markingE23

42.β€”(1) The [F74UKF74] marking must be affixed visibly, legibly and indelibly to the pyrotechnic article[F75or, where paragraph (1A) applies, to a label affixed to the pyrotechnic article or to the accompanying documentsF75] .

[F76(1A)For a period of [F77seven yearsF77] beginning with IP completion day, the UK marking may be affixed toβ€”

(a)a label affixed to the pyrotechnic article; or

(b)the accompanying documents.F76]

(2) Where [F78 paragraph (1A) does not apply andF78] it is not possible or warranted, on account of the nature of the pyrotechnic article, to affix the [F74UKF74] marking in accordance with paragraph (1), the [F74UKF74] marking must be affixed toβ€”

(a)the packaging; and

(b)the accompanying documents.

(3) The [F74UKF74] marking must be followed by the identification number of the [F79 approvedF79] which carried out the relevant conformity assessment procedure for the pyrotechnic article, where that body is involved in the production control phase.

(4) The identification number of the [F79 approvedF79] must be affixedβ€”

(a)by the [F79 approvedF79] itself; or

(b)under the instructions of the [F79 approvedF79] , by the manufacturer.

CE markingE77

42.β€”(1) The CE marking must be affixed visibly, legibly and indelibly to the pyrotechnic article.

(2) Where it is not possible or warranted, on account of the nature of the pyrotechnic article, to affix the CE marking in accordance with paragraph (1), the CE marking must be affixed toβ€”

(a)the packaging; and

(b)the accompanying documents.

(3) The CE marking must be followed by the identification number of the notified body which carried out the relevant conformity assessment procedure for the pyrotechnic article, where that body is involved in the production control phase.

(4) The identification number of the notified body must be affixedβ€”

(a)by the notified body itself; or

(b)under the instructions of the notified body, by the manufacturer.

[F80UK(NI) indication

42A.β€”(1)Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the pyrotechnic article, in accordance with this regulation.

(2)The UK(NI) indication must be affixedβ€”

(a)visibly, legibly and indelibly; and

(b)before a pyrotechnic article is placed on the market in Northern Ireland.

(3)The UK(NI) indication must accompany the CE marking wherever that is affixed, in accordance with regulation 42(1) or (2).

(4)The UK(NI) indication must be affixed by the manufacturer.

(5)When placing a pyrotechnic article on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of UK notified bodies

42B.β€”(1)The Secretary of State must ensure thatβ€”

(a)each notified body established in the United Kingdom is assigned an identification number; and

(b)there is a register ofβ€”

(i)notified bodies established in the United Kingdom;

(ii)their notified body identification number;

(iii)the activities for which they have been notified;

(iv)any restrictions on those activities.

(2)The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.

(3)The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).F80]

PART 4[F81Notification of conformity assessment bodiesF81][F81Approval of Conformity Assessment Bodies F81]

[F81Approved bodiesE24

43.β€”(1)An approved body is a conformity assessment body whichβ€”

(a)has been approved by the Secretary of State pursuant to the procedure set out in regulation 44 (approval of conformity assessment bodies); or

(b)immediately before IP completion day was a notified body in respect of which the Secretary of State had taken no action under regulation 49(1) or (2) as it had effect immediately before IP completion day to suspend or withdraw the body's status as a notified body.

(2)Paragraph (1) has effect subject to regulation 47 (restriction, suspension or withdrawal of approval).

(3)In this Partβ€”

β€œnotified body” means a bodyβ€”

(a)

which the Secretary of State had before IP completion day notified to the European Commission and the member States, in accordance with Article 21 of the Directive; and

(b)

in respect of which no objections had been raised, as referred to in regulation 43(1)(b), as it had effect immediately before IP completion day

β€œapproved body requirements” means the requirements set out in Schedule 5.F81]

Notified bodiesE78

43.β€”(1) For the purposes of this Part, a notified body is a conformity assessment bodyβ€”

(a)which has been notified to the European Commission and to other [F187relevant statesF187] under regulation 44 (notification); and

(b)in respect of which no objections [F188, other than an immaterial objection,F188] are raised by the European Commission or other [F187relevant statesF187] β€”

(i)within 2 weeks of a notification, where an accreditation certificate is used; or

(ii)within 2 months of a notification, where accreditation is not [F189used;F189]

[F190(c)in sub-paragraph (b), an β€œimmaterial objection” is an objection on the grounds thatβ€”

(i)the conformity assessment body is established in the United Kingdom; or

(ii)the accreditation certificate was issued by the United Kingdom Accreditation Service.F190]

(2) Paragraph (1) has effect subject to regulation 49 (changes to notifications).

[F81Approval of conformity assessment bodiesE25

44.β€”(1)The Secretary of State may approve only those conformity assessment bodies that qualify for approval.

(2)A conformity assessment body qualifies for approval if the first and second conditions below are met.

(3)The first condition is that the conformity assessment body has applied to the Secretary of State to become an approved body and that application is accompanied byβ€”

(a)a description of–

(i)the conformity assessment activities that the conformity assessment body intends to carry out;

(ii)the relevant conformity assessment procedure in respect of which the conformity assessment body claims to be competent;

(iii)the pyrotechnic article in respect of which the conformity assessment body claims to be competent; and

(b)eitherβ€”

(i)an accreditation certificate; or

(ii)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the approved body requirements.

(4)The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the approved body requirements.

(5)For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the approved body requirements.

(6)When deciding whether to approve a conformity assessment body that qualifies for approval, the Secretary of State may–

(a)have regard to any other matter which appears to the Secretary of State to be relevant; and

(b)set conditions that the conformity assessment body must meet.

(7)For the purposes of this regulation β€œaccreditation certificate” means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.F81]

NotificationE79

44.β€”(1) The Secretary of State may notify to the European Commission and the other [F191relevant statesF191] only those conformity assessment bodies that qualify for notification.

(2) A conformity assessment body qualifies for notification if the first and the second conditions below are met.

(3) The first condition is that the conformity assessment body makes an application to the Secretary of State for notification and that application is accompanied byβ€”

(a)a description ofβ€”

(i)the conformity assessment activities that the conformity assessment body intends to carry out;

(ii)the conformity assessment module for which the conformity assessment body claims to be competent; and

(iii)the pyrotechnic article for which the conformity assessment body claims to be competent; and either

(b)an accreditation certificate; or

(c)the documentary evidence necessary for the Secretary of State to verify, recognise and regularly monitor the conformity assessment body's compliance with the notified body requirements.

(4) The second condition is that the Secretary of State is satisfied that the conformity assessment body meets the notified body requirements.

(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the conformity assessment body meets the notified body requirements.

(6) When deciding whether to notify a conformity assessment body that qualifies for notification to the European Commission and the other [F191relevant statesF191] , the Secretary of State mayβ€”

(a)have regard to any other matter which appears to the Secretary of State to be relevant; and

(b)set conditions that the conformity assessment body must meet.

(7) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the assessment and notification of conformity assessment bodies, and any changes to those procedures.

[F81Presumption of conformity of approved bodiesE26

45.β€”(1)Where a conformity assessment body demonstrates its conformity with the criteria laid down in a designated standard (or part of such standard), the Secretary of State is to presume that the conformity assessment body meets the approved body requirements covered by that standard (or that part of that standard).

(2)The presumption in paragraph (1) is rebuttable.F81]

Presumption of conformity of notified bodiesE80

45.β€”(1) Where a conformity assessment body demonstrates its conformity with the criteria laid down in a harmonised standard (or part of such a standard), the reference of which has been published in the Official Journal of the European Union, the Secretary of State is to presume that the conformity assessment body meets the notified body requirements covered by that standard (or part of that standard).

(2) The presumption in paragraph (1) is rebuttable.

[F81MonitoringE27

46.The Secretary of State must monitor each approved body with a view to verifying that the bodyβ€”

(a)continues to meet the approved body requirements;

(b)meets any conditions setβ€”

(i)in accordance with regulation 44(6)(b); or

(ii)in the case of an approved body which was a notified body immediately before IP completion day, in accordance with regulation 44(6)(b) as it applied immediately before IP completion day; and

(c)carries out its functions in accordance with these Regulations.F81]

Contents of notificationE81

46. A notification under regulation 44 must includeβ€”

(a)details ofβ€”

(i)the conformity assessment activities in respect of which the conformity assessment body has made its application for notification;

(ii)the conformity assessment module in respect of which the conformity assessment body has made its application for notification;

(iii)the pyrotechnic article in respect of which the conformity assessment body has made its application for notification; and either

(b)an accreditation certificate; or

(c)documentary evidence which attests toβ€”

(i)the conformity assessment body's competence; and

(ii)the arrangements in place to ensure that the conformity assessment body will be monitored regularly and will continue to meet the notified body requirements.

Restriction, suspension or withdrawal of approvalE28

[F8147.β€”(1)Where the Secretary of State determines that an approved bodyβ€”

(a)no longer meets an approved body requirement; or

(b)is failing to fulfil its obligations under these Regulations, other than a condition referred to in regulation 46(b),

the Secretary of State must restrict, suspend or withdraw the body's status as an approved body under regulation 43.

(2)Where the Secretary of State determines that an approved body no longer meets a condition referred to in regulation 46(b), the Secretary of State may restrict, suspend or withdraw the body's status as an approved body under regulation 43.

(3)In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the non-compliance.

(4)Before taking action under paragraph (1) or (2), the Secretary of State mustβ€”

(a)give notice in writing to the approved body of the proposed action and the reasons for it;

(b)give the approved body an opportunity to make representations to the Secretary of State regarding the proposed action within a reasonable period from the date of the notice; and

(c)consider any such representations made by the approved body.

(5)Where the Secretary of State has taken action in respect of an approved body under paragraph (1) or (2), or where an approved body has ceased its activity, the approved body mustβ€”

(a)on the request of the Secretary of State, transfer its files (including the register which it maintains under paragraph 5 of Schedule 6 (operational obligations of approved bodies)) to another approved body or to the Secretary of State; or

(b)in the absence of a request under sub-paragraph (a), ensure that its files are kept available for the Secretary of State and each enforcing authority for a period equal to that specified in paragraphs 5 and 6 of Schedule 6.

(6)The activities undertaken as an approved body referred to in paragraph (5) include any activities that the body has undertaken as a notified body.F81]

MonitoringE82

47.β€”(1) The Secretary of State must monitor each notified body with a view to verifying that the notified bodyβ€”

(a)continues to meet the notified body requirements;

(b)meets any conditions set in accordance with regulation 44(6)(b); and

(c)carries out its functions in accordance with these Regulations.

(2) The Secretary of State must inform the European Commission of the United Kingdom's procedures for the monitoring of notified bodies, and any changes to those procedures.

[F81Operational matters in relation to approved bodiesE29

48.β€”(1)Subject to the terms of its appointment, an approved body must carry out the conformity assessment activities and proceduresβ€”

(a)in respect of which the body's approval was given under regulation 44; or

(b)in respect of which the body's notification as a notified body was made.

(2)Where an approved body carries out a conformity assessment procedure, it must do so in accordance with Schedule 6.

(3)An approved body must make provision for a manufacturer to be able to make an appeal against a refusal by the approved bodyβ€”

(a)to issue a Type-examination certificate referred to in Schedule 2A; or

(b)to affix, or cause to be affixed, the body's identification number pursuant to regulation 42(4).F81]

Delegation to the United Kingdom Accreditation ServiceE83

48. The Secretary of State may authorise the United Kingdom Accreditation Service (a company limited by guarantee incorporated in England and Wales under number 03076190) to carry out the following activities on behalf of the Secretary of Stateβ€”

(a)assessing whether a conformity assessment body meets the notified body requirements; and

(b)monitoring notified bodies.

[F81Subsidiaries and contractorsE30

49.β€”(1)An approved body may subcontract specific conformity assessment activities, or use a subsidiary to carry out such activities providedβ€”

(a)the body is satisfied that the subcontractor or subsidiary meets the approved body requirements;

(b)the body has informed the Secretary of State that it is satisfied that the subcontractor or subsidiary meets those requirements; and

(c)the economic operator for whom the activities are to be carried out has consented to the activities being carried out by that person.

(2)The approved body which subcontracts specific conformity assessment activities or uses a subsidiary to carry out such activities remains responsible for the proper performance of those activities (irrespective of where the subcontractor or subsidiary is established).

(3)Where an approved body subcontracts, or uses a subsidiary to carry out, a specific conformity assessment activity, the approved body must, for a period of 10 years beginning on the day on which the activity is first carried out, keep available for inspection by the Secretary of State all relevant documentation concerningβ€”

(a)the assessment of the qualifications of the subcontractor or the subsidiary; and

(b)the conformity assessment activity carried out by the subcontractor or subsidiary.

(4)In this regulation β€œsubsidiary” has the meaning given to it in section 1159 of the Companies Act 2006.F81]

Changes to notificationsE84

49.β€”(1) Where the Secretary of State determines that a notified body no longer meets a notified body requirement, or that it is failing to fulfil any of its obligations under these Regulations other than conditions set in accordance with regulation 44(6)(b), the Secretary of State must restrict, suspend or withdraw the body's status as a notified body under regulation 43.

(2) With the consent of a notified body, or where the Secretary of State determines that a notified body no longer meets a condition set in accordance with regulation 44(6)(b), the Secretary of State may restrict, suspend or withdraw the body's status as a notified body under regulation 43.

(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must have regard to the seriousness of the failure.

(4) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State must immediately inform the European Commission and the other [F192relevant statesF192] .

(5) Where the Secretary of State has taken action in respect of a notified body under paragraph (1) or (2), or where a notified body has ceased its activity, the body mustβ€”

(a)on the request of the Secretary of State, transfer its files (including the register which it maintains under paragraph 5 of Schedule 6 (operational obligations of notified bodies)) to another notified body or to the Secretary of State; or

(b)in the absence of a request under sub-paragraph (a), ensure that its files are kept available for the Secretary of State and each enforcing authority for a period equal to that specified in paragraphs 5 and 6 of Schedule 6.

[F81Register of approved bodiesE31

50.β€”(1)The Secretary of State mustβ€”

(a)assign an approved body identification number to each approved body; and

(b)compile and maintain a register ofβ€”

(i)approved bodies;

(ii)their approved body identification numbers;

(iii)the activities for which they have been approved; and

(iv)any restrictions on those activities.

(2)The register referred to in paragraph (1) must be made publicly available.F81]

Operational obligations of notified bodiesE85

50. When a notified body carries out a relevant conformity assessment procedure, Schedule 6 has effect.

[F81UK national accreditation bodyE32

51.The Secretary of State may authorise the UK national accreditation body to carry out the following activities on behalf of the Secretary of Stateβ€”

(a)assessing whether a conformity assessment body meets the approved body requirements;

(b)monitoring approved bodies in accordance with regulation 46; and

(c)compiling and maintaining the register of approved bodies, in accordance with regulation 50.F81]

Subsidiaries and contractorsE86

51.β€”(1) Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the activities are only to be treated as having been carried out by a notified body for the purposes of regulation 40 (conformity assessment procedures) where the conditions in paragraphs (2) and (3) are met.

(2) The notified body mustβ€”

(a)ensure that the subcontractor or subsidiary meets the notified body requirements; and

(b)inform the Secretary of State accordingly.

(3) The notified body must have obtained the agreement of the client to the use of a subcontractor or subsidiary.

(4) Where a notified body subcontracts specific conformity assessment activities, or has such activities carried out by a subsidiary, the notified body must for a period of at least 10 years beginning on the day on which the activities are carried out, keep at the disposal of the Secretary of State the documentation concerningβ€”

(a)the assessment of the qualifications of the subcontractor or the subsidiary; and

(b)the conformity assessment activities carried out by the subcontractor or subsidiary.

(5) When monitoring a notified body in accordance with regulation 47, the Secretary of State must treat the notified body as responsible for the tasks performed by a subcontractor or subsidiary, wherever the subcontractor or subsidiary is established.

PART 5Market surveillance and enforcement

Designation of market surveillance authority

52.β€”(1) In Great Britain, the market surveillance authority isβ€”

(a)within its area, the weights and measures authority forβ€”

(i)category F1 fireworks;

(ii)category F2 fireworks; and

(iii)category F3 fireworks;

(b)the Health and Safety Executive forβ€”

(i)category F4 fireworks;

(ii)category T1 theatrical pyrotechnic articles;

(iii)category T2 theatrical pyrotechnic articles;

(iv)category P1 other pyrotechnic articles; and

(v)category P2 other pyrotechnic articles.

(2) In Northern Ireland, the market surveillance authority isβ€”

(a)within its area, the district council forβ€”

(i)category F1 fireworks;

(ii)category F2 fireworks; and

(iii)category F3 fireworks;

(b)the Secretary of State forβ€”

(i)category F4 fireworks;

(ii)category T1 theatrical pyrotechnic articles;

(iii)category T2 theatrical pyrotechnic articles;

(iv)category P1 other pyrotechnic articles; and

(v)category P2 other pyrotechnic articles.

Enforcement

53.β€”(1) The market surveillance authority must enforce these Regulations, and RAMS in its application to pyrotechnic articles, or ensure that they are enforced.

(2) In Great Britain, a GB enforcer other than the market surveillance authority may enforce these Regulations and RAMS in its application to pyrotechnic articles.

(3) In Northern Ireland, a NI enforcer other than the market surveillance authority may enforce these Regulations and RAMS in its application to pyrotechnic articles.

(4) Before taking action under paragraphs (2) or (3) a GB enforcer or NI enforcer must notify the market surveillance authority of the proposed action.

(5) The Secretary of State may appoint a person to act on behalf of the Secretary of State for the purposes of enforcing these Regulations and RAMS in its application to pyrotechnic articles.

(6) In Scotland, only the Lord Advocate may prosecute an offence under these Regulations.

(7) In this regulationβ€”

β€œGB enforcer” meansβ€”

(a)

a weights and measures authority;

(b)

the Health and Safety Executive; or

(c)

the Secretary of State;

β€œNI enforcer” meansβ€”

(a)

a district council; or

(b)

the Secretary of State.

Enforcement powers

54.β€”(1)Schedule 7 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act) is to have effect where the enforcing authority isβ€”

(a)a weights and measures authority;

(b)a district council; or

(c)the Secretary of State.

(2)Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act) is to have effect where the enforcing authority is the Health and Safety Executive.

(3) In addition to the powers available to an enforcing authority under paragraph (1) or (2), the authority may use the powers set out in Schedule 9 (compliance, withdrawal and recall notices).

Exercise of enforcement powers

55. When enforcing these Regulations, the enforcing authority must exercise its powers in a manner which is consistent withβ€”

(a)regulation 56 (evaluation of pyrotechnic articles presenting a risk);

(b)regulation 57 (enforcement action in respect of pyrotechnic articles which are not in conformity and which present a risk);

(c)[F82regulation 58 (EU safeguard procedure);F82]

(d)regulation 59 (enforcement action in respect of pyrotechnic articles which are in conformity, but present a risk);

(e)regulation 60 (enforcement action in respect of formal non-compliance); and

(f)regulation 61 (restrictive measures).

Evaluation of pyrotechnic articles presenting a risk

56.β€”(1) Where the market surveillance authority has sufficient reason to believe that a pyrotechnic article presents a risk, the market surveillance authority must carry out an evaluation in relation to the pyrotechnic article covering the relevant requirements of Part 2 applying in respect of that pyrotechnic article.

(2) Where an enforcing authority other than the market surveillance authority has sufficient reason to believe that a pyrotechnic article presents a risk, that enforcing authority may carry out an evaluation in relation to the pyrotechnic article covering the relevant requirements of Part 2 applying in respect of that pyrotechnic article.

Enforcement action in respect of pyrotechnic articles which are not in conformity and which present a riskE33

57.β€”(1) Where, in the course of the evaluation referred to in regulation 56, an enforcing authority finds that the pyrotechnic article is not in conformity with Part 2, it must, without delay, require a relevant economic operator toβ€”

(a)take appropriate corrective actions to bring the pyrotechnic article into conformity with those requirements within a prescribed period;

(b)withdraw the pyrotechnic article within a prescribed period; or

(c)recall the pyrotechnic article within a prescribed period.

(2) The enforcing authority must inform the [F83approvedF83] body which carried out the conformity assessment procedure in respect of the pyrotechnic article ofβ€”

(a)the respect in which the pyrotechnic article is not in conformity with Part 2; and

(b)the actions which the enforcing authority is requiring the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to the United Kingdom, it must notify the Secretary of State ofβ€”

(a)the results of the evaluation; and

(b)the actions which it has required the economic operator to take.

F84(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures toβ€”

(a)prohibit or restrict the pyrotechnic article being made available on the market in the United Kingdom;

(b)withdraw the pyrotechnic article from the United Kingdom market; or

(c)recall the pyrotechnic article.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

F85(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The [F86notice in paragraph (6)F86] must include details about the pyrotechnic article and, in particularβ€”

(a)the data necessary for the identification of the pyrotechnic article which is not in conformity with Part 2;

(b)the origin of the pyrotechnic article;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the lack of conformity is due to either of the followingβ€”

(i)failure of the pyrotechnic article to meet requirements relating to a risk;

(ii)shortcomings in the [F87designatedF87] standards referred to in regulation 39 (presumption of conformity) conferring a presumption of conformity.

(9) In this regulation, β€œprescribed period” means a period which isβ€”

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.

Enforcement action in respect of pyrotechnic articles which are not in conformity and which present a riskE87

57.β€”(1) Where, in the course of the evaluation referred to in regulation 56, an enforcing authority finds that the pyrotechnic article is not in conformity with Part 2, it must, without delay, require a relevant economic operator toβ€”

(a)take appropriate corrective actions to bring the pyrotechnic article into conformity with those requirements within a prescribed period;

(b)withdraw the pyrotechnic article within a prescribed period; or

(c)recall the pyrotechnic article within a prescribed period.

(2) The enforcing authority must inform the notified body which carried out the conformity assessment procedure in respect of the pyrotechnic article ofβ€”

(a)the respect in which the pyrotechnic article is not in conformity with Part 2; and

(b)the actions which the enforcing authority is requiring the relevant economic operator to take.

(3) Where the enforcing authority is not the Secretary of State and it considers that the lack of conformity referred to in paragraph (1) is not restricted to [F193Northern IrelandF193] , it must notify the Secretary of State ofβ€”

(a)the results of the evaluation; and

(b)the actions which it has required the economic operator to take.

(4)[F194Subject to paragraph (4A),F194] where the Secretary of State receives a notice under paragraph (3), or otherwise considers that the lack of conformity referred to in paragraph (1) is not restricted to [F195Northern IrelandF195] , the Secretary of State must inform the European Commission and the other [F196relevant statesF196] ofβ€”

(a)the results of the evaluation; and

(b)the actions which the enforcing authority has required the economic operator to take.

[F197(4A)Paragraph (4) does not require the Secretary of State to inform the Commission or the other relevant states where the lack of conformity extends only to any of England or Wales or Scotland.F197]

(5) Where the relevant economic operator does not take adequate corrective action within the prescribed period, the enforcing authority must take appropriate measures toβ€”

(a)prohibit or restrict the pyrotechnic article being made available on the market in [F198Northern IrelandF198] ;

(b)withdraw the pyrotechnic article from the [F199market in Northern IrelandF199] ; or

(c)recall the pyrotechnic article.

(6) Where the enforcing authority is not the Secretary of State and it takes measures under paragraph (5), it must notify the Secretary of State of those measures without delay.

(7) Where the Secretary of State receives a notice under paragraph (6), or takes measures under paragraph (5), the Secretary of State must notify the European Commission and the other [F200relevant statesF200] of those measures without delay.

(8) The notices in paragraphs (6) and (7) must include details about the pyrotechnic article and, in particularβ€”

(a)the data necessary for the identification of the pyrotechnic article which is not in conformity with Part 2;

(b)the origin of the pyrotechnic article;

(c)the nature of the lack of conformity alleged and the risk involved;

(d)the nature and duration of the measures taken;

(e)the arguments put forward by the relevant economic operator; and

(f)whether the lack of conformity is due to either of the followingβ€”

(i)failure of the pyrotechnic article to meet requirements relating to a risk;

(ii)shortcomings in the harmonised standards referred to in regulation 39 (presumption of conformity) conferring a presumption of conformity.

(9) In this regulation, β€œprescribed period” means a period which isβ€”

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.

EU safeguard procedure

[F8858.β€”(1)Where another [F89relevant stateF89] has initiated the procedure under Article 39 of the Directive (as amended from time to time), each enforcing authority (other than the Secretary of State) must, without delay, inform the Secretary of State ofβ€”

(a)any measures taken by the enforcing authority in respect of the pyrotechnic article; and

(b)any additional information which the enforcing authority has at its disposal relating to the lack of conformity of the pyrotechnic article.

(2)Where another [F90relevant stateF90] has initiated the procedure under Article 39 of the Directive (as amended from time to time), the Secretary of State must, without delay, inform the European Commission and the other [F91relevant statesF91] ofβ€”

(a)any measures taken by an enforcing authority in respect of the pyrotechnic article;

(b)any additional information which an enforcing authority has at its disposal relating to the lack of conformity of the pyrotechnic [F92article.F92]

F93(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a measure taken by another [F94relevant stateF94] in respect of a pyrotechnic article is considered justified under Article 39(7) of the Directive (as amended from time to time), the market surveillance authority must ensure that appropriate measures, such as withdrawal, are taken [F95in Northern IrelandF95] in respect of the pyrotechnic article without delay.

(4)Where a measure taken by another [F96relevant stateF96] in respect of a pyrotechnic article is considered justified by the European Commission under Article 40(1) of the Directive (as amended from time to time), the market surveillance authority must take the necessary measures to ensure that the pyrotechnic article is withdrawn from the [F97market in Northern IrelandF97].

(5)Where the market surveillance authority is not the Secretary of State and it has taken action under paragraph (3) or (4), it must inform the Secretary of State.

(6)Where the Secretary of State receives a notice under paragraph (5) or has taken action under paragraphs (3) or (4), the Secretary of State must inform the European Commission of the action taken [F98in respect of Northern IrelandF98].

(7)If a measure taken by an enforcing authority pursuant to regulation 57 is considered unjustified by the European Commission under Article 40(1) of the Directive (as amended from time to time), the enforcing authority must withdraw that measure [F99in respect of Northern IrelandF99].F88]

Enforcement action in respect of pyrotechnic articles which are in conformity, but present a riskE34

59.β€”(1) Where, having carried out an evaluation under regulation 56, an enforcing authority finds that although a pyrotechnic article is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures toβ€”

(a)ensure that the pyrotechnic article concerned, when placed on the market, no longer presents a risk;

(b)withdraw the pyrotechnic article within a prescribed period; or

(c)recall the pyrotechnic article within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

F100(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The [F101notice referred to in paragraph (2)F101] must include details about the pyrotechnic article and, in particularβ€”

(a)the data necessary for the identification of the pyrotechnic article concerned;

(b)the origin and the supply chain of the pyrotechnic article;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, β€œprescribed period” means a period which isβ€”

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.

Enforcement action in respect of pyrotechnic articles which are in conformity, but present a riskE88

59.β€”(1) Where, having carried out an evaluation under regulation 56, an enforcing authority finds that although a pyrotechnic article is in conformity with Part 2, it presents a risk, the enforcing authority must require a relevant economic operator to take appropriate measures toβ€”

(a)ensure that the pyrotechnic article concerned, when placed on the market, no longer presents a risk;

(b)withdraw the pyrotechnic article within a prescribed period; or

(c)recall the pyrotechnic article within a prescribed period.

(2) Where an enforcing authority is not the Secretary of State and it takes measures under paragraph (1), it must notify the Secretary of State immediately.

(3)[F201Subject to paragraph (3A),F201] where the Secretary of State receives a notice under paragraph (2) or takes measures under paragraph (1), the Secretary of State must notify the European Commission and the other [F202relevant statesF202] immediately.

[F203(3A)Paragraph (3) only applies to measures taken in Northern Ireland.F203]

(4) The notices referred to in paragraphs (2) and (3) must include details about the pyrotechnic article and, in particularβ€”

(a)the data necessary for the identification of the pyrotechnic article concerned;

(b)the origin and the supply chain of the pyrotechnic article;

(c)the nature of the risk involved; and

(d)the nature and duration of the measures taken by the enforcing authority.

(5) In this regulation, β€œprescribed period” means a period which isβ€”

(a)prescribed by the enforcing authority; and

(b)reasonable and commensurate with the nature of the risk presented by the pyrotechnic article.

Enforcement action in respect of formal non-complianceE35

60.β€”(1) Where an enforcing authority makes one of the following findings relating to a pyrotechnic article, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified periodβ€”

(a)the [F102UKF102] markingβ€”

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulations 38 (prohibition on improper use of [F102UKF102] marking) and 42 ( [F102UKF102] marking);

(b)where [F103an approved bodyF103] is involved in the production control phase for the pyrotechnic article, the identification number of [F104the approved bodyF104] β€”

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulation 42;

(c)F105the ... declaration of conformityβ€”

(i)has not been drawn up; or

(ii)F105,F105has been drawn up otherwise than in accordance with regulations 9 (... declaration of conformity and [F106UKF106] marking) and 41 (... declaration of conformity);

(d)the technical documentation is either not available or not complete;

(e)the following information that is required to be included in the labelling of the pyrotechnic article is absent, false or incompleteβ€”

(i)the information specified in paragraph 1(a) and (b) of Schedule 3 (labelling: required information); or

(ii)the information specified in regulation 17(1) (information identifying importer); or

(f)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures toβ€”

(a)restrict or prohibit the pyrotechnic article being made available on the market;

(b)ensure that the pyrotechnic article is withdrawn; or

(c)ensure that the pyrotechnic article is recalled.

(4) This regulation does not apply where a pyrotechnic article presents a risk.

Enforcement action in respect of formal non-complianceE89

60.β€”(1) Where an enforcing authority makes one of the following findings relating to a pyrotechnic article, it must require a relevant economic operator to put an end to the non-compliance concerned within a specified periodβ€”

(a)the CE markingβ€”

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulations 38 (prohibition on improper use of CE marking) and 42 (CE marking);

[F204(aa)the UK(NI) indicationβ€”

(i)has not been affixed, in contravention of regulation 42A; or

(ii)has been affixed other than in accordance with regulation 42A;F204]

(b)where a notified body is involved in the production control phase for the pyrotechnic article, the identification number of the notified bodyβ€”

(i)has not been affixed; or

(ii)has been affixed otherwise than in accordance with regulation 42;

(c)the EU declaration of conformityβ€”

(i)has not been drawn up; or

(ii)has been drawn up otherwise than in accordance with regulations 9 (EU declaration of conformity and CE marking) and 41 (EU declaration of conformity);

(d)the technical documentation is either not available or not complete;

(e)the following information that is required to be included in the labelling of the pyrotechnic article is absent, false or incompleteβ€”

(i)the information specified in paragraph 1(a) and (b) of Schedule 3 (labelling: required information); or

(ii)the information specified in regulation 17(1) (information identifying importer); or

(f)any other administrative requirement imposed on the manufacturer or importer under Part 2 has not been fulfilled.

(2) Until the specified period has elapsed, the enforcing authority must not commence proceedings under these Regulations, or take any other enforcement action under these Regulations, against the relevant economic operator in respect of the non-compliance concerned.

(3) Where the non-compliance referred to in paragraph (1) persists, the enforcing authority must take appropriate measures toβ€”

(a)restrict or prohibit the pyrotechnic article being made available on the market;

(b)ensure that the pyrotechnic article is withdrawn; or

(c)ensure that the pyrotechnic article is recalled.

(4) This regulation does not apply where a pyrotechnic article presents a risk.

Restrictive measures

61. When enforcing these Regulations, an enforcing authority must comply with the requirements of Article 21 of RAMS[F107(as amended from time to time)F107] in relation to any measure toβ€”

(a)prohibit or restrict a pyrotechnic article being made available on the market;

(b)withdraw a pyrotechnic article; or

(c)recall a pyrotechnic article.

Offences

62.β€”(1) It is an offence for a manufacturer to contravene or fail to comply with any requirement ofβ€”

(a)regulation 6 (categorisation);

(b)regulation 7 (design and manufacture in accordance with essential safety requirements);

(c)regulation 8 (technical documentation and conformity assessment);

(d)F108regulation 9 (... declaration of conformity and [F109UK markingF109] );

(e)F110regulation 10 (retention of technical documentation and ... declaration of conformity);

(f)regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles);

(g)regulation 12 (labelling of pyrotechnic articles for vehicles);

(h)regulation 13 (compliance procedures for series production);

(i)regulation 20 (traceability);

(j)regulation 21 (monitoring);

(k)regulation 22 (duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity);

(l)regulation 23 (provision of information and cooperation);

(m)regulation 31 (prohibition on making available to persons younger than the minimum age limit);

(n)regulation 32 (prohibition on making available to persons without specialist knowledge);

(o)regulation 33 (prohibitions on making available certain category F2 and F3 fireworks);

(p)regulation 34 (prohibition on making pyrotechnic articles for vehicles available to members of the general public);

(q)regulation 35 (supply of [F111UKF111] safety data sheet);

(r)F112regulation 36 (translation of ... declaration of conformity);

(s)regulation 37 (identification of economic operators);

(t)regulation 38 (prohibition on improper use of [F113UK markingF113] ).

(2) It is an offence for an importer to contravene or fail to comply with any requirement ofβ€”

(a)regulation 14 (prohibition on placing on the market pyrotechnic articles which are not in conformity);

(b)regulation 15 (requirements which must be satisfied before an importer places a pyrotechnic article on the market);

(c)regulation 16 (prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements);

(d)regulation 17 (information identifying importer);

(e)regulation 18 (instructions and safety information);

(f)F114regulation 19 (retention of technical documentation and ... declaration of conformity);

(g)regulation 20;

(h)regulation 21;

(i)regulation 22;

(j)regulation 23;

(k)regulation 29 (storage and transport);

(l)regulation 31;

(m)regulation 32;

(n)regulation 33;

(o)regulation 34;

(p)regulation 35;

(q)regulation 36;

(r)regulation 37;

(s)regulation 38.

(3) It is an offence for a distributor to contravene or fail to comply with any requirement ofβ€”

(a)regulation 24 (duty to act with due care);

(b)regulation 25 (requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market);

(c)regulation 26 (prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements);

(d)regulation 27 (duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity);

(e)regulation 28 (provision of information and cooperation);

(f)regulation 29;

(g)regulation 31;

(h)regulation 32;

(i)regulation 33;

(j)regulation 34;

(k)regulation 35;

(l)regulation 36;

(m)regulation 37;

(n)regulation 38.

(4) It is an offence for a conformity assessment body to fail to comply with regulation 49(5) (changes to notifications).

(5) It is an offence for any person to contravene or fail to comply with any requirement of a notice, other than a compliance notice, served on that person by an enforcing authority under these Regulations.

(6) It is an offence for any personβ€”

(a)intentionally to obstructβ€”

(i)F115an enforcing authority (or officer of such authority) acting in pursuance of its powers and duties under these Regulations or Article 19 of RAMS ...;

(ii)a customs officer facilitating the action of an enforcing authority under these Regulations; or

(b)F115knowingly or recklessly to provide any statement, information, document or record which is false or misleading in a material respect in purported compliance with any requirement of these Regulations or Article 19 of RAMS ....

(7) It is an offence for a person who is not authorised to act on behalf of an enforcing authority to purport to exercise any of the powers of the enforcing authority under these Regulations or RAMS.

Offences

62.β€”(1) It is an offence for a manufacturer to contravene or fail to comply with any requirement ofβ€”

(a)regulation 6 (categorisation);

(b)regulation 7 (design and manufacture in accordance with essential safety requirements);

(c)regulation 8 (technical documentation and conformity assessment);

(d)regulation 9 (EU declaration of conformity and CE marking);

(e)regulation 10 (retention of technical documentation and EU declaration of conformity);

(f)regulation 11 (labelling of pyrotechnic articles other than pyrotechnic articles for vehicles);

(g)regulation 12 (labelling of pyrotechnic articles for vehicles);

(h)regulation 13 (compliance procedures for series production);

(i)regulation 20 (traceability);

(j)regulation 21 (monitoring);

(k)regulation 22 (duty to take action in respect of pyrotechnic articles placed on the market which are considered not to be in conformity);

(l)regulation 23 (provision of information and cooperation);

(m)regulation 31 (prohibition on making available to persons younger than the minimum age limit);

(n)regulation 32 (prohibition on making available to persons without specialist knowledge);

(o)regulation 33 (prohibitions on making available certain category F2 and F3 fireworks);

(p)regulation 34 (prohibition on making pyrotechnic articles for vehicles available to members of the general public);

(q)regulation 35 (supply of safety data sheet);

(r)regulation 36 (translation of EU declaration of conformity);

(s)regulation 37 (identification of economic operators);

(t)regulation 38 (prohibition on improper use of CE marking).

(2) It is an offence for an importer to contravene or fail to comply with any requirement ofβ€”

(a)regulation 14 (prohibition on placing on the market pyrotechnic articles which are not in conformity);

(b)regulation 15 (requirements which must be satisfied before an importer places a pyrotechnic article on the market);

(c)regulation 16 (prohibition on placing on the market pyrotechnic articles considered not to be in conformity with the essential safety requirements);

(d)regulation 17 (information identifying importer);

(e)regulation 18 (instructions and safety information);

(f)regulation 19 (retention of technical documentation and EU declaration of conformity);

(g)regulation 20;

(h)regulation 21;

(i)regulation 22;

(j)regulation 23;

(k)regulation 29 (storage and transport);

(l)regulation 31;

(m)regulation 32;

(n)regulation 33;

(o)regulation 34;

(p)regulation 35;

(q)regulation 36;

(r)regulation 37;

(s)regulation 38.

(3) It is an offence for a distributor to contravene or fail to comply with any requirement ofβ€”

(a)regulation 24 (duty to act with due care);

(b)regulation 25 (requirements which must be satisfied before a distributor makes a pyrotechnic article available on the market);

(c)regulation 26 (prohibition on making available on the market where pyrotechnic article not considered to be in conformity with the essential safety requirements);

(d)regulation 27 (duty to take action in respect of pyrotechnic articles made available on the market which are not in conformity);

(e)regulation 28 (provision of information and cooperation);

(f)regulation 29;

(g)regulation 31;

(h)regulation 32;

(i)regulation 33;

(j)regulation 34;

(k)regulation 35;

(l)regulation 36;

(m)regulation 37;

(n)regulation 38.

(4) It is an offence for a conformity assessment body to fail to comply with regulation 49(5) (changes to notifications).

(5) It is an offence for any person to contravene or fail to comply with any requirement of a notice, other than a compliance notice, served on that person by an enforcing authority under these Regulations.

(6) It is an offence for any personβ€”

(a)intentionally to obstructβ€”

(i)an enforcing authority (or officer of such authority) acting in pursuance of its powers and duties under these Regulations or Article 19 of RAMS (as amended from time to time);

(ii)a customs officer facilitating the action of an enforcing authority under these Regulations; or

(b)knowingly or recklessly to provide any statement, information, document or record which is false or misleading in a material respect in purported compliance with any requirement of these Regulations or Article 19 of RAMS (as amended from time to time).

(7) It is an offence for a person who is not authorised to act on behalf of an enforcing authority to purport to exercise any of the powers of the enforcing authority under these Regulations or RAMS.

PenaltiesE36

63.β€”(1) A person guilty of an offence under regulation 62 in respect of a category F1 firework, a category F2 firework, or a category F3 firework is liable on summary convictionβ€”

(a)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.

(2) A person guilty of an offence under regulation 62 in respect of a pyrotechnic article to which paragraph (1) does not apply is liableβ€”

(a)on summary convictionβ€”

(i)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;

(ii)in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 3 months or to both;

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or to both.

PenaltiesE90

63.β€”(1) A person guilty of an offence under regulation 62 in respect of a category F1 firework, a category F2 firework, or a category F3 firework is liable on summary convictionβ€”

(a)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;

(b)in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding 3 months or to both.

(2)[F205Except as provided in paragraph (3),F205] a person guilty of an offence under regulation 62 in respect of a pyrotechnic article to which paragraph (1) does not apply is liableβ€”

(a)on summary convictionβ€”

(i)in England and Wales, to a fine or imprisonment for a term not exceeding 3 months or to both;

(ii)in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding 3 months or to both;

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years or to both.

[F206(3)A person guilty of an offence under regulation 62(5) insofar as the requirement relates to a UK(NI) indication is liable on summary conviction to a fine not exceeding level 5 on the standard scale.F206]

Defence of due diligence

64.β€”(1) Subject to paragraph (2), (4) and (6), in proceedings for an offence under regulation 62, it is a defence for a person (β€œP”) to show that P took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) P may not rely on a defence under paragraph (1) which involves a third party allegation unless P hasβ€”

(a)served a notice in accordance with paragraph (3); or

(b)obtained the leave of the court.

(3) The notice mustβ€”

(a)give any information in P's possession which identifies or assists in identifying the person whoβ€”

(i)committed the act or default; or

(ii)supplied the information on which P relied.

(b)be served on the person bringing the proceedings not less than 7 clear days beforeβ€”

(i)in England, Wales and Northern Ireland, the hearing of the proceedings;

(ii)in Scotland, the trial diet.

(4) P may not rely on a defence under paragraph (1) which involves an allegation that the commission of the offence was due to reliance on information supplied by another person unless it was reasonable for P to have relied upon the information, having regard in particularβ€”

(a)to the steps that P took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b)to whether P had any reason to disbelieve the information.

(5) In this regulation, β€œthird party allegation” means an allegation that the commission of the offence was dueβ€”

(a)to the act or default of another person; or

(b)to reliance on information supplied by another person.

(6) This regulation does not apply in respect of proceedings for offences under regulation 62(6).

Liability of persons other than principal offender

65.β€”(1) Where the commission of an offence by one person (β€œA”) under regulation 62 is due to anything which another person (β€œB”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

(2) Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committedβ€”

(a)with the consent or connivance of the relevant person; or

(b)as a result of the negligence of the relevant person.

(3) In paragraph (2), β€œrelevant person” meansβ€”

(a)a director, manager, secretary or other similar officer of the body corporate;

(b)in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;

(c)in relation to a Scottish partnership, a partner; or

(d)a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).

Time limit for prosecution of offences

66.β€”(1) Subject to paragraph (4), in England and Wales, an information relating to an offence under regulation 62 that is triable by a magistrates' court may be so tried if it is laid within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

(2) Subject to paragraph (4), in Scotlandβ€”

(a)summary proceedings for an offence under regulation 62 may be commenced before the end of 12 months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the Lord Advocate's knowledge; and

(b)section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.

(3) Subject to paragraph (4), in Northern Ireland summary proceedings for an offence under regulation 62 may be instituted within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.

(4) No proceedings may be brought more than 3 years after the commission of the offence.

(5) For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which the evidence referred to paragraphs (1), (2) or (3) came to light, is conclusive evidence.

(6) This regulation has effect subject to paragraphs 1(o) and 2(n) of Schedule 8 (enforcement powers of the Health and Safety Executive under the 1974 Act).

Service of documents

67.β€”(1) Any document required or authorised by these Regulations to be served on a person may be served byβ€”

(a)delivering it to that person in person;

(b)leaving it at that person's proper address; or

(c)sending it by post or electronic means to that person's proper address.

(2) In the case of a body corporate, a document may be served on a director of that body.

(3) In the case of a partnership, a document may be served on a partner or a person having control or management of the partnership business.

(4) For the purposes of this regulation, β€œproper address” meansβ€”

(a)in the case of a body corporate or its directorβ€”

(i)the registered or principal office of that body; or

(ii)the email address of the secretary or clerk of that body;

(b)in the case of a partnership, a partner or person having control or management of the partnership businessβ€”

(i)the principal office of the partnership; or

(ii)the email address of a partner or person having that control or management;

(c)in any other case, a person's last known address, which includes an email address.

(5) If a person to be served with a document has specified an address in the United Kingdom (other than that person's proper address) at which that person or someone on that person's behalf will accept service, that address must also be treated as that person's proper address.

(6) In this regulation, β€œpartnership” includes a Scottish partnership.

Recovery of expenses of enforcement

68.β€”(1) This regulation applies where a person commits an offence under regulation 62.

(2) The court may (in addition to any other order it may make as to costs or expenses) order the person to reimburse the enforcing authority for any expenditure which the enforcing authority has incurred in investigating the offence.

Action by enforcing authority

69.β€”(1) An enforcing authority may itself take action which an economic operator could have been required to take by a notice served under these Regulations where the conditions for serving such a notice are met and eitherβ€”

(a)the enforcing authority has been unable to identify any economic operator on whom to serve such a notice; or

(b)the economic operator on whom such a notice has been served has failed to comply with it.

(2) If the enforcing authority has taken action as a result of the condition in paragraph (1)(b) being met, the authority may recover from the economic operator, as a civil debt, any costs or expenses reasonably incurred by the enforcing authority in taking the action.

(3) A civil debt recoverable under paragraph (2) may be recovered summarilyβ€”

(a)in England and Wales by way of a complaint pursuant to section 58 of the Magistrates' Courts Act 1980;

(b)in Northern Ireland in proceedings under article 62 of the Magistrates' Court (Northern Ireland) Order 1981.

Appeals against notices

70.β€”(1) An application for an order to vary or set aside the terms of a notice served under these Regulations may be madeβ€”

(a)by the economic operator on whom the notice has been served; and

(b)in the case of a notice other than a recallnotice, by a person having an interest in the pyrotechnic article in respect of which the notice has been served.

(2) An application must be made before the end of the period of 21 days beginning with the day on which the notice was served.

(3) The appropriate court may only make an order setting aside a notice served under these Regulations if satisfiedβ€”

(a)that the pyrotechnic article to which the notice relates is in conformity with Part 2 and does not present a risk; or

(b)that the enforcing authority failed to comply with regulation 55 (exercise of enforcement powers) when serving the notice.

(4) On an application to vary the terms of a notice served under these Regulations, the appropriate court may vary the terms of the notice as it considers appropriate.

(5) In this regulationβ€”

(a)the β€œappropriate court” is to be determined in accordance with regulation 71 (appropriate court for appeals against notices); and

(b)β€œnotice” means any of the followingβ€”

(i)a prohibition notice served in accordance with Schedule 7 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act);

(ii)a notice to warn served in accordance with Schedule 7;

(iii)a suspension notice served in accordance with Schedule 7;

(iv)a compliance notice served in accordance with Schedule 9 (compliance, withdrawal and recall notices);

(v)a withdrawal notice served in accordance with Schedule 9;

(vi)a recallnotice served in accordance with Schedule 9.

Appropriate court for appeals against notices

71.β€”(1) In England and Wales or Northern Ireland, the appropriate court for the purposes of regulation 70 isβ€”

(a)the court in which proceedings have been brought in relation to the pyrotechnic article for an offence under regulation 62 (offences);

(b)an 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 8 (enforcement powers of the Health and Safety Executive under the 1974 Act); or

(c)in any other case, a magistrates' court.

(2) In Scotland, the appropriate court for the purposes of regulation 70 isβ€”

(a)the sheriff of a sheriffdom in which the person making the appeal resides or has a registered or principal office; or

(b)an 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 8.

(3) A person aggrieved by an order made by a magistrates' court in England and Wales or Northern Ireland pursuant to an application under regulation 70, or by a decision of such a court not to make such an order, may appeal against that order or decisionβ€”

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

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

Compensation

72.β€”(1) Where an enforcing authority serves a relevant notice in respect of a pyrotechnic article, the enforcing authority is liable to pay compensation to a person having an interest in the pyrotechnic article for any loss or damage suffered by reason of the notice if both of the conditions in paragraph (2) are met.

(2) The conditions are thatβ€”

(a)the pyrotechnic article in respect of which the relevant notice was served neitherβ€”

(i)presents a risk; nor

(ii)contravenes any requirement of these Regulations; and

(b)the exercise of the power to serve the relevant notice was not attributable to neglect or default by a relevant economic operator.

(3) In this regulation, β€œrelevant notice” meansβ€”

(a)in respect of the Health and Safety Executive, a withdrawal notice served in accordance with paragraph 2 of Schedule 9;

(b)in respect of any other enforcing authorityβ€”

(i)a suspension notice served in accordance with Schedule 7;

(ii)a withdrawal notice served in accordance with paragraph 2 of Schedule 9; or

(iii)a recall notice served in accordance with paragraph 3 of Schedule 9.

PART 6Miscellaneous

ReviewE37

73.β€”(1) The Secretary of State must from time to timeβ€”

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other member States.

(3) The report must, in particularβ€”

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published no later than 5 years after the commencement date.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

ReviewE91

73.β€”(1) The Secretary of State must from time to timeβ€”

(a)carry out a review of these Regulations;

(b)set out the conclusions of the review in a report; and

(c)publish the report.

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other [F207relevant statesF207] .

(3) The report must, in particularβ€”

(a)set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b)assess the extent to which those objectives are achieved; and

(c)assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published no later than 5 years after the commencement date.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

Transitional provisionsE38

74.β€”(1) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010 and which is of one of the following categoriesβ€”

(a)a category F1 firework;

(b)a category F2 firework; or

(c)a category F3 firework.

(2) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013 and which is of one of the following categoriesβ€”

(a)a category F4 firework;

(b)a category T1 theatrical pyrotechnic article;

(c)a category T2 theatrical pyrotechnic article;

(d)a category P1 other pyrotechnic article; or

(e)a category P2 other pyrotechnic article.

(3) On 5th July 2017 the following provisions cease to have effectβ€”

(a)paragraph (1); and

(b)paragraph (2), except to the extent that it applies to a pyrotechnic article for a vehicle (including as spare parts).

(4) The following regulations apply to pyrotechnic articles falling within paragraphs (1) and (2)β€”

(a)regulation 31 (prohibition on making available to persons younger than the minimum age limit);

(b)regulation 32 (prohibition on making available to persons without specialist knowledge); or

(c)regulation 33 (prohibition on making available certain category F2 or category F3 fireworks).

(5) For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body under regulation 44(1) of the 2010 Regulations, or any enactment of [F116aF116] member State which implemented the 2007 Directive, is to be treated as a certificate issued or approval granted under Annex II to the Directive.

M15(6) In this regulation, β€œ2007 Directive” means Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles .

Transitional provisionsE92

74.β€”(1) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2010 and which is of one of the following categoriesβ€”

(a)a category F1 firework;

(b)a category F2 firework; or

(c)a category F3 firework.

(2) Subject to paragraphs (3) and (4), the provisions of Part 2 (and of Part 5, so far as applying in relation to obligations under Part 2) do not apply in respect of a design of pyrotechnic article which was lawfully manufactured or placed on the market in the United Kingdom immediately before 4th July 2013 and which is of one of the following categoriesβ€”

(a)a category F4 firework;

(b)a category T1 theatrical pyrotechnic article;

(c)a category T2 theatrical pyrotechnic article;

(d)a category P1 other pyrotechnic article; or

(e)a category P2 other pyrotechnic article.

(3) On 5th July 2017 the following provisions cease to have effectβ€”

(a)paragraph (1); and

(b)paragraph (2), except to the extent that it applies to a pyrotechnic article for a vehicle (including as spare parts).

(4) The following regulations apply to pyrotechnic articles falling within paragraphs (1) and (2)β€”

(a)regulation 31 (prohibition on making available to persons younger than the minimum age limit);

(b)regulation 32 (prohibition on making available to persons without specialist knowledge); or

(c)regulation 33 (prohibition on making available certain category F2 or category F3 fireworks).

(5) For the purposes of these Regulations, a certificate issued, or approval granted, by a notified body under regulation 44(1) of the 2010 Regulations, or any enactment of another [F208relevant stateF208] which implemented the 2007 Directive, is to be treated as a certificate issued or approval granted under Annex II to the Directive.

F209(6) In this regulation, β€œ2007 Directive” means Directive 2007/23/EC of the European Parliament and of the Council on the placing on the market of pyrotechnic articles .

[F117Transitional provision in relation to EU Exit

74A.β€”(1)In this regulationβ€”

β€œpre-exit period” means the period beginning with the commencement date and ending immediately before IP completion day; and

β€œproduct” means a pyrotechnic article to which these Regulations apply.

(2)Subject to paragraph (3), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 19 to the Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019 any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that product.

(3)Paragraph (2) does not apply toβ€”

(a)any obligation of any enforcing authority to inform the European Commission or the member state of any matter;

(b)any obligation to take action outside the market in respect of that product.

F118(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F118(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F117]

Consequential revocations, savings and amendmentsE39

M1675.β€”(1) Subject to paragraph (2), the 2010 Regulations and the Pyrotechnic Articles (Safety)(Amendment) Regulations 2013 are revoked.

(2)[F119Subject to the modifications made to the 2010 Regulations in paragraph (2A), theF119] enactments referred to in paragraph (1) continue to apply, as if they had not been revoked, toβ€”

(a)an article placed on the market before the commencement date;

(b)a pyrotechnic article to which regulation 74(1) or (2) applies.

[F120(2A)The modifications referred to in paragraph (2) are as followsβ€”

(a)in regulations 18(3) and 36(3), for β€œEU” substitute β€œ UK ”;

(b)in regulation 13, omit paragraph (4);

(c)in regulation 19β€”

(i)omit paragraphs (9) and (11); and

(ii)for paragraph (10) substituteβ€”

β€œ(10)Where the Secretary of State has sufficient reason to believe that a category 1,2 or 3 firework presents a serious risk to the health or safety of persons in the UK, the Secretary of State shall perform an appropriate evaluation.”

(d)in regulation 30 omit paragraph (4);

(e)in regulation 37β€”

(i)omit paragraphs (10) and (12); and

(ii)for paragraph (11) substituteβ€”

β€œ(11)Where the Secretary of State has sufficient reason to believe that a pyrotechnic article presents a serious risk to the health or safety of persons in the UK, the Secretary of State shall perform an appropriate evaluation.”.F120]

M17(3) In section 31 of the Explosives Act 1875, for subsections (2) to (5), substituteβ€”

β€œ(2)Subsection (1) does not apply toβ€”

(a)pyrotechnic articles within the meaning set out in regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015; or

(b)percussion caps intended specifically for toys within the meaning set out in regulation 4(2) of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).”.

M18(4) Paragraph (3) of this regulation, and regulation 49(1) of the 2010 Regulations, cease to have effect when the repeal of section 31 of the Explosives Act 1875(by section 15 of, and the Schedule to, the Fireworks Act 2003) comes into force.

M19(5)The Fireworks Regulations 2004 are amended as set out in Schedule 10 (consequential amendments to the Fireworks Regulations 2004).

M20(6) The Explosives (Fireworks) Regulations (Northern Ireland) 2002 are amended as set out in Schedule 11 (consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002).

Consequential revocations, savings and amendmentsE93

F21075.β€”(1) Subject to paragraph (2), the 2010 Regulations and the Pyrotechnic Articles (Safety)(Amendment) Regulations 2013 are revoked.

(2) The enactments referred to in paragraph (1) continue to apply, as if they had not been revoked, toβ€”

(a)an article placed on the market before the commencement date;

(b)a pyrotechnic article to which regulation 74(1) or (2) applies.

F211(3) In section 31 of the Explosives Act 1875, for subsections (2) to (5), substituteβ€”

β€œ(2)Subsection (1) does not apply toβ€”

(a)pyrotechnic articles within the meaning set out in regulation 3 of the Pyrotechnic Articles (Safety) Regulations 2015; or

(b)percussion caps intended specifically for toys within the meaning set out in regulation 4(2) of the Toys (Safety) Regulations 2011 (S.I. 2011/1881).”.

F212(4) Paragraph (3) of this regulation, and regulation 49(1) of the 2010 Regulations, cease to have effect when the repeal of section 31 of the Explosives Act 1875(by section 15 of, and the Schedule to, the Fireworks Act 2003) comes into force.

F213(5)The Fireworks Regulations 2004 are amended as set out in Schedule 10 (consequential amendments to the Fireworks Regulations 2004).

F214(6) The Explosives (Fireworks) Regulations (Northern Ireland) 2002 are amended as set out in Schedule 11 (consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002).

Anna Soubry

Minister of State for Small Business, Industry and Enterprise

Department for Business, Innovation and Skills

Regulation 2(1)

SCHEDULE 1Categories of pyrotechnic article

Fireworks

1.Category F1 fireworks are 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.

2.Category F2 fireworks are fireworks which present a low hazard and low noise level and which are intended for outdoor use in confined areas.

3.Category F3 fireworks are 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.

4.Category F4 fireworks are fireworks which present a high hazard, which are intended for use only by persons with specialist knowledge and whose noise level is not harmful to human health.

Theatrical pyrotechnic articles

5.Category T1 theatrical pyrotechnic articles are theatrical pyrotechnic articles which present a low hazard.

6.Category T2 theatrical pyrotechnic articles are theatrical pyrotechnic articles which are intended for use only by persons with specialist knowledge.

Other pyrotechnic articles

7.Category P1 other pyrotechnic articles are pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which present a low hazard.

8.Category P2 other pyrotechnic articles are pyrotechnic articles, other than fireworks and theatrical pyrotechnic articles, which are intended for handling or use only by persons with specialist knowledge.

Regulation 2(1)

SCHEDULE 2Essential safety requirementsE40,E94

1.β€”(1) Each pyrotechnic article must attain the performance characteristics specified by the manufacturer to the [F121approvedF121] body 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.

(4) Each pyrotechnic article must be tested under realistic conditions.

(5) If it is not possible to meet the requirement in sub-paragraph (4) in a laboratory, the tests must be carried out in the conditions in which the pyrotechnic article is to be used.

(6) The following information and properties, where applicable, must be considered or testedβ€”

(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 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 articles 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;

(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.

(7) During transportation and normal handling, unless specified by the manufacturer's instructions, the pyrotechnic article must contain the pyrotechnic composition.

(8)Pyrotechnic articles must not contain detonative explosives other than black powder and flash composition, except for pyrotechnic articles of categories P1, P2, T2 and fireworks of category F4 meeting the following conditionsβ€”

(a)the detonative explosive cannot be easily extracted from the pyrotechnic article;

(b)for category P1, the pyrotechnic article cannot function in a detonative manner, or cannot, as designed and manufactured, initiate secondary explosives;

(c)for categories F4, T2 and P2, the pyrotechnic article is designed and intended not to function in a detonative manner, or if designed to detonate, it cannot as designed and manufactured initiate secondary explosives.

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

1.β€”(1) Each pyrotechnic article must attain the performance characteristics specified by the manufacturer to the notified body 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.

(4) Each pyrotechnic article must be tested under realistic conditions.

(5) If it is not possible to meet the requirement in sub-paragraph (4) in a laboratory, the tests must be carried out in the conditions in which the pyrotechnic article is to be used.

(6) The following information and properties, where applicable, must be considered or testedβ€”

(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 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 articles 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;

(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.

(7) During transportation and normal handling, unless specified by the manufacturer's instructions, the pyrotechnic article must contain the pyrotechnic composition.

(8)Pyrotechnic articles must not contain detonative explosives other than black powder and flash composition, except for pyrotechnic articles of categories P1, P2, T2 and fireworks of category F4 meeting the following conditionsβ€”

(a)the detonative explosive cannot be easily extracted from the pyrotechnic article;

(b)for category P1, the pyrotechnic article cannot function in a detonative manner, or cannot, as designed and manufactured, initiate secondary explosives;

(c)for categories F4, T2 and P2, the pyrotechnic article is designed and intended not to function in a detonative manner, or if designed to detonate, it cannot as designed and manufactured initiate secondary explosives.

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

Fireworks

2.β€”(1) The manufacturer must assign fireworks to different categories according to regulation 6 (categorisation), characterised by net explosive content, safety distances, noise level, or similar. The category must be indicated on the label.

(2) For category F1 fireworks, the following conditions must be metβ€”

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

(ii)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;

(iii)the category must not comprise bangers, bangerbatteries, flash bangers and flash bangerbatteries;

(iv)throwdowns must not contain more than 2.5 mg silver fulminate.

(3) For category F2 fireworks, the following conditions must be metβ€”

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

(ii)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 F3 fireworks, the following conditions must be metβ€”

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

(ii)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)Category F1 fireworks, category F2 fireworks and category F3 fireworks must be protected against inadvertent ignition either by a protective cover, by the packaging or by the construction of the pyrotechnic article.

(9)Category F4 fireworks must be protected against inadvertent ignition by methods specified by the manufacturer.

Other pyrotechnic articles

3.β€”(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 β€œuse by” date specified by the manufacturer.

Ignition devices

4.β€”(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 pyrotechnic article.

(6) The electrical characteristics of electric igniters must be provided with the pyrotechnic 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.

Regulations 2(3), 8, 40(a), 41(b), 48(3)(a)

[F122SCHEDULEΒ 2AConformity Assessment Procedures (Annex II to the Directive)

PART 1Module B: Type Examination

1.Type examination is the part of a conformity assessment procedure in which an approved body examines the technical design of a pyrotechnic article and verifies and attests that the technical design of the pyrotechnic article meets the requirements of these Regulations that apply to it.

2.Type examination shall be carried out as an assessment of the adequacy of the technical design of the pyrotechnic article through examination of the technical documentation and supporting evidence referred to in point 3, plus examination of a specimen, representative of the production envisaged, of the complete product (combination of production type and design type).

3.The manufacturer shall lodge an application for a Type examination with a single approved body of his choice.

The application shall include:

(a)the name and address of the manufacturer;

(b)a written declaration that the same application has not been lodged with any other approved body;

(c)the technical documentation. The technical documentation shall make it possible to assess the pyrotechnic article's conformity with the applicable requirements of these Regulations and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the pyrotechnic article. The technical documentation shall contain, wherever applicable, at least the following elements:

(i)a general description of the pyrotechnic article;

(ii)conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

(iii)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;

(iv)a list of the designated standards applied in full or in part and, where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of these Regulations including a list of other relevant technical specifications applied. In the case of partly applied designated standards, the technical documentation shall specify the parts which have been applied;

(v)results of design calculations made, examinations carried out, etc.;

(vi)test reports;

(d)the specimens representative of the production envisaged. The approved body may request further specimens if needed for carrying out the test programme;

(e)the supporting evidence for the adequacy of the technical design solution. This supporting evidence shall mention any documents that have been used, in particular where the relevant designated standards have not been applied in full. The supporting evidence shall include, where necessary, the results of tests carried out in accordance with other relevant technical specifications by the appropriate laboratory of the manufacturer, or by another testing laboratory on his behalf and under his responsibility.

4.The approved body shall:

For the pyrotechnic article:

4.1.Examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the pyrotechnic article.

For the specimen(s):

4.2.Verify that the specimen(s) have been manufactured in conformity with the technical documentation, and identify the elements which have been designed in accordance with the applicable provisions of the relevant designated standards, as well as the elements which have been designed in accordance with other relevant technical specifications;

4.3.Carry out appropriate examinations and tests, or have them carried out, to check whether, where the manufacturer has chosen to apply the solutions in the relevant designated standards, these have been applied correctly;

4.4.Carry out appropriate examinations and tests, or have them carried out, to check whether, where the solutions in the relevant designated standards have not been applied, the solutions adopted by the manufacturer, including those in other relevant technical specifications applied, meet the corresponding essential safety requirements of these Regulations;

4.5.Agree with the manufacturer on a location where the examinations and tests will be carried out.

5.The approved body shall draw up an evaluation report that records the activities undertaken in accordance with point 4 and their outcomes. Without prejudice to its obligations vis-Γ  vis the Secretary of State, the approved body shall release the content of that report, in full or in part, only with the agreement of the manufacturer.

6.Where the type meets the requirements of these Regulations that apply to the pyrotechnic article concerned, the approved body shall issue a Type examination certificate to the manufacturer. That certificate shall contain the name and address of the manufacturer, the conclusions of the examination, the conditions (if any) for its validity and the necessary data for identification of the approved type. The Type examination certificate may have one or more annexes attached.

The Type examination certificate and its annexes shall contain all relevant information to allow the conformity of manufactured pyrotechnic articles with the examined type to be evaluated and to allow for in-service control.

Where the type does not satisfy the applicable requirements of these Regulations, the approved body shall refuse to issue a Type examination certificate and shall inform the applicant accordingly, giving detailed reasons for its refusal.

7.The approved body shall keep itself apprised of any changes in the generally acknowledged state of the art which indicate that the approved type may no longer comply with the applicable requirements of these Regulations, and shall determine whether such changes require further investigation. If so, the approved body shall inform the manufacturer accordingly.

The manufacturer shall inform the approved body that holds the technical documentation relating to the Type examination certificate of all modifications to the approved type that may affect the conformity of the pyrotechnic article with the essential safety requirements of these Regulations or the conditions for validity of that certificate. Such modifications shall require additional approval in the form of an addition to the original Type examination certificate.

8.Each approved body shall inform the Secretary of State concerning the Type examination certificates and/or any additions thereto which it has issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of such certificates and/or any additions thereto refused, suspended or otherwise restricted.

Each approved body shall inform the other approved bodies concerning the Type examination certificates and/or any additions thereto which it has refused, withdrawn, suspended or otherwise restricted, and, upon request, concerning such certificates and/or additions thereto which it has issued.

The Secretary of State and other approved bodies may, on request, obtain a copy of the Type examination certificates and/or additions thereto. On request the Secretary of State may obtain a copy of the technical documentation and the results of the examinations carried out by the approved body. The approved body shall keep a copy of the Type examination certificate, its annexes and additions, as well as the technical file including the documentation submitted by the manufacturer, until the expiry of the validity of that certificate.

9.The manufacturer shall keep a copy of the Type examination certificate, its annexes and additions together with the technical documentation at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.

PART 2Module C2: Conformity to type based on internal production control plus supervised product checks at random intervals

1.Conformity to type based on internal production control plus supervised product checks at random intervals is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 4, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

2.Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic articles with the type described in the Type examination certificate and with the requirements of these Regulations that apply to them.

3.Product checks

An approved body, chosen by the manufacturer, shall carry out product checks or have them carried out at random intervals determined by the body, in order to verify the quality of the internal checks on the pyrotechnic article, taking into account, inter alia, the technological complexity of the pyrotechnic articles and the quantity of production. An adequate sample of the final products, taken on site by the approved body before the placing on the market, shall be examined and appropriate tests as identified by the relevant parts of the designated standards and/or equivalent tests set out in other relevant technical specifications, shall be carried out to check the conformity of the pyrotechnic article with the type described in the Type examination certificate and with the relevant requirements of these Regulations. Where a sample does not conform to the acceptable quality level, the body shall take appropriate measures.

The acceptance sampling procedure to be applied is intended to determine whether the manufacturing process of the pyrotechnic article performs within acceptable limits, with a view to ensuring conformity of the pyrotechnic article.

The manufacturer shall, under the responsibility of the approved body, affix the approved body's identification number during the manufacturing process.

4.UK marking and declaration of conformity

4.1.The manufacturer shall affix the UK marking to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.

4.2.The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant authorities upon request.

PART 3Module D: Conformity to type based on quality assurance of the production process

1.Conformity to type based on quality assurance of the production process is the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

2.Manufacturing

The manufacturer shall operate an approved quality system for production, final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

3.Quality system

3.1.The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.

The application shall include:

(a)the name and address of the manufacturer;

(b)a written declaration that the same application has not been lodged with any other approved body;

(c)all relevant information for the pyrotechnic article category envisaged;

(d)the documentation concerning the quality system;

(e)the technical documentation of the approved type and a copy of the Type examination certificate.

3.2.The quality system shall ensure that the pyrotechnic articles are in conformity with the type described in the Type examination certificate and comply with the requirements of these Regulations that apply to them.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall, in particular, contain an adequate description of:

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(c)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(d)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.; and

(e)the means of monitoring the achievement of the required product quality and the effective operation of the quality system.

3.3.The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.

In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in point 3.1(e) to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3.5.The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.

The approved body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4.Surveillance under the responsibility of the approved body

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.The manufacturer shall, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a)the quality system documentation;

(b)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4.3.The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4.In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5.UK marking and declaration of conformity

5.1.The manufacturer shall affix the UK marking, and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.

5.2.The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant authorities upon request.

6.The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a)the documentation referred to in point 3.1;

(b)the information relating to the change referred to in point 3.5, as approved;

(c)the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.

7.Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.

Each approved body shall inform the other approved bodies of quality system approvals which it has refused, suspended, withdrawn or otherwise restricted, and, upon request, of quality system approvals which it has issued.

PART 4Module E: Conformity to type based on product quality assurance

1.Conformity to type based on product quality assurance is that part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned are in conformity with the type described in the Type examination certificate and satisfy the requirements of these Regulations that apply to them.

2.Manufacturing

The manufacturer shall operate an approved quality system for final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

3.Quality system

3.1.The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.

The application shall include the following information:

(a)the name and address of the manufacturer;

(b)a written declaration that the same application has not been lodged with any other approved body;

(c)all relevant information for the pyrotechnic article category envisaged;

(d)the documentation concerning the quality system;

(e)the technical documentation of the approved type and a copy of the Type examination certificate.

3.2.The quality system shall ensure compliance of the pyrotechnic articles with the type described in the Type examination certificate and with the applicable requirements of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. The quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall, in particular, contain an adequate description of:

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality;

(b)the examinations and tests that will be carried out after manufacture;

(c)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.;

(d)the means of monitoring the effective operation of the quality system.

3.3.The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.

In addition to experience in quality management systems, the auditing team shall have at least one member with experience of evaluation in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in point 3.1(e), in order to verify the manufacturer's ability to identify the relevant requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3.5.The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.

The approved body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4.Surveillance under the responsibility of the approved body

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.The manufacturer shall, for assessment purposes, allow the approved body access to the manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a)the quality system documentation;

(b)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4.3.The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4.In addition, the approved body may pay unexpected visits to the manufacturer. During such visits the approved body may, if necessary, carry out product tests, or have them carried out, in order to verify that the quality system is functioning correctly. The approved body shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5.UK marking and declaration of conformity

5.1.The manufacturer shall affix the UK marking, and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that is in conformity with the type described in the Type examination certificate and satisfies the applicable requirements of these Regulations.

5.2.The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant authorities upon request.

6.The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a)the documentation referred to in point 3.1;

(b)the information relating to the change referred to in point 3.5, as approved;

(c)the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.

7.Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn, and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.

Each approved body shall inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.

PART 5Module G: Conformity based on unit verification

1.Conformity based on unit verification is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2, 3 and 5, and ensures and declares on his sole responsibility that the pyrotechnic article concerned, which has been subject to the provisions of point 4, is in conformity with the requirements of these Regulations that apply to it.

2.Technical documentation

The manufacturer shall establish the technical documentation and make it available to the approved body referred to in point 4. The documentation shall make it possible to assess the pyrotechnic article's conformity with the relevant requirements, and shall include an adequate analysis and assessment of the risk(s). The technical documentation shall specify the applicable requirements and cover, as far as relevant for the assessment, the design, manufacture and operation of the pyrotechnic article. The technical documentation shall, wherever applicable, contain at least the following elements:

(a)a general description of the pyrotechnic article;

(b)conceptual design and manufacturing drawings and schemes of components, sub-assemblies, circuits, etc.;

(c)descriptions and explanations necessary for the understanding of those drawings and schemes and the operation of the pyrotechnic article;

(d)a list of the designated standards applied in full or in part and, where those designated standards have not been applied, descriptions of the solutions adopted to meet the essential safety requirements of these Regulations, including a list of other relevant technical specifications applied. In the case of partly applied designated standards, the technical documentation shall specify the parts which have been applied;

(e)results of design calculations made, examinations carried out, etc.;

(f)test reports.

The manufacturer shall keep the technical documentation at the disposal of the relevant national authorities for 10 years after the pyrotechnic article has been placed on the market.

3.Manufacturing

The manufacturer shall take all measures necessary so that the manufacturing process and its monitoring ensure conformity of the manufactured pyrotechnic article with the applicable requirements of these Regulations.

4.Verification

An approved body chosen by the manufacturer shall carry out appropriate examinations and tests, set out in the relevant designated standards and/or equivalent tests set out in other relevant technical specifications, to check the conformity of the pyrotechnic article with the applicable requirements of these Regulations, or have them carried out. In the absence of such a designated standard the approved body concerned shall decide on the appropriate tests to be carried out.

The approved body shall issue a certificate of conformity in respect of the examinations and tests carried out and shall affix its identification number to the approved pyrotechnic article, or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market.

5.UK marking and declaration of conformity

5.1.The manufacturer shall affix the UK marking and, under the responsibility of the approved body referred to in point 4, the latter's identification number to each pyrotechnic article that satisfies the applicable requirements of these Regulations.

5.2.The manufacturer shall draw up a written declaration of conformity and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant authorities upon request.

PART 6Module H: Conformity based on full quality assurance

1.Conformity based on full quality assurance is the conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in points 2 and 5, and ensures and declares on his sole responsibility that the pyrotechnic articles concerned satisfy the requirements of these Regulations that apply to them.

2.Manufacturing

The manufacturer shall operate an approved quality system for design, manufacture and final product inspection and testing of the pyrotechnic articles concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

3.Quality system

3.1.The manufacturer shall lodge an application for assessment of his quality system with the approved body of his choice for the pyrotechnic articles concerned.

The application shall include:

(a)the name and address of the manufacturer;

(b)the technical documentation for one model of each pyrotechnic article category intended to be manufactured. The technical documentation shall, wherever applicable, contain at least the following elements:

(c)the documentation concerning the quality system;

(d)a written declaration that the same application has not been lodged with any other approved body.

3.2.The quality system shall ensure compliance of the pyrotechnic articles with the applicable requirements of these Regulations.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written policies, procedures and instructions. That quality system documentation shall permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall, in particular, contain an adequate description of:

(a)the quality objectives and the organisational structure, responsibilities and powers of the management with regard to design and product quality;

(b)the technical design specifications, including standards that will be applied and, where the relevant designated standards will not be applied in full, the means that will be used to ensure that the essential safety requirements of these Regulations will be met;

(c)the design control and design verification techniques, processes and systematic actions that will be used when designing the pyrotechnic articles pertaining to the pyrotechnic article category covered;

(d)the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic actions that will be used;

(e)the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out;

(f)the quality records, such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.;

(g)the means of monitoring the achievement of the required design and product quality and the effective operation of the quality system.

3.3.The approved body shall assess the quality system to determine whether it satisfies the requirements referred to in point 3.2.

It shall presume conformity with those requirements in respect of the elements of the quality system that comply with the corresponding specifications of the relevant designated standard.

In addition to experience in quality management systems, the auditing team shall have at least one member experienced as an assessor in the relevant product field and product technology concerned, and knowledge of the applicable requirements of these Regulations. The audit shall include an assessment visit to the manufacturer's premises. The auditing team shall review the technical documentation referred to in point 3.1(b) to verify the manufacturer's ability to identify the applicable requirements of these Regulations and to carry out the necessary examinations with a view to ensuring compliance of the pyrotechnic article with those requirements.

The manufacturer shall be notified of the decision.

The notification shall contain the conclusions of the audit and the reasoned assessment decision.

3.4.The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to maintain it so that it remains adequate and efficient.

3.5.The manufacturer shall keep the approved body that has approved the quality system informed of any intended change to the quality system.

The approved body shall evaluate any proposed changes and decide whether the modified quality system will continue to satisfy the requirements referred to in point 3.2 or whether a reassessment is necessary.

It shall notify the manufacturer of its decision. The notification shall contain the conclusions of the examination and the reasoned assessment decision.

4.Surveillance under the responsibility of the approved body

4.1.The purpose of surveillance is to make sure that the manufacturer duly fulfils the obligations arising out of the approved quality system.

4.2.The manufacturer shall, for assessment purposes, allow the approved body access to the design, manufacture, inspection, testing and storage sites and shall provide it with all necessary information, in particular:

(a)the quality system documentation;

(b)the quality records as provided for by the design part of the quality system such as the results of analyses, calculations, tests, etc.;

(c)the quality records as provided for by the manufacturing part of the quality system such as inspection reports and test data, calibration data, qualification reports on the personnel concerned, etc.

4.3.The approved body shall carry out periodic audits to make sure that the manufacturer maintains and applies the quality system and shall provide the manufacturer with an audit report.

4.4.In addition, the approved body may pay unexpected visits to the manufacturer. During such visits, the approved body may, if necessary, carry out product tests, or have them carried out, in order to check the proper functioning of the quality system. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

5.UK marking and declaration of conformity

5.1.The manufacturer shall affix the UK marking and, under the responsibility of the approved body referred to in point 3.1, the latter's identification number to each individual pyrotechnic article that satisfies the applicable requirements of these Regulations.

5.2.The manufacturer shall draw up a written declaration of conformity for each product model and keep it at the disposal of the national authorities for 10 years after the pyrotechnic article has been placed on the market. The declaration of conformity shall identify the pyrotechnic article for which it has been drawn up.

A copy of the declaration of conformity shall be made available to the relevant authorities upon request.

6.The manufacturer shall, for a period ending 10 years after the pyrotechnic article has been placed on the market, keep at the disposal of the national authorities:

(a)the technical documentation referred to in point 3.1;

(b)the documentation concerning the quality system referred to in point 3.1;

(c)the information relating to the change referred to in point 3.5, as approved;

(d)the decisions and reports of the approved body referred to in points 3.5, 4.3 and 4.4.

7.Each approved body shall inform the Secretary of State of quality system approvals issued or withdrawn and shall, periodically or upon request, make available to the Secretary of State the list of quality system approvals refused, suspended or otherwise restricted.

Each approved body shall inform the other approved bodies of quality system approvals which it has refused, suspended or withdrawn, and, upon request, of quality system approvals which it has issued.F122]

Regulation 11(2)

SCHEDULE 3Labelling: required information

LabellingE41

1. The labelling of a pyrotechnic article must includeβ€”

(a)the name, registered trade name or registered trade mark of the manufacturer;

(b)a single postal address at which the manufacturer can be contacted;

(c)the name, type and category of the pyrotechnic article;

(d)the [F123UKF123]registration number of the pyrotechnic article;

(e)the product, batch or serial number of the pyrotechnic article; and

(f)instructions for use and safety information, which must includeβ€”

(i)the minimum age limit for persons to whom the pyrotechnic article can be made available on the market;

(ii)the net explosive content of the pyrotechnic article; and

(iii)the information required by paragraphs 2 to 5.

LabellingE95

1. The labelling of a pyrotechnic article must includeβ€”

(a)the name, registered trade name or registered trade mark of the manufacturer;

(b)a single postal address at which the manufacturer can be contacted;

(c)the name, type and category of the pyrotechnic article;

(d)the registration number of the pyrotechnic article;

(e)the product, batch or serial number of the pyrotechnic article; and

(f)instructions for use and safety information, which must includeβ€”

(i)the minimum age limit for persons to whom the pyrotechnic article can be made available on the market;

(ii)the net explosive content of the pyrotechnic article; and

(iii)the information required by paragraphs 2 to 5.

Additional instructions and safety information

2. The labelling of a firework must also display the following informationβ€”

(a)for a category F1 firework, where appropriateβ€”

(i)β€œfor outdoor use only”; and

(ii)a minimum safety distance;

(b)for a category F2 fireworkβ€”

(i)β€œfor outdoor use only”; and

(ii)a minimum safety distance (where appropriate);

(c)for a category F3 fireworkβ€”

(i)β€œfor outdoor use only”;

(ii)a minimum safety distance; and

(iii)the year of production;

(d)for a category F4 fireworkβ€”

(i)β€œfor use only by persons with specialist knowledge”;

(ii)a minimum safety distance; and

(iii)the year of production.

3. The labelling of sparklers must also display the words β€œWarning: not to be given to children under 5 years of age”.

4. The labelling of a theatrical pyrotechnic article must also display the following informationβ€”

(a)for a category T1 theatrical pyrotechnic article, where appropriateβ€”

(i)β€œfor outdoor use only”; and

(ii)a minimum safety distance;

(b)for a category T2 theatrical pyrotechnic articleβ€”

(i)β€œfor use only by persons with specialist knowledge”; and

(ii)a minimum safety distance.

5. The labelling of a category P1 other pyrotechnic article or category P2 other pyrotechnic article must also, where appropriate, display a minimum safety distance.

6. In paragraph 3, β€œsparkler” means a rigid wire article partially coated along one end with slow-burning pyrotechnic composition, with or without an ignition head and designed to be held in the hand, the principal effect of which is to emit sparks, with or without aural effects (other than a report).

Regulations 2(3), 41(c)

[F124SCHEDULEΒ 3ADeclaration of Conformity (Annex III to the Directive)

1)UK registration number:

2)Product, batch or serial number:

3)Name and address of the manufacturer:

4)This declaration of conformity is issued under the sole responsibility of the manufacturer.

5)Object of the declaration (identification of product allowing traceability):

6)The object of the declaration described above is in conformity with the relevant statutory requirements:

7)References to the designated standards used or references to the other technical specifications in relation to which conformity is declared:

8)The approved body (name, number) performed (description of intervention) and issued the certificate:

9)Additional information:

Signed for and on behalf of:

[place and date of issue]:

[name, function] [signature]:F124]

Regulation 2(1)

SCHEDULE 4Persons with specialist knowledge

Person with specialist knowledge: category F4 fireworks

1.β€”(1) A person with specialist knowledge for a category F4 firework is any individual who can demonstrate havingβ€”

(a)undertaken training recognised in the fireworks business, in relation to the type of category F4 firework which is to be made available to that individual;

(b)used category F4 fireworks; and

(c)valid liability insurance covering use of category F4 fireworks.

(2) A person with specialist knowledge for a category F4 firework also includesβ€”

(a)any person whose trade or business (or a significant part of whose trade or business) is the supply of category F4 fireworks, for the purposes of making them available on the market in accordance with these Regulations; and

(b)any person who isβ€”

(i)in business as a supplier of goods designed and intended for use in conjunction with a category F4 firework; and

(ii)intends to use the category F4 firework solely for the purposes of testing it to ensure that, when used in conjunction with fireworks of the same type, it will perform its intended function or comply with any provisions made by or under any enactment and relating to the safety of such goods.

Person with specialist knowledge: category T2 theatrical pyrotechnic articles

2.β€”(1) A person with specialist knowledge for a category T2 theatrical pyrotechnic article is any individual who can demonstrate havingβ€”

(a)undertaken training recognised in the theatrical profession, in relation to the type of category T2 theatrical pyrotechnic article which is to be made available to that individual;

(b)used category T2 theatrical pyrotechnic articles; and

(c)valid liability insurance covering use of category T2 theatrical pyrotechnic articles.

(2) A person with specialist knowledge for a category T2 theatrical pyrotechnic article also includesβ€”

(a)any person whose trade or business (or a significant part of whose trade or business) is the supply of category T2 theatrical pyrotechnic articles, for the purpose of making them available on the market in accordance with these Regulations;

(b)any person who isβ€”

(i)in business as a supplier of goods designed and intended for use in conjunction with a category T2 theatrical pyrotechnic article; and

(ii)intends to use the category T2 theatrical pyrotechnic article in question solely for the purposes of testing it to ensure that, when used in conjunction with articles of the same type, it will perform its intended function or comply with any provisions made by or under any enactment and relating to the safety of such goods.

(3) In paragraph 2(1)(a), β€œthe theatrical profession” means the profession related to indoor and outdoor stage productions and includes film and television or similar productions.

Person with specialist knowledge: category P2 other pyrotechnic articles

3.β€”(1) A person with specialist knowledge for a category P2 other pyrotechnic articles is any individual who can demonstrate havingβ€”

(a)undertaken training recognised in the industry in question, in relation to the type of category P2 other pyrotechnic article which is to be made available to that individual;

(b)used category P2 other pyrotechnic articles; and

(c)valid liability insurance covering use of category P2 other pyrotechnic articles.

(2) A person with specialist knowledge for a category P2 other pyrotechnic article also includesβ€”

(a)any person whose trade or business (or a significant part of whose trade or business) is the supply of category P2 other pyrotechnic articles, for the purpose of making them available on the market in accordance with these Regulations;

(b)any person who isβ€”

(i)in business as a supplier of goods designed and intended for use in conjunction with a category P2 other pyrotechnic article; and

(ii)intends to use the category P2 other pyrotechnic article in question solely for the purposes of testing it to ensure that, when used in conjunction with articles of the same type, it will perform its intended function or comply with any provisions made by or under any enactment and relating to the safety of such goods.

Person with specialist knowledge: officers of enforcing authorities

4. Any person employed by or under or acting on behalf of an enforcing authority proposing to make a test purchase of a category F4 firework, category T2 theatrical pyrotechnic article or category P2 other pyrotechnic article, is to be considered to be a person with specialist knowledge where the enforcing authorityβ€”

(a)has enforcement powers, conferred by or under any enactment, applying to the pyrotechnic article in question; and

(b)before that person purchases the pyrotechnic article, informs the person making it available on the market that the purchase is to be made for the purposes of ascertaining whether any provision made by or under any enactment and relating to the safety of the pyrotechnic article has been contravened in relation to that pyrotechnic article.

InterpretationE42

5.β€”(1) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) must include training inβ€”

(a)the nature and correct use of the articles which are to be made available; and

(b)the risks associated with the transport, storage and use of such articles.

(2) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) includes such training recognised in the relevant business, profession or industry of any member State.

(3) The use of articles referred to in paragraphs 1(1)(b), 2(1)(b) and 3(1)(b) includes the use anywhere in the world.

(4) The β€œliability insurance” referred to in paragraphs 1(1)(c), 2(1)(c), and 3(1)(c) may be in the name of the individual in question or the employer of that person.

InterpretationE96

5.β€”(1) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) must include training inβ€”

(a)the nature and correct use of the articles which are to be made available; and

(b)the risks associated with the transport, storage and use of such articles.

(2) The training referred to in paragraphs 1(1)(a), 2(1)(a) and 3(1)(a) includes such training recognised in the relevant business, profession or industry of any [F215relevant stateF215] .

(3) The use of articles referred to in paragraphs 1(1)(b), 2(1)(b) and 3(1)(b) includes the use anywhere in the world.

(4) The β€œliability insurance” referred to in paragraphs 1(1)(c), 2(1)(c), and 3(1)(c) may be in the name of the individual in question or the employer of that person.

Regulation 2(1)

SCHEDULE 5[F125NotifiedF125][F125ApprovedF125] body requirementsE43,E97,E44,E98,E45,E99,E46,E100,E47,E101

2. A conformity assessment body must be a third party body independent of the organisation or the pyrotechnic article it assesses.

3.β€”(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of pyrotechnic articles or explosive substances, nor the representative of any of those parties.

(2) Sub-paragraph (1) does not preclude the use of pyrotechnic articles or explosive substances that are necessary for the operations of the conformity assessment body or the use of pyrotechnic articles for personal purposes.

4. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of pyrotechnic articles or explosive substances, or represent the parties engaged in those activities.

5. A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment activities must not engage in activity that may conflict with their independence of judgment or integrity in relation to conformity assessment activities for which they are notified (including consultancy services).

6. A conformity assessment body must ensure that the activities of its subsidiaries or subcontractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

7. A conformity assessment body and its personnel must carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field and must be free from all pressures and inducements, particularly financial, which might influence their judgment or the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.

[F1278.A conformity assessment body must ensure that it, either on its own or with the assistance of its subcontractors or subsidiaries, is capable of carrying out the conformity assessment activities in relation to which the conformity assessment body has been, or is to be, approved.F127]

8. A conformity assessment body must be capable of carrying out all of the conformity assessment activities in relation to which it has been, or is to be, notified, whether those activities are carried out by the conformity assessment body itself or on its behalf and under its responsibility.

9. A conformity assessment body must have at its disposalβ€”

(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as [F128an approvedF128] body and other activities;

(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.

9. A conformity assessment body must have at its disposalβ€”

(a)personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment activities;

(b)descriptions of procedures in accordance with which conformity assessment is carried out, ensuring the transparency and the ability of reproduction of those procedures, and have appropriate policies and procedures in place that distinguish between tasks it carries out as a notified body and other activities;

(c)procedures for the performance of activities which take due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the process.

10. A conformity assessment body must have the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner and must have access to the necessary equipment or facilities.

11. The personnel responsible for carrying out conformity assessment activities must haveβ€”

(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

(b)satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

(c)F130appropriate knowledge and understanding of the essential safety requirements, of the applicable [F129designatedF129] standards and of ...these Regulations;

(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

11. The personnel responsible for carrying out conformity assessment activities must haveβ€”

(a)sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been notified;

(b)satisfactory knowledge of the requirements of the assessments which the personnel carry out and adequate authority to carry out those assessments;

(c)appropriate knowledge and understanding of the essential safety requirements, of the applicable harmonised standards and of the Directive and of these Regulations;

(d)the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

12. A conformity assessment body must be able to demonstrate the impartiality of its top level management and the personnel responsible for carrying out the conformity assessment activities.

13. The remuneration of the top level management and the personnel responsible for carrying out the conformity assessment activities must not depend on the number of assessments carried out or on the results of those assessments.

14. A conformity assessment body must have, and must satisfy the Secretary of State that it has, adequate civil liability insurance in respect of its activities.

15. A conformity assessment body must ensure that its personnel observe professional secrecy with regard to all information obtained in carrying out their tasks in accordance with these Regulations and that proprietary rights are protected.

16. Paragraph 15 does not prevent the personnel from providing information to the Secretary of State or an enforcing authority.

17. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any [F131approvedF131] body coordination group established [F132by the Secretary of StateF132] and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

17. A conformity assessment body must participate in, or ensure that its personnel who are responsible for carrying out the conformity assessment activities are informed of, the relevant standardisation activities and the activities of any notified body coordination group established under the Directive and must apply as general guidance the administrative decisions and documents produced as a result of the work of that group.

[F134Regulation 50F134][F134Regulation 48F134]

SCHEDULE 6Operational obligations of [F133notifiedF133][F133approved F133] bodiesE48,E102,E49,E103,E50,E104,E51,E105,E52,E106

1.[F135A notified bodyF135][F135An approved bodyF135] must carry out conformity assessments in accordance with the relevant conformity assessment procedures.

2.[F135A notified bodyF135][F135An approved bodyF135] must carry out conformity assessments in a proportionate manner, avoiding unnecessary burdens on economic operators.

3.[F135A notified bodyF135][F135An approved bodyF135] must perform its activities taking due account of the size of an undertaking, the sector in which it operates, its structure, the degree of complexity of the product technology in question and the mass or serial nature of the production process.

4.[F135A notified bodyF135][F135An approved bodyF135] must respect the degree of rigour and the level of protection required to ensure that the pyrotechnic article is in conformity with the requirements of these Regulations.

5.[F135An approved bodyF135] carrying out a conformity assessment mustβ€”

(a)assign a [F136UKF136]registration number in the form specified in [F137paragraph 5AF137] , which identifies the pyrotechnic articles which have been subject to a conformity assessment and their manufacturers; and

(b)maintain a register with the [F136UKF136]registration number of the pyrotechnic articles in respect of which it has issued a certificate of conformity or granted an approval and keep entries made in the register for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted.

5. A notified body carrying out a conformity assessment mustβ€”

(a)assign a registration number in the form specified in Article 1 of Commission Implementing Directive 2014/58/EU setting up a system for the traceability of pyrotechnic articles (as amended from time to time), which identifies the pyrotechnic articles which have been subject to a conformity assessment and their manufacturers; and

(b)maintain a register with the registration number of the pyrotechnic articles in respect of which it has issued a certificate of conformity or granted an approval and keep entries made in the register for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted.

[F1385A.β€”(1)Pyrotechnic articles must be labelled with a UK registration number comprising the following:

(a)the four-digit identification number of the approved body that has issued a Type-examination certificate (Schedule 2A, Module B), certificate of conformity (Schedule 2A, Module G) or quality system approval (Schedule 2A, Module H), as applicable;

(b)the category of the pyrotechnic article for which conformity is certified in abbreviated format, in upper caseβ€”

(i)F1, F2, F3 or F4 for fireworks of category 1, 2, 3 and 4 respectively;

(ii)T1 or T2 for theatrical pyrotechnic articles of category T1 and T2 respectively; and

(iii)P1 or P2 for other pyrotechnic articles of category P1 and P2 respectively; and

(c)the processing number used by the approved body for the pyrotechnic article.

(2)The UK registration number must be structured as follows: β€˜XXXX β€” YY β€” ZZZZ…’, where XXXX refers to sub-paragraph (1)(a), YY refers to sub-paragraph (1)(b) and ZZZZ… refers to sub-paragraph (1)(c).F138]

6.[F139From IP completion dayF139] β€”

(a)an entry made in the register referred to in paragraph 5(b) must contain at least the information set out in [F140paragraph 6AF140] ;

(b)the [F141approvedF141] body mustβ€”

(i)keep the information referred to in sub-paragraph (a) in respect of a pyrotechnic article for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted; and

(ii)update the register referred to paragraph 5(b) and make it publicly available on the internet.

6. After 16th October 2016β€”

(a)an entry made in the register referred to in paragraph 5(b) must contain at least the information set out in the Annex to Commission Implementing Directive 2014/58/EU (as amended from time to time);

(b)the notified body mustβ€”

(i)keep the information referred to in sub-paragraph (a) in respect of a pyrotechnic article for a period of at least 10 years beginning on the day on which the certificate of conformity was issued or the approval was granted; and

(ii)update the register referred to paragraph 5(b) and make it publicly available on the internet.

[F1426A.β€”(1)Entries made in the register from IP completion day must contain at least the following information:

(a)UK registration number;

(b)date of issue of Type-examination certificate (where the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B) has been undertaken), certificate of conformity (where the conformity assessment procedure set out in Part 5 of Schedule 2A (Module G) has been undertaken) or quality system approval (where the conformity assessment procedure set out in Part 6 of Schedule 2A (Module H) has been undertaken) as applicable, and date of expiry where applicable;

(c)manufacturer;

(d)type of product (generic) and subtype, if applicable;

(e)where applicable, which conformity assessment procedure has been undertaken from those set out in Part 2 of Schedule 2A (Module C2), Part 3 of Schedule 2A (Module D) and Part 4 of Schedule 2A (Module E); and

(f)where applicable, the approved body that undertook the conformity assessment procedure described in sub-paragraph (e).

(2)Sub-paragraphs (1)(e) and (1)(f) apply where the register is maintained by an approved body carrying out the conformity assessment procedure set out in Part 1 of Schedule 2A (Module B), except where the relevant information is not known to that approved body.F142]

7. Where [F135an approved bodyF135] finds that essential safety requirements or corresponding [F143designatedF143] standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.

7. Where a notified body finds that essential safety requirements or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it must require the manufacturer to take appropriate corrective measures and must not issue a certificate of conformity or grant an approval.

8. Where, in the course of the monitoring of conformity following the issue of a certificate or grant of an approval, [F135a notified bodyF135][F135an approved bodyF135] finds that a pyrotechnic article is no longer in conformity with the essential safety requirements, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate of conformity or approval (if necessary).

9. Where [F144the notified bodyF144][F144the approved bodyF144] has required a manufacturer to take corrective measures and the manufacturer has failed to take such measures, or those measures have not had the required effect, [F144the notified bodyF144][F144the approved bodyF144] must restrict, suspend or withdraw any certificate of conformity or approval.

10. Paragraph 11 applies where [F135a notified bodyF135][F135an approved bodyF135] is minded toβ€”

(a)refuse to issue a certificate of conformity or grant an approval; or

(b)restrict, suspend or withdraw a certificate of conformity or approval.

11. Where this paragraph applies, [F144the notified bodyF144][F144the approved bodyF144] mustβ€”

(a)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, a notice in writing giving reasons and specifying the date on which the refusal, restriction, suspension or withdrawal is intended to take effect;

(b)give the person applying for the certificate or approval, or the person to whom the certificate or approval was given, an opportunity to make representations within a reasonable period from the date of the notice; and

(c)take account of any such representations before taking its decision.

12.[F135A notified bodyF135][F135An approved bodyF135] must inform the Secretary of State ofβ€”

(a)any refusal, restriction, suspension or withdrawal of a certificate of conformity or approval;

(b)any circumstances affecting the scope of, or conditions for, notification under regulation 44 (notification);

(c)any request for information which it has received from an enforcing authority regarding conformity assessment activities; and

(d)on request, conformity assessment activities performed within the scope of its notification under regulation 44 and any other activity performed, including cross-border activities and subcontracting.

13.[F135A notified bodyF135][F135An approved bodyF135] must make provision in its contracts with its clients enabling such clients to appeal against a decisionβ€”

(a)to refuse to issue a certificate of conformity or grant an approval; or

(b)to restrict, suspend or withdraw a certificate of conformity or approval.

14.[F135An approved bodyF135] must provide other bodies [F145approved under these RegulationsF145] carrying out similar conformity assessment activities covering the same pyrotechnic articles with relevant information on issues relating to negative and, on request, positive conformity assessment results.

14. A notified body must provide other bodies notified under the Directive carrying out similar conformity assessment activities covering the same pyrotechnic articles with relevant information on issues relating to negative and, on request, positive conformity assessment results.

F14715.[F135An approved bodyF135] must participate in the work of any [F146approvedF146] body coordination group established ..., directly or by means of its designated representatives.

15. A notified body must participate in the work of any notified body coordination group established under the Directive, directly or by means of its designated representatives.

Regulation 54(1)

SCHEDULE 7Enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act

Enforcement powers under the 1987 Act

1. For the purposes of enforcing these Regulations, the following sections of the 1987 Act apply subject to the modifications in paragraph 2β€”

(a)section 13 (prohibition notices and notices to warn);

(b)section 14 (suspension notices);

(c)section 16 (forfeiture: England and Wales and Northern Ireland);

(d)section 17 (forfeiture: Scotland);

(e)section 18 (power to obtain information);

(f)section 28 (test purchases);

(g)section 29 (powers of search etc);

(h)section 30 (provisions supplemental to s 29);

(i)section 31 (powers of customs officer to detain goods);

(j)section 33 (appeals against detention of goods);

(k)section 34 (compensation for seizure and detention);

(l)section 35 (recovery of expenses of enforcement);

(m)section 37 (power of Commissioners for Revenue and Customs to disclose information);

(n)section 45 (interpretation);

(o)section 46(1) (meaning of β€œsupply”); and

(p)Schedule 2 (prohibition notices and notices to warn).

Modifications to the 1987 Act

2. The sections of the 1987 Act referred to in paragraph 1 are to apply as ifβ€”

(a)in section 13β€”

(i)in subsection (1), β€œrelevant” were omitted on each occasion that it appears;

(ii)in subsection (1), for β€œunsafe”, on each occasion that it appears, there were substituted β€œ non-compliant ”;

(iii)in subsection (2), the words from β€œ; and the Secretary of State may” to the end were omitted; and

(iv)subsections (4) to (7) were omitted;

(b)in section 14β€”

(i)in subsection (1), after β€œany safety provision has been contravened in relation to any goods”, there were inserted β€œ or that any goods present a risk ”;

(ii)in subsection 2(b), after β€œa safety provision has been contravened in relation to the goods”, there were inserted β€œ or that the goods present a risk ”;

(iii)in subsection (2)(c), β€œunder section 15 below” were omitted; and

(iv)subsections (6) to (8) were omitted;

(c)in section 16β€”

(i)in subsection (1), after β€œa contravention in relation to the goods of a safety provision”, there were inserted β€œ or that the goods present a risk ”;

(ii)for subsection 2(b) there were substitutedβ€”

β€œ(b)where an application with respect to some or all of the goods has been made to a magistrates' court under regulation 70 (appeals against notices) of the 2015 Regulations or section 33, to that court; and”;

(iii)in subsection (3), after β€œa contravention in relation to the goods of a safety provision”, there were inserted β€œ or that the goods present a risk ”;

(iv)after subsection (4), there were insertedβ€”

β€œ(4A)A court may infer for the purposes of this section that any goods present a risk if it is satisfied that such a risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;

(v)in subsection (6), for β€œSubject to subsection (7) below, where” there were substituted β€œ Where ”; and

(vi)subsection (7) were omitted;

(d)in section 17β€”

(i)in subsection (1), after β€œa contravention of a safety provision”, there were inserted β€œ or where the goods present a risk ”;

(ii)in subsection (6), after β€œa contravention in relation to those goods of a safety provision”, there were inserted β€œ or that those goods present a risk ”; and

(iii)after subsection (7), there were insertedβ€”

β€œ(7A)The sheriff may infer for the purposes of this section that any goods present a risk if satisfied that such risk is presented by goods which are representative of those goods (whether by reason of being of the same design or part of the same consignment or batch or otherwise).”;

(e)in section 18, subsections (3) and (4) were omitted;

(f)in section 28β€”

(i)in subsection (1), for β€œ, services, accommodation or facilities”, there were substituted β€œ or whether any goods present a risk ”;

(ii)in subsection (1), paragraph (b) were omitted; and

(iii)subsections (3) and (4) were omitted;

(g)in section 29β€”

(i)in subsection (2), after β€œany contravention of any safety provision” there were inserted β€œ or whether goods present a risk ”;

(ii)in subsection (3), after β€œany contravention of any safety provision” there were inserted β€œ or whether goods present a risk ”;

(iii)in subsection 4(a), after β€œany contravention of any safety provision in relation to the goods”, there were inserted β€œ or whether the goods present a risk ”;

(iv)in subsection 4(b), after β€œany such contravention”, there were inserted β€œ or whether the goods present a risk ”;

(v)in subsection (5), after β€œa contravention in relation to any goods of any safety provision”, there were inserted β€œ or that the goods present a risk ”;

(vi)in subsection (5)(a), after β€œany such contravention”, there were inserted β€œ or whether the goods present a risk ”;

(vii)in subsection (5)(b), after β€œany such contravention”, there were inserted β€œ or whether the goods present a risk ”; and

(viii)in subsection (7), after β€œa contravention of any safety provision”, there were inserted β€œ or prevent goods from presenting a risk ”;

(h)in section 30β€”

(i)after subsection (2)(a)(ii), for β€œand”, there were substitutedβ€”

β€œor

(iii)that any goods which any officer has power to inspect under section 29 are on any premises and their inspection is likely to demonstrate that they present a risk; and”; and

(ii)subsections (5), (7) and (8) were omitted;

(i)in section 31(1), for β€œPart II of this Act”, there were substituted β€œ the 2015 Regulations ”;

(j)in section 34(1), after paragraph (a), there were inserted

β€œ(aa)the goods do not present a risk;”;

(k)in section 37(1), for β€œPart II of this Act”, there were substituted β€œ the 2015 Regulations ”;

(l)in section 45(1)β€”

(i)the definitions of β€œconditional sale agreement”, β€œcredit-sale agreement”, β€œgas”, β€œmotor vehicle”, β€œpersonal injury”, β€œsubordinate legislation” and β€œsubstance” were omitted;

(ii)before the definition of β€œaircraft”, there were insertedβ€”

β€œβ€œ2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”;

(iii)for the definition of β€œenforcement authority” there were substitutedβ€”

β€œβ€œenforcement authority” means an enforcing authority within the meaning set out in regulation 2(1) of 2015 Regulations;”;

(iv)for the definition of β€œgoods” there were substitutedβ€”

β€œβ€œgoods” means a pyrotechnic article within the meaning set out in regulation 3 of the 2015 Regulations;”;

(v)after the definition of β€œmodifications”, there were insertedβ€”

β€œβ€œnon-compliant” in relation to any goods means thatβ€”

(a)

a safety provision has been contravened in relation to the goods; or

(b)

the goods present a risk;”

(vi)after the definition of β€œpremises”, there were insertedβ€”

β€œβ€œpresent a risk” means present a risk within the meaning set out in regulation 2(5) of the 2015 Regulations;”;

(vii)for the definition of β€œsafety provision” there were substitutedβ€”

β€œβ€œsafety provision” means any provision of the 2015 Regulations;”; and

(viii)for the definition of β€œsafety regulations” there were insertedβ€”

β€œβ€œsafety regulations” means the 2015 Regulations;”;

(m)in section 46(1), omit β€œand, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use”; and

(n)in Schedule 2β€”

(i)for β€œunsafe”, on each occasion that it appears, there were substituted β€œ non-compliant ”; and

(ii)for β€œsafe”, on each occasion that it appears, there were substituted β€œ not non-compliant ”.

Regulation 54(2)

SCHEDULE 8Enforcement powers of the Health and Safety Executive under the 1974 Act

Enforcement powers under the 1974 Act

1. For the purposes of enforcing these Regulations, the following sections of the 1974 Act apply subject to the modifications in paragraph 2β€”

(a)section 10(1) (establishment of the Executive);

(b)section 19 (appointment of inspectors);

(c)section 20 (powers of inspectors);

(d)section 21 (improvement notices);

(e)section 22 (prohibition notices);

(f)section 23 (provisions supplementary to ss 21 and 22);

(g)section 24 (appeal against improvement or prohibition notice);

(h)section 25 (power to deal with cause of imminent danger);

(i)section 25A (power of customs officer to detain articles and substances);

(j)section 26 (power of enforcing authorities to indemnify inspectors);

(k)section 27 (obtaining of information by the Executive, enforcing authorities etc);

(l)section 27A (information communicated by Commissioners for Revenue and Customs);

(m)section 28 (restrictions on disclosure of information);

(n)section 33 (offences);

(o)section 34 (extension of time for bringing summary proceedings);

(p)section 35 (venue);

(q)section 39 (prosecution by inspectors);

(r)section 41 (evidence); and

(s)section 42 (power of court to order cause of offence to be remedied or, in certain cases, forfeiture).

Modifications to the 1974 Act

2. The sections of the 1974 Act referred to in paragraph 1 are to apply as ifβ€”

(a)references to β€œrelevant statutory provisions” were references toβ€”

(i)the provisions of the 1974 Act set out in paragraph 1, as modified by this paragraph; and

(ii)these Regulations;

(b)references to β€œrisk” were references to β€œrisk” within the meaning of regulation 2(5) of these Regulations;

(c)in section 19β€”

(i)in subsection (1), for β€œEvery enforcing authority” there were substituted β€œ The Executive ”;

(ii)in subsection (1), β€œwithin its field of responsibility” were omitted;

(iii)in subsection (2), paragraph (b) were omitted; and

(iv)in subsection (3), for β€œenforcing authority which appointed him” there were substituted β€œ Executive ”;

(d)in section 20β€”

(i)in subsection (1), β€œwithin the field of responsibility of the enforcing authority which appointed him” were omitted;

(ii)in subsection (2)(c)(i), for β€œhis (the inspector's) enforcing authority” there were substituted β€œ the Executive ”;

(iii)in subsection 2(h), for β€œhim to have caused or to be likely to cause danger to health or safety”, there were substituted β€œ contravene the relevant statutory provisions or present a risk ”; and

(iv)subsection (3) were omitted;

(e)in section 21β€”

(i)before paragraph (a), there were insertedβ€”

β€œ(za)is making available on the market a pyrotechnic article which presents a risk;”;

(ii)after β€œspecifying the”, there were inserted β€œ risk, or ”; and

(iii)after β€œrequiring that person to”, there were inserted β€œ address the risk or ”;

(f)for section 22(2) there were substitutedβ€”

β€œ(2)An inspector may serve a notice (in this Part referred to as β€œa prohibition notice”) on a person if, as regards any activities to which this section applies, the inspector is of the opinion that, as carried on or likely to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involveβ€”

(a)a risk; or

(b)a contravention of a relevant statutory provision.”;

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

(h)in section 25A(1)β€”

(i)for β€œan enforcing authority or inspector”, there were substituted β€œ the Executive or an inspector ”; and

(ii)for β€œthe authority”, there were substituted β€œ the Executive ”;

(i)for the title to section 26, there were substituted β€œ Power of the Executive to indemnify its inspectors ”

(j)in section 26, for each of the following references there were substituted β€œ the Executive ”

(i)β€œthe enforcing authority which appointed him”;

(ii)β€œthat authority”; and

(iii)β€œthe authority”;

(k)in section 27β€”

(i)in subsection (1), paragraph (b) were omitted; and

(ii)in subsection (1), β€œor, as the case may be, to the enforcing authority in question” were omitted;

(l)in section 27A(2)β€”

(i)for β€œan enforcing authority” there were substituted β€œ the Executive ”; and

(ii)the words from β€œ, other than the Office for Nuclear Regulation” to the end were omitted;

(m)in section 28β€”

(i)in subsection (1)(a), β€œ, other than the Officer for Nuclear Regulation (or an inspector appointed by it),” were omitted;

(ii)in subsection (1)(a), β€œ, by virtue of section 43A(6) below” were omitted;

(iii)in subsection (3)(a), β€œor any enforcing authority” were omitted;

(iv)in subsection (4), β€œor an enforcing authority” were omitted;

(v)in subsection (4), β€œ(including, in the case of an enforcing authority, any inspector appointed by it)” were omitted;

(vi)in subsection (5)(a), β€œor the purposes of the enforcing authority in question in connection with the relevant statutory provisions,” were omitted;

(vii)in subsection (7), β€œ14(4)(a) or” were omitted;

(viii)in subsection (7), for paragraph (b), there were substitutedβ€”

β€œ(b)for the purposes of any legal proceedings or for the purposes of a report of any such proceedings;”; and

(ix)subsection (9B) were omitted;

(n)in section 33β€”

(i)in subsection (1), paragraphs (a) to (i) and (k) to (m) were omitted;

(ii)for subsection (2), there were substitutedβ€”

β€œ(2)A person guilty of an offence under this section is liableβ€”

(a)on summary convictionβ€”

(i)in England and Wales, to a fine or imprisonment for a term not exceeding three months, or to both;

(ii)in Scotland, to a fine not exceeding the statutory maximum or imprisonment for a term not exceeding three months, or to both;

(b)on conviction on indictment to a fine or imprisonment for a term not exceeding two years, or to both.”; and

(iii)section 33(3) were omitted;

(o)in section 34β€”

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

(ii)in subsection (1), for the words from β€œand it appears” to the end, there were substitutedβ€”

β€œand it appears from the investigation or, in a case falling within paragraph (d), from the proceedings at the inquiry, that any of the relevant statutory provisions was contravened at a time which is material in relation to the subject-matter of the investigation or inquiry, summary proceedings against any person liable to be proceeded against in respect of the contravention may be commenced at any time within three months of the conclusion of the investigation or inquiry.”; and

(iii)subsections (3) to (6) were omitted;

(p)in section 35, for β€œany enforcing authority”, there were substituted β€œ the Executive ”;

(q)in section 39(1), for β€œenforcing authority which appointed him” there were substituted β€œ Executive ”; and

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

Regulation 54(3)

SCHEDULE 9Compliance, withdrawal and recall notices

Compliance notice

1.β€”(1) An enforcing authority may serve a compliance notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing that there is non-compliance.

(2) A compliance notice mustβ€”

(a)require the relevant economic operator on which it is served toβ€”

(i)end the non-compliance within such period as may be specified in the notice; or

(ii)provide evidence, within such period as may be specified in the notice, demonstrating to the satisfaction of the enforcing authority that the non-compliance has not in fact occurred; and

(b)warn the economic operator that, if the non-compliance persists or if satisfactory evidence has not been produced under paragraph (a) within the period specified in the notice, further action may be taken in respect of the pyrotechnic article or any pyrotechnic article of the same type made available on the market by that relevant economic operator.

(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

(4) Subject to sub-paragraph (5), an enforcing authority may revoke or vary a compliance notice by serving a notification on the economic operator.

(5) An enforcing authority may not vary a compliance notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

Withdrawal noticeE53

2.β€”(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing thatβ€”

(a)the pyrotechnic article has been made available on the market; and

(b)there is non-compliance.

(2) A withdrawal notice must prohibit the relevant economic operator from making the pyrotechnic article available on the market without the consent of the enforcing authority.

(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the pyrotechnic article.

(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any pyrotechnic article referred to in the notice.

(5) A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.

(6) Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(8) A withdrawal notice has effect throughout the United Kingdom.

Withdrawal noticeE107

2.β€”(1) An enforcing authority may serve a withdrawal notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing thatβ€”

(a)the pyrotechnic article has been made available on the market; and

(b)there is non-compliance.

(2) A withdrawal notice must prohibit the relevant economic operator from making the pyrotechnic article available on the market without the consent of the enforcing authority.

(3) A withdrawal notice may require the relevant economic operator to take action to alert end-users to any risk presented by the pyrotechnic article.

(4) A withdrawal notice may require the relevant economic operator to keep the enforcing authority informed of the whereabouts of any pyrotechnic article referred to in the notice.

(5) A consent given by the enforcing authority pursuant to a withdrawal notice, may impose such conditions on the making available on the market as the enforcing authority considers appropriate.

(6) Subject to sub-paragraph (7), an enforcing authority may revoke or vary a withdrawal notice by serving a notification on the economic operator.

(7) An enforcing authority may not vary a withdrawal notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(8) A withdrawal notice has effect throughout [F216Northern IrelandF216] .

Recall noticeE54

3.β€”(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing thatβ€”

(a)the pyrotechnic article has been made available to end-users; and

(b)there is non-compliance.

(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the pyrotechnic article from end-users to the relevant economic operator or another person specified in the notice.

(3) A recall notice mayβ€”

(a)require the relevant economic operator toβ€”

(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the pyrotechnic article poses and the fact of the recall; or

(iii)make arrangements for the collection or return of the pyrotechnic article from end-users or its disposal; or

(b)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the pyrotechnic article.

(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

(5) A recall notice may only be issued by the enforcing authority whereβ€”

(a)other action which it may require under these Regulations would not suffice to address the non-compliance;

(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

(c)the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice; and

(d)the enforcing authority has taken account of any advice obtained under sub-paragraph (6).

(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions ofβ€”

(a)whether there is non-compliance; and

(b)whether the issue of a recall notice would be proportionate.

(7) Sub-paragraph (5)(b), (c) and (d) do not apply in the case of a pyrotechnic article presenting a serious risk requiring, in the view of the enforcing authority, urgent action.

(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.

(9) In this paragraph, β€œInstitute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.

(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of a pyrotechnic article to which the recall notice relates, so far as the relevant economic operator is able to do so.

(11) Subject to sub-paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.

(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(13) A recall notice has effect throughout the United Kingdom.

Recall noticeE108

3.β€”(1) The enforcing authority may serve a recall notice on a relevant economic operator in respect of a pyrotechnic article if the authority has reasonable grounds for believing thatβ€”

(a)the pyrotechnic article has been made available to end-users; and

(b)there is non-compliance.

(2) A recall notice must require the relevant economic operator to use reasonable endeavours to organise the return of the pyrotechnic article from end-users to the relevant economic operator or another person specified in the notice.

(3) A recall notice mayβ€”

(a)require the relevant economic operator toβ€”

(i)contact end-users in order to inform them of the recall, to the extent that it is practicable to do so;

(ii)publish a notice in such form and such manner as is likely to bring to the attention of end-users any risk the pyrotechnic article poses and the fact of the recall; or

(iii)make arrangements for the collection or return of the pyrotechnic article from end-users or its disposal; or

(b)impose such additional requirements on the relevant economic operator as are reasonable and practicable with a view to achieving the return of the pyrotechnic article.

(4) In determining what requirements to include in a recall notice, the enforcing authority must take into consideration the need to encourage distributors and end-users to contribute to its implementation.

(5) A recall notice may only be issued by the enforcing authority whereβ€”

(a)other action which it may require under these Regulations would not suffice to address the non-compliance;

(b)the action being undertaken by the relevant economic operator is unsatisfactory or insufficient to address the non-compliance;

(c)the enforcing authority has given not less than 10 days' notice to the relevant economic operator of its intention to serve such a notice; and

(d)the enforcing authority has taken account of any advice obtained under sub-paragraph (6).

(6) A relevant economic operator which has received notice from the enforcing authority of an intention to serve a recall notice may at any time prior to the service of the recall notice require the authority to seek the advice of such person as the Institute determines on the questions ofβ€”

(a)whether there is non-compliance; and

(b)whether the issue of a recall notice would be proportionate.

(7) Sub-paragraph (5)(b), (c) and (d) do not apply in the case of a pyrotechnic article presenting a serious risk requiring, in the view of the enforcing authority, urgent action.

(8) Where a relevant economic operator requires the enforcing authority to seek advice under sub-paragraph (6), that relevant economic operator is to be responsible for the fees, costs and expenses of the Institute and of the person appointed by the Institute to advise the enforcing authority.

(9) In this paragraph, β€œInstitute” means the charitable organisation with registered number 803725 and known as the Chartered Institute of Arbitrators.

(10) A recall notice served by the enforcing authority may require the relevant economic operator to keep the authority informed of the whereabouts of a pyrotechnic article to which the recall notice relates, so far as the relevant economic operator is able to do so.

(11) Subject to sub-paragraph (12), an enforcing authority may revoke or vary a recall notice by serving a notification on the economic operator.

(12) An enforcing authority may not vary a recall notice so as to make it more restrictive for the economic operator or more onerous for the economic operator to comply.

(13) A recall notice has effect throughout [F217Northern IrelandF217] .

Interpretation

4. In this Schedule, β€œnon-compliance” means that the pyrotechnic articleβ€”

(a)presents a risk; or

(b)is not in conformity with Part 2, or RAMS in its application to pyrotechnic articles.

Regulation 75(5)

SCHEDULE 10Consequential amendments to the Fireworks Regulations 2004

1.The Fireworks Regulations 2004 are amended as set out below.

2. In regulation 3 (interpretation)β€”

(a)for the definition of β€œadult firework” substituteβ€”

β€œβ€œadult firework” means aβ€”

(a)

category F2 firework;

(b)

category F3 firework; or

(c)

category F4 firework.”;

(b)omit the definitions ofβ€”

(i)β€œamorce”;

(ii)β€œBS 7114”;

(iii)β€œBS EN 61672”;

(iv)β€œcap”;

(v)β€œcategory 3 firework”;

(vi)β€œcategory 4 firework”;

(vii)β€œcracker snap”;

(viii)β€œnovelty match”;

(ix)β€œparty popper”;

(x)β€œserpent”; and

(xi)β€œsparkler”;

(c)after the definition of β€œassembly”, insertβ€”

β€œβ€œcategory F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;

β€œcategory F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;

β€œcategory F4 firework” has the meaning set out in paragraph 4 of Schedule 1 to the 2015 Regulations;”;

(d)for the definition of β€œexplosives” substituteβ€”

β€œβ€œexplosives” has the meaning set out in regulation 2(1) of the Explosives Regulations 2014M21;”;

(e)after the definition of β€œexplosives”, insertβ€”

β€œβ€œfirework” means any article, intended for entertainment purposes, 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;”; and

(f)for the definition of β€œthe 2010 Regulations”, substituteβ€”

β€œβ€œthe 2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”.

3. In regulation 5 (prohibition of possession of category 4 fireworks), for β€œcategory 4 firework”, substitute β€œ category F4 firework ”.

4. In regulation 6(1)(c) (exceptions to regulations 4 and 5), for β€œ2010 Regulations”, substitute β€œ 2015 Regulations ”.

5. In regulation 9 (licensing of fireworks suppliers)β€”

(a)in paragraph (2A)(a), for β€œ2010 Regulations”, substitute β€œ 2015 Regulations ”;

(b)for paragraph (4), substituteβ€”

β€œ(4)A local licensing authority may only grant a licence to a person (β€œA”) under paragraph (1), if satisfied thatβ€”

(a)A, or another person on A's behalf, holds a valid licence for the storage of the fireworks under the Explosives Regulations 2014; or

(b)a licence for storage of the fireworks is not required under the Explosives Regulations 2014.”;

(c)for paragraph (5)(b), substituteβ€”

β€œ(b)an offence under regulation 62 of the 2015 Regulations;”; and

(d)in paragraph 5(c), for β€œsections 4, 5 or”, substitute β€œ section ”.

6. In regulation 10 (information about fireworks)β€”

(a)in paragraph (1), for β€œadult fireworks or sparklers” on each occasion that it occurs, substitute β€œ category F2 fireworks or category F3 fireworks ”;

(b)for paragraph (2), substituteβ€”

β€œ(2)In paragraph (1), the β€œrequired information” means information thatβ€”

(a)it is illegal to sell category F2 fireworks or category F3 fireworks to anyone under the age of 18; and

(b)it is illegal for anyone under the age of 18 to possess category F2 fireworks or category F3 fireworks in a public place.”; and

(c)in paragraph (3)β€”

(i)omit sub-paragraph (a); and

(ii)in sub-paragraph (b), after β€œthe firework”, insert β€œ , except where that person is an economic operator within the meaning of regulation 2(1) of the 2015 Regulations ”.

Regulation 75(6)

SCHEDULE 11Consequential amendments to the Explosives (Fireworks) Regulations (Northern Ireland) 2002

1. The Explosives (Fireworks) Regulations (Northern Ireland) 2002 are amended as set out below.

2. In regulation 2 (interpretation)β€”

(a)after β€œIn these Regulations—”, insertβ€”

β€œthe β€œ2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;”;

(b)for the definition of β€œcategory 1 firework”, substituteβ€”

β€œβ€œcategory F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article) to the 2015 Regulations;”;

(c)for the definition of β€œcategory 2 firework”, substituteβ€”

β€œβ€œcategory F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;”;

(d)for the definition of β€œcategory 3 firework”, substituteβ€”

β€œβ€œcategory F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;”;

(e)for the definition of β€œenforcing authority”, substituteβ€”

β€œβ€œenforcing authority” has the meaning set out in regulation 2(1) (interpretation) of the 2015 Regulations;”; and

(f)for the definition of β€œfirework”, substituteβ€”

β€œβ€œfirework” means any article, intended for entertainment purposes, 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;”.

3. In regulation 4(1) (prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks), omit β€œGovernment inspector,”.

4. In regulation 7 (production of licence)β€”

(a)in paragraph (2), after the first reference to β€œlicence”, insert β€œ under regulation 4(1), ”; and

(b)in paragraph (4), omit β€œGovernment Inspector,”.

5. In regulation 11(1)(a) (display of notice and certificate)β€”

(a)for β€œcategory 1 fireworks”, substitute β€œ category F1 fireworks ”; and

(b)for β€œcategory 2 and 3 fireworks”, substitute β€œ category F2 fireworks and category F3 fireworks ”.

6. In regulation 12 (transactions in fireworks), for β€œthe fireworks in Schedule 2”, substitute β€œ carrying out, or undertaking to carry out, transactions in fireworks which are in accordance with the 2015 Regulations ”.

7. In Schedule 1 (fireworks exempt from the provisions of regulation 4(1)), after each reference to β€œcategory”, insert β€œ F ”.

8. Omit Schedule 2.

Status: There are currently no known outstanding effects for the The Pyrotechnic Articles (Safety) Regulations 2015.
The Pyrotechnic Articles (Safety) Regulations 2015 (2015/1553)

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F1Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F2Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F3Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F4Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(d) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F5Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(e) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F6Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(f) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F7Words in reg. 2(1) omitted (E.W.S.) (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(2) (with reg. 23)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F8Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(h) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F9Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F10Words in reg. 2(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(j) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(2)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F11Words in reg. 2(1) substituted (E.W.S) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(k) (as amended by S.I. 2020/676, regs. 1(1), 2, 4(7)(a)); 2020 c. 1, Sch. 5 para. 1(1)substituted
F12Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(l) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F13Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(m) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F14Words in reg. 2(1) substituted (E.W.S) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(n) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2, 4(7)(b)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F15Words in reg. 2(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(o) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F16Words in reg. 2(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(p) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F17Reg. 2(1A)(1B) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F18Word in reg. 2(1A) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 6 para. 8substituted
F19Reg. 2(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 2(2)(p) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F20Reg. 2A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 3 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F21Words in reg. 2A(1)(a) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(a); S.I. 2020/1662, reg. 2(ee)inserted
F22Reg. 2A(3A) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(b); S.I. 2020/1662, reg. 2(ee)inserted
F23Word in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(c)(i); S.I. 2020/1662, reg. 2(ee)inserted
F24Words in reg. 2A(5) inserted (31.12.2020) by European Union (Future Relationship) Act 2020 (c. 29), s. 40(7), Sch. 4 para. 8(c)(ii); S.I. 2020/1662, reg. 2(ee)inserted
F25Words in reg. 6(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 4 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F26Words in reg. 8(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 5 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F27Word in reg. 10 heading omitted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 7 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F28Word in reg. 10 omitted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 7 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F29Reg. 11(1)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 8(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F30Reg. 11(3)-(5) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 8(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F31Word in reg. 12(1)(c) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 9(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F32Word in reg. 12(3) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 9(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F33Word in reg. 12(4) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 9(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F34Word in reg. 13(2)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 10(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F35Word in reg. 13(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 10(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F36Word in reg. 15(1)(c)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 11(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F37Word in reg. 15(2)(b) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 11(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F38Words in reg. 17(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 12(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F39Words in reg. 17(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 12(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F40Reg. 17(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 12(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(ii); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 2(1)(d)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F41Words in reg. 17(3)(a)(ii) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 4, Sch. 3 para. (f)substituted
F42Words in reg. 18(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 13(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F43Reg. 18(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 13(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F44Word in reg. 19 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 14 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F45Word in reg. 19(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 14 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F46Word in reg. 20 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 15 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F47Words in reg. 22(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 16 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F48Word in reg. 25(1)(a)(i) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 17(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F49Words in reg. 25(1)(a)(iii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 17(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F50Word in reg. 25(2)(c) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 17(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F51Words in reg. 27(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 18 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F52Word in reg. 35 heading inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 19(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F53Word in reg. 35 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 19(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F54Reg. 35(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 19(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F55Reg. 36 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 20 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F56Words in reg. 36(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)substituted: Northern Irelandsubstituted
F57Words in reg. 36(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)substituted: Northern Irelandsubstituted
F58Word in reg. 38 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 21 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F59Word in reg. 38 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 21 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F60Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F60Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F60Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F60Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F60Regs. 38A-38F inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 22 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(3)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F61Words in reg. 38B(1)(b) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(3) (with reg. 23)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F62Reg. 38C(1)(a) substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(4) (with reg. 23)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F63Reg. 38E substituted (E.W.S.) (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(5) (with reg. 23)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F64Word in reg. 39(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 23(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F65Words in reg. 39(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 23(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F66Words in reg. 40 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 24(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F67Word in reg. 40(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 24(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F68Words in reg. 40 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 24(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F69Word in reg. 41 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F70Word in reg. 41 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F71Words in reg. 41 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F72Words in reg. 41 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 25(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F73Word in reg. 42 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F74Word in reg. 42 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F75Words in reg. 42(1) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(c) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(4)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F76Reg. 42(1A) inserted (E.W.S.) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(d) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(4)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F77Words in reg. 42(1A) substituted (E.W.S) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 3, Sch. 2 para. (h)substituted
F78Words in reg. 42(2) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(e) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(4)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F79Word in reg. 42 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 26(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F80Regs. 42A, 42B inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(3)inserted: Northern Irelandinserted
F80Regs. 42A, 42B inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(3)inserted: Northern Irelandinserted
F81Pt. 4 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 27 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(iii)(iv)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F82Reg. 55(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 28 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F83Word in reg. 57(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F84Reg. 57(4) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F85Reg. 57(7) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F86Words in reg. 57(8) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F87Word in reg. 57(8)(f)(ii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 29(c)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F88Reg. 58 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 30 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F89Words in reg. 58(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(a)substituted: Northern Irelandsubstituted
F90Words in reg. 58(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(i)substituted: Northern Irelandsubstituted
F91Words in reg. 58(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(ii)substituted: Northern Irelandsubstituted
F92Word in reg. 58(2)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(iii)substituted: Northern Irelandsubstituted
F93Reg. 58(2)(c) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(b)(iv)omitted: Northern Irelandomitted
F94Words in reg. 58(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(c)(i)substituted: Northern Irelandsubstituted
F95Words in reg. 58(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(c)(ii)inserted: Northern Irelandinserted
F96Words in reg. 58(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(d)(i)substituted: Northern Irelandsubstituted
F97Words in reg. 58(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(d)(ii)substituted: Northern Irelandsubstituted
F98Words in reg. 58(6) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(e)inserted: Northern Irelandinserted
F99Words in reg. 58(7) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(2)(e)inserted: Northern Irelandinserted
F100Reg. 59(3) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 31(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F101Words in reg. 59(4) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 31(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F102Word in reg. 60(1)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F103Words in reg. 60(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(b)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F104Words in reg. 60(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(b)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F105Word in reg. 60(1)(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F106Word in reg. 60(1)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 32(c)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F107Words in reg. 61 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 33 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F108Word in reg. 62(1)(d) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F109Words in reg. 62(1)(d) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F110Word in reg. 62(1)(e) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F111Word in reg. 62(1)(q) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(iii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F112Word in reg. 62(1)(r) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F113Words in reg. 62(1)(t) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(a)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F114Word in reg. 62(2)(f) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F115Words in reg. 62(6) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 34(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F116Word in reg. 74(5) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 35 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F117Reg. 74A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 36 (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(v)); 2020 c. 1, Sch. 5 para. 1(1)inserted: England, Wales and Scotlandinserted
F118Reg. 74A(4)-(6) omitted (1.10.2024) by virtue of The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 10(6) (with reg. 23)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted
F119Words in reg. 75(2) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 37(2) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F120Reg. 75(2A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 37(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F121Word in Sch. 2 para. 1(1) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 38 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F122Sch. 2A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 39 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F123Word in Sch. 3 para. 1(d) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 40 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F124Sch. 3A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 41 (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F125Word in Sch. 5 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F126Words in Sch. 5 para. 1 substituted (E.W.S.) (31.12.2020) The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(aa) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(5); and as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted, substituted) should be read in conjunction with other related provisions, see the commentary.inserted, substituted: England, Wales and Scotlandinserted, substituted
F127Sch. 5 para. 8 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(ab) (with Sch. 19 para. 36) (as inserted by S.I. 2020/1460, reg. 1(4), Sch. 3 para. 11(5); and as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted, substituted) should be read in conjunction with other related provisions, see the commentary.inserted, substituted: England, Wales and Scotlandinserted, substituted
F128Words in Sch. 5 para. 9(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F129Word in Sch. 5 para. 11(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(c)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F130Words in Sch. 5 para. 11(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(c)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F131Word in Sch. 5 para. 17 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(d)(i) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F132Words in Sch. 5 para. 17 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 42(d)(ii) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F133Word in Sch. 6 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F134Shoulder note in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(2) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F135Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(4) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F136Word in Sch. 6 para. 5 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(6)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F137Words in Sch. 6 para. 5(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(6)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F138Sch. 6 para. 5A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F139Words in Sch. 6 para. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(vi)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F140Words in Sch. 6 para. 6(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F141Word in Sch. 6 para. 6(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(7)(c) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F142Sch. 6 para. 6A inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(8) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(h)(vii)); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.inserted: England, Wales and Scotlandinserted
F143Word in Sch. 6 para. 7 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(9) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F144Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(5) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F144Words in Sch. 6 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(5) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F145Words in Sch. 6 para. 14 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(10) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F146Word in Sch. 6 para. 15 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(11)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F147Words in Sch. 6 para. 15 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 43(11)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F1481974 c.37.
F1491987 c.43.
F150S.I. 2010/1554; amended by S.I. 2011/1885, 2012/1848, 2012/2963, 2013/602, 2013/1948 and 2013/1950.
F151Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(a)(i)substituted: Northern Irelandsubstituted
F152Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(a)(ii)substituted: Northern Irelandsubstituted
F153OJ L 178, 28.6.2013, p. 27.
F154OJ L 316, 14.11.2012, p. 12.
F155Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(b)(i)substituted: Northern Irelandsubstituted
F156Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(b)(ii)substituted: Northern Irelandsubstituted
F157Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(c)(i)substituted: Northern Irelandsubstituted
F158Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(c)(ii)substituted: Northern Irelandsubstituted
F159OJ L 218, 13.8.2008, p. 30.
F160Words in reg. 2(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(a)(iii)substituted: Northern Irelandsubstituted
F161OJ L 155, 17.4.2014, p. 28.
F162Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(1)(d)inserted: Northern Irelandinserted
F163Words in reg. 2(1) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(2)inserted: Northern Irelandinserted
F1641985 c.72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 144 and the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 75.
F165Words in reg. 2(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(2)substituted: Northern Irelandsubstituted
F1662004 c.21.
F167OJ L 46, 17.02.1997, p. 25.
F168OJ L 170, 30.6.2009, p. 1.
F169OJ L 121, 15.5.1993, p. 20.
F170Words in reg. 3(2)(h)(i) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 2(3)substituted: Northern Irelandsubstituted
F171Word in reg. 9 heading omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(2)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F172Word in reg. 9 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(2)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F173Words in reg. 9(1)(a) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(3) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F174Word in reg. 9(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(4)(a) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted: England, Wales and Scotlandsubstituted
F175Words in reg. 9(1)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(4)(b) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F176Word in reg. 9(2) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(5) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.omitted: England, Wales and Scotlandomitted
F177Reg. 9(3) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 19 para. 6(6) (with Sch. 19 para. 36) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F178Words in reg. 11 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)substituted: Northern Irelandsubstituted
F179Words in reg. 11(5) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)substituted: Northern Irelandsubstituted
F180OJ L 396, 30.12.2006, p. 1.
F181Words in reg. 17(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)substituted: Northern Irelandsubstituted
F182Words in reg. 18(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)substituted: Northern Irelandsubstituted
F183Words in reg. 18(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(3)substituted: Northern Irelandsubstituted
F184Words in reg. 22(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)substituted: Northern Irelandsubstituted
F185Words in reg. 25(1)(a)(iii) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(1)substituted: Northern Irelandsubstituted
F186Words in reg. 27(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 3(2)substituted: Northern Irelandsubstituted
F187Words in reg. 43(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(a)substituted: Northern Irelandsubstituted
F188Words in reg. 43(1)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(b)(i)inserted: Northern Irelandinserted
F189Word in reg. 43(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(b)(ii)substituted: Northern Irelandsubstituted
F190Reg. 43(1)(c) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(1)(c)inserted: Northern Irelandinserted
F191Words in reg. 44 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(2)substituted: Northern Irelandsubstituted
F192Words in reg. 49(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 4(3)substituted: Northern Irelandsubstituted
F193Words in reg. 57(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(a)substituted: Northern Irelandsubstituted
F194Words in reg. 57(4) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(b)(i)inserted: Northern Irelandinserted
F195Words in reg. 57(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(a)substituted: Northern Irelandsubstituted
F196Words in reg. 57(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(b)(ii)substituted: Northern Irelandsubstituted
F197Reg. 57(4A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(c)inserted: Northern Irelandinserted
F198Words in reg. 57(5)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(a)substituted: Northern Irelandsubstituted
F199Words in reg. 57(5)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(d)substituted: Northern Irelandsubstituted
F200Words in reg. 57(7) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(1)(e)substituted: Northern Irelandsubstituted
F201Words in reg. 59(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(3)(a)(i)inserted: Northern Irelandinserted
F202Words in reg. 59(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(3)(a)(ii)substituted: Northern Irelandsubstituted
F203Reg. 59(3A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 5(3)(b)inserted: Northern Irelandinserted
F204Reg. 60(1)(aa) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(4)inserted: Northern Irelandinserted
F205Words in reg. 63(2) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(5)(a)inserted: Northern Irelandinserted
F206Reg. 63(3) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 6(5)(b)inserted: Northern Irelandinserted
F207Words in reg. 73(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 6(1)substituted: Northern Irelandsubstituted
F208Words in reg. 74(5) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 6(2)substituted: Northern Irelandsubstituted
F209OJ L 154, 14.6.2007, p. 1.
F210S.I. 2013/1950.
F2111875 c.17; section 31(2) to (5) was inserted by S.I. 2010/1554.inserted
F2122003 c.22.
F213S.I. 2004/1836; amended by the Commissioners for Revenue and Customs Act 2005, section 50, S.I. 2004/3262 and 2010/1554.
F214S.R. (N.I.) 2002 No. 147; amended by S.I. 2010/1554.: Northern Ireland
F215Words in Sch. 4 para. 5(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(1)substituted: Northern Irelandsubstituted
F216Words in Sch. 9 para. 2(8) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(2)substituted: Northern Irelandsubstituted
F217Words in Sch. 9 para. 3(13) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 7 para. 7(2)substituted: Northern Irelandsubstituted
M1S.I. 2009/2743, S.I. 2009/3214.
M21972 c.68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.
M3Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.
M41974 c.37.
M51987 c.43.
M6S.I. 2010/1554; amended by S.I. 2011/1885, 2012/1848, 2012/2963, 2013/602, 2013/1948 and 2013/1950.
M7OJ L 178, 28.6.2013, p. 27.
M8OJ L 218, 13.8.2008, p. 30.
M91985 c.72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, the Local Government etc. (Scotland) Act 1994 (c.39), Schedule 13, paragraph 144 and the Local Government (Wales) Act 1994 (c.19), Schedule 16, paragraph 75.
M102004 c.21.
M11OJ L 46, 17.02.1997, p. 25.
M12OJ L 170, 30.6.2009, p. 1.
M13OJ L 121, 15.5.1993, p. 20.
M14OJ L 396, 30.12.2006, p. 1.
M15OJ L 154, 14.6.2007, p. 1.
M16S.I. 2013/1950.
M171875 c.17; section 31(2) to (5) was inserted by S.I. 2010/1554.
M182003 c.22.
M19S.I. 2004/1836; amended by the Commissioners for Revenue and Customs Act 2005, section 50, S.I. 2004/3262 and 2010/1554.
M20S.R. (N.I.) 2002 No. 147; amended by S.I. 2010/1554.
M21S.I. 2014/1638.
Defined TermSection/ArticleIDScope of Application
1974 Actreg. 2. of PART 11974_Act_lgL9U4P
1974 Actreg. 2. of PART 11974_Act_lg4q08p
1987 Actreg. 2. of PART 11987_Act_lgHo4CZ
1987 Actreg. 2. of PART 11987_Act_lgM5YV8
2007 Directivereg. 74. of PART 62007_Direc_lgsBsIU
2007 Directivereg. 74. of PART 62007_Direc_lg8okxt
2010 Regulationsreg. 2. of PART 12010_Regul_lgJ21xj
2010 Regulationsreg. 2. of PART 12010_Regul_lgyT2by
accreditationreg. 2. of PART 1accreditat_lgo2jsm
accreditation certificatereg. 2. of PART 1accreditat_lgB5rr4
accreditation certificatereg. 44. of PART 4accreditat_lgeMSKF
aerial wheelreg. 2. of PART 1aerial_whe_lgDrEry
aerial wheelreg. 2. of PART 1aerial_whe_lgygYBw
appropriate courtreg. 70. of PART 5appropriat_rtLU2Rw
approved bodyreg. 2. of PART 1approved_b_lg962oA
approved bodyreg. 38E. of Chapter 6 of PART 2approved_b_rtLKJZG
approved body requirementsreg. 43. of PART 4approved_b_lgek0g7
bangerreg. 2. of PART 1banger_lgFF6Xf
bangerreg. 2. of PART 1banger_lg0Qgzu
batteryreg. 2. of PART 1battery_lg7TRxD
batteryreg. 2. of PART 1battery_lgJvfdn
category F1 fireworkreg. 2. of PART 1category_F_lglVQCK
category F1 fireworkreg. 2. of PART 1category_F_lgGzDfs
category F2 fireworkreg. 2. of PART 1category_F_lgvyzXf
category F2 fireworkreg. 2. of PART 1category_F_lg2v8Ho
category F3 fireworkreg. 2. of PART 1category_F_lgmstoo
category F3 fireworkreg. 2. of PART 1category_F_lgEyJgA
category F4 fireworkreg. 2. of PART 1category_F_lgeed8u
category F4 fireworkreg. 2. of PART 1category_F_lgTIUxN
category P1 other pyrotechnic articlereg. 2. of PART 1category_P_lgzi8H0
category P1 other pyrotechnic articlereg. 2. of PART 1category_P_lgbsiWN
category P2 other pyrotechnic articlereg. 2. of PART 1category_P_lgQD9db
category P2 other pyrotechnic articlereg. 2. of PART 1category_P_lgB6gLy
category T1 theatrical pyrotechnic articlereg. 2. of PART 1category_T_lgn1sfJ
category T1 theatrical pyrotechnic articlereg. 2. of PART 1category_T_lgLD5zc
category T2 theatrical pyrotechnic articlereg. 2. of PART 1category_T_lgq68Ko
category T2 theatrical pyrotechnic articlereg. 2. of PART 1category_T_lg5qQVo
CE markingreg. 2. of PART 1CE_marking_lgKVZOK
CE markingreg. 38A. of Chapter 6 of PART 2CE_marking_lgb2bmU
CE markingreg. 38F. of Chapter 6 of PART 2CE_marking_lgfVrR5
Christmas crackerreg. 2. of PART 1Christmas__lgUvDfC
Christmas crackerreg. 2. of PART 1Christmas__lgA95T4
combinationreg. 2. of PART 1combinatio_lgLLIL8
combinationreg. 2. of PART 1combinatio_lgGDEHJ
competent national authorityreg. 2. of PART 1competent__lgN3lXk
conditional sale agreementpara 2. of SCHEDULE 7conditiona_rtSONxD
conformity assessmentreg. 2. of PART 1conformity_lg280Iu
conformity assessmentreg. 2. of PART 1conformity_lgP4WU8
conformity assessment bodyreg. 2. of PART 1conformity_lgNhfKo
conformity assessment bodyreg. 2. of PART 1conformity_lgVaCnH
credit-sale agreementpara 2. of SCHEDULE 7credit-sal_rtvoJkw
declaration of conformityreg. 2. of PART 1declaratio_lghpQy6
declaration of conformityreg. 38A. of Chapter 6 of PART 2declaratio_rtSErVh
designated standardreg. 2. of PART 1designated_lg7EBOT
designated standardreg. 2A. of PART 1designated_lgvFsXu
designated standardreg. 38A. of Chapter 6 of PART 2designated_rtLad5R
designated standardreg. 38E. of Chapter 6 of PART 2designated_rtFmrVX
Directivereg. 2. of PART 1Directive_lg15UzC
Directivereg. 2. of PART 1Directive_lgPEXUv
distributorreg. 2. of PART 1distributo_lg7D5Zn
distributorreg. 2. of PART 1distributo_lgfHxfZ
double bangerreg. 2. of PART 1double_ban_lgmRBTR
double bangerreg. 2. of PART 1double_ban_lgRSpqr
economic operatorreg. 2. of PART 1economic_o_lgbIb0c
economic operatorreg. 2. of PART 1economic_o_lgH7SDh
enforcing authorityreg. 2. of PART 1enforcing__lg8IcBZ
enforcing authorityreg. 2. of PART 1enforcing__lgrIqDW
essential safety requirementsreg. 2. of PART 1essential__lgN46sz
essential safety requirementsreg. 2. of PART 1essential__lgERv6y
essential safety requirementsreg. 38A. of Chapter 6 of PART 2essential__rtlYU55
essential safety requirementsreg. 38E. of Chapter 6 of PART 2essential__lgfFILc
EU declaration of conformityreg. 2. of PART 1EU_declara_lgrFxrR
European Commissionreg. 2. of PART 1European_C_lgmPnkC
European Commissionreg. 2. of PART 1European_C_lgAcggt
fireworkreg. 2. of PART 1firework_lgyMdHO
fireworkreg. 2. of PART 1firework_lgHOFOH
flash bangerreg. 2. of PART 1flash_bang_lgbgyt1
flash bangerreg. 2. of PART 1flash_bang_lgfio4L
for outdoor use onlypara 2. of SCHEDULE 3for_outdoo_rtUt23f
for outdoor use onlypara 2. of SCHEDULE 3for_outdoo_rtzccNR
for outdoor use onlypara 2. of SCHEDULE 3for_outdoo_rtctuZo
for outdoor use onlypara 2. of SCHEDULE 3for_outdoo_rtFlguQ
for use only by persons with specialist knowledgepara 2. of SCHEDULE 3for_use_on_rtBmB5b
for use only by persons with specialist knowledgepara 2. of SCHEDULE 3for_use_on_rt9fAkw
gaspara 2. of SCHEDULE 7gas_rtPWSKo
GB enforcerreg. 53. of PART 5GB_enforce_lgOkiuc
harmonised standardreg. 2. of PART 1harmonised_lg18NRd
harmonised standardreg. 38A. of Chapter 6 of PART 2harmonised_lgL0Vip
harmonised standardreg. 38E. of Chapter 6 of PART 2harmonised_lgv2HsE
importerreg. 2. of PART 1importer_lgCcOC9
importerreg. 2. of PART 1importer_lgQDiMC
in conformity with Part 2reg. 2. of PART 1in_conform_lg2BO8M
in conformity with Part 2reg. 2. of PART 1in_conform_lg3OB7D
Institutepara 3. of SCHEDULE 9Institute_lghoCZi
Institutepara 3. of SCHEDULE 9Institute_lg6b59P
international standardising bodyreg. 2A. of PART 1internatio_lglDZgo
jumping crackerreg. 2. of PART 1jumping_cr_lgAmtR5
jumping crackerreg. 2. of PART 1jumping_cr_lgeMILX
jumping ground spinnerreg. 2. of PART 1jumping_gr_lgwNE3D
jumping ground spinnerreg. 2. of PART 1jumping_gr_lg2mPGP
liability insurancepara 5. of SCHEDULE 4liability__rtuMl6kalert
liability insurancepara 5. of SCHEDULE 4liability__rtK5qI8alert
make available on the marketreg. 2. of PART 1make_avail_lgIAR93
make available on the marketreg. 2. of PART 1make_avail_lgjo4hC
manufacturerreg. 2. of PART 1manufactur_lgX3QRt
manufacturerreg. 2. of PART 1manufactur_lgeaK1u
market surveillance authorityreg. 2. of PART 1market_sur_lg9WQA6
market surveillance authorityreg. 2. of PART 1market_sur_lgPxfSX
mini-rocketreg. 2. of PART 1mini-rocke_lgPy6so
mini-rocketreg. 2. of PART 1mini-rocke_lgNPr11
national accreditation bodyreg. 2. of PART 1national_a_lgb6UWV
NI enforcerreg. 53. of PART 5NI_enforce_lgoqRgt
non-compliancepara 4. of SCHEDULE 9non-compli_lgw8xFz
noticereg. 70. of PART 5notice_lgIeeAu
notified bodyreg. 2. of PART 1notified_b_lgMaXusalert
notified bodyreg. 43. of PART 4notified_b_lgHj5TH
notified body requirementsreg. 2. of PART 1notified_b_lgQcKvA
partnershipreg. 67. of PART 5partnershi_lgf0bcX
person with specialist knowledgereg. 2. of PART 1person_wit_lgj0GYL
person with specialist knowledgereg. 2. of PART 1person_wit_lg8ZkXG
place on the marketreg. 2. of PART 1place_on_t_lgf6OJm
place on the marketreg. 2. of PART 1place_on_t_lg5qyGk
pre-exit periodreg. 74A. of PART 6pre-exit_p_lgXHEpJ
prescribed periodreg. 57. of PART 5prescribed_lgkejEW
prescribed periodreg. 57. of PART 5prescribed_lg3UamT
prescribed periodreg. 59. of PART 5prescribed_lgqD31T
prescribed periodreg. 59. of PART 5prescribed_lgE50QX
primary packreg. 2. of PART 1primary_pa_lg7N014
primary packreg. 2. of PART 1primary_pa_lgSscXp
productreg. 2A. of PART 1product_lg8Tl59
productreg. 74A. of PART 6product_lgvsaaa
proper addressreg. 67. of PART 5proper_add_lgpvhh3
pyrotechnic articlereg. 2. of PART 1pyrotechni_lgQ1gpq
pyrotechnic articlereg. 2. of PART 1pyrotechni_rtTngIC
pyrotechnic articlereg. 2. of PART 1pyrotechni_lg8lCaS
pyrotechnic articlereg. 2. of PART 1pyrotechni_rt54Mbx
pyrotechnic article for a vehiclereg. 2. of PART 1pyrotechni_lgGYeZr
pyrotechnic article for a vehiclereg. 2. of PART 1pyrotechni_lgcSHU3
qualifying Northern Ireland goodsreg. 38F. of Chapter 6 of PART 2qualifying_lgMm58X
RAMSreg. 2. of PART 1RAMS_lgYr2CI
RAMSreg. 2. of PART 1RAMS_lgaDtu1
recallreg. 2. of PART 1recall_lgoyUOk
recallreg. 2. of PART 1recall_lgNbswi
recognised standardisation bodyreg. 2A. of PART 1recognised_lgBMbBH
registration numberreg. 2. of PART 1registrati_lgfRqH2
registration numberreg. 38B. of Chapter 6 of PART 2registrati_lgJWmdR
relevant conformity assessment procedurereg. 2. of PART 1relevant_c_lgw84N0
relevant conformity assessment procedurereg. 2. of PART 1relevant_c_lgVnu5G
relevant conformity assessment procedurereg. 38A. of Chapter 6 of PART 2relevant_c_rt6jTAL
relevant conformity assessment procedurereg. 38D. of Chapter 6 of PART 2relevant_c_rtESVnS
relevant conformity assessment procedurereg. 38E. of Chapter 6 of PART 2relevant_c_rtdkzpF
relevant conformity assessment procedurereg. 38F. of Chapter 6 of PART 2relevant_c_lgWKaBw
relevant economic operatorreg. 2. of PART 1relevant_e_lg0AZeT
relevant economic operatorreg. 2. of PART 1relevant_e_lgKIJCh
relevant marketreg. 2. of PART 1relevant_m_lgGUwAs
relevant noticereg. 72. of PART 5relevant_n_lgvSr0m
relevant personreg. 65. of PART 5relevant_p_lgejeF6
relevant statereg. 2. of PART 1relevant_s_lgLLHy1
relevant statutory provisionspara 2. of SCHEDULE 8relevant_s_rtkoLHH
required documentsreg. 15. of Chapter 2 of PART 2required_d_lgA9AG0
required documentsreg. 15. of Chapter 2 of PART 2required_d_lgNpfww
required documentsreg. 25. of Chapter 4 of PART 2required_d_lgYMEXP
required documentsreg. 25. of Chapter 4 of PART 2required_d_lgD4Kdj
required informationreg. 20. of Chapter 3 of PART 2required_i_lgrgTld
required informationreg. 20. of Chapter 3 of PART 2required_i_lgYRx0L
riskpara 2. of SCHEDULE 8risk_rtjII6J
riskpara 2. of SCHEDULE 8risk_rthE4jc
riskreg. 2. of PART 1risk_lgacQPL
riskreg. 2. of PART 1risk_lgpZ1us
riskreg. 2. of PART 1risk_lgQNReU
riskreg. 2. of PART 1risk_lgm0GTb
safety data sheetreg. 12. of Chapter 1 of PART 2safety_dat_lgBpkV7
safety data sheetreg. 38C. of Chapter 6 of PART 2safety_dat_lgETsc8
Schedule 2Areg. 38E. of Chapter 6 of PART 2Schedule_2_rtHZ8XS
Schedule 3reg. 38B. of Chapter 6 of PART 2Schedule_3_rtPko7M
selection packreg. 2. of PART 1selection__lgeJeBg
selection packreg. 2. of PART 1selection__lgIbd5N
shot tubereg. 2. of PART 1shot_tube_lggJoSr
shot tubereg. 2. of PART 1shot_tube_lgz8HOi
snapreg. 2. of PART 1snap_lgpwOwa
snapreg. 2. of PART 1snap_lg68kB0
sparklerpara 2. of SCHEDULE 3sparkler_lgpFB3Salert
spinnerreg. 2. of PART 1spinner_lgQY6XZ
spinnerreg. 2. of PART 1spinner_lg0697A
statutory requirementsreg. 38E. of Chapter 6 of PART 2statutory__rtV0aAf
subsidiaryreg. 49. of PART 4subsidiary_lgWwFzb
supplypara 1. of SCHEDULE 7supply_rttj2Z5
technical documentationreg. 2. of PART 1technical__lgCBXEq
technical documentationreg. 2. of PART 1technical__lgEhYBl
technical documentationreg. 38A. of Chapter 6 of PART 2technical__lgf2KL8
technical documentationreg. 38D. of Chapter 6 of PART 2technical__rtPjKUH
technical documentationreg. 38E. of Chapter 6 of PART 2technical__rtN1ECr
technical documentationreg. 38F. of Chapter 6 of PART 2technical__lgtdjE3
technical specificationreg. 2. of PART 1technical__lgluK2v
technical specificationreg. 2. of PART 1technical__lg8a6Lg
technical specificationreg. 2A. of PART 1technical__lgWyMZN
that authoritypara 2. of SCHEDULE 8that_autho_rt1Rmqjalert
the authoritypara 2. of SCHEDULE 8the_author_rtmg3Vkalert
the commencement datereg. 1. of PART 1legTermabkHXyyn
the enforcing authority which appointed himpara 2. of SCHEDULE 8the_enforc_rtmlmzmalert
the theatrical professionpara 2. of SCHEDULE 4the_theatr_lgX5WOX
theatrical pyrotechnic articlereg. 2. of PART 1theatrical_lgYPFfB
theatrical pyrotechnic articlereg. 2. of PART 1theatrical_lg10Rke
third party allegationreg. 64. of PART 5third_part_lgRVicI
UK safety data sheetreg. 12. of Chapter 1 of PART 2legTermq3kEQRQn
UK markingreg. 2. of PART 1UK_marking_lg1Zl8z
UK markingreg. 38A. of Chapter 6 of PART 2UK_marking_rtoDGV3
UK national accreditation bodyreg. 2. of PART 1UK_nationa_lgUuXAK
UK registration numberreg. 2. of PART 1UK_registr_lgWPL9j
UK registration numberreg. 38B. of Chapter 6 of PART 2UK_registr_rt0y0nl
UK registration numberreg. 38B. of Chapter 6 of PART 2UK_registr_rtvTcUn
UK safety data sheetreg. 38C. of Chapter 6 of PART 2UK_safety__rt5HSni
UK(NI) indicationreg. 2. of PART 1UK(NI)_ind_lglnnHa
Warning: not to be given to children under 5 years of agepara 2. of SCHEDULE 3Warning:_n_rtuBP9V
weights and measures authorityreg. 2. of PART 1weights_an_lgn69tP
weights and measures authorityreg. 2. of PART 1weights_an_lgIZfXB
wheelreg. 2. of PART 1wheel_lg3Ytwv
wheelreg. 2. of PART 1wheel_lgOwWk2
withdrawreg. 2. of PART 1withdraw_rt1K5Kb
withdrawreg. 2. of PART 1withdraw_rt30gML
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.