Fireworks (Amendment) Bill

The Fireworks (Amendment) Bill was introduced into the House of Commons on December 20, 2005. The main aim of the Bill is to extend the types of fireworks which are prohibited under fireworks regulations, where these regulations contain prohibitions designed to minimise or remove the risk of defined harmful consequences.

At present there is a prohibition on Category 4 fireworks, which are those that are incomplete or which are not intended for sale to the general public. Regulation 5 of the Firework Regulations 2004 prohibits the possession of a Category 4 firework, subject to certain exceptions – for example where the possession is by persons who are local authority officers and people involved in professional displays (contained in Regulation 6).

Regulation 8 of the 2004 Regulations prohibits the supply of ‘excessively loud Category 3 fireworks’ (those which produce a maximum sound pressure exceeding 120 dBAI). The Bill concentrates on these Category 3 fireworks.

Clause 1 Subsection (1) of the Bill inserts a new Section 5A after Section 5 of the Fireworks Act 2003. This subsection would prevent fireworks which produce a maximum sound pressure exceeding 97 dBAI from being available to the public. This sound pressure will be measured at a horizontal distance of 15 metres from the device. These are known as loud fireworks of Category 3. A Category 3 firework is not expressly defined in the Bill, although this terminology reflects Categories 1 to 4 which are used in BS 7114 Part 1. Also, the categories are already referred to in the 2003 Act S5(3).

The definition of a ‘loud firework’ is provided by the new S5A(2), (3) and (4). This is a firework which does not meet the noise requirement of 97 dBAI.

Clause 2 sets out consequential amendments. It does so by referring to Schedule 2, which brings the 2004 Regulations into line with the requirements of new Section 5A by extending the prohibitions to loud Category 3 fireworks.

Clause 3 subsection 3 states that the territorial extent of the Bill would be England and Wales.

Schedule 1 sets out a new Schedule 1 to the 2003 Act. This contains changes to the relevant test specifications which are set out in BS 7714 Part 3, which will give effect to the 97 dBAI threshold (which the new S5A(3) imposes for Category 3 fireworks).

Schedule 2 sets out the consequential amendments. These are in relation to the 2004 Regulations. The relevant prohibitions which are imposed by Regulations 5, 7 and 8 are either modified or extended to include loud Category 3 fireworks.

The commencement of this Bill will be three months after it is given Royal Assent (Clause 3(2)). This will affect the police, as the amendments to the 2004 Regulations extend the scope of prohibitions which have criminal sanctions. The Bill can be found in full via www.publications.parliament.uk/pa/pabills.htm#s