There are strict rules in place in the UK regulating the sale, possession and use of fireworks. This House of Commons briefing paper provides an overview of the current legislative provisions regulating the supply and use of fireworks in England and Wales and (in the main) Scotland.
The Pyrotechnic Articles (Safety) Regulations 2015 as amended by the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019) deal with the safety of fireworks as a consumer product. Economic operators (manufacturers, importers, and distributors) must not place, or make available, fireworks on the market in Great Britain unless they conform with certain requirements. These requirements include meeting essential safety provisions, conformity attestation against the relevant tests, and correct application of the CE or new UKCA mark. Importantly, a manufacturer must keep the technical documentation and the declaration of conformity drawn up in respect of a firework for a period of 10 years (beginning on the day on which the firework is placed on the market).
There are various categories of fireworks. Category F1 fireworks present a very low hazard and are intended for use in confined areas, including inside domestic buildings. Categories F2 and F3 fireworks are on general sale to the public but only category F2 fireworks are intended for outdoor use in confined areas (such as a small garden).
Under the 2015 Regulations, an economic operator (i.e., retailer) must not sell category F1 fireworks to anyone under the age of 16. F2 and F3 category fireworks must not be sold to anyone under 18. The most powerful F4 category fireworks (display fireworks) must not be sold to members of the public; they can only be supplied to a person with specialist knowledge. These measures are specifically designed to promote consumer safety.
The Fireworks Regulations 2004 (as amended) are designed to tackle the anti-social use of fireworks. Since January 2005 the sale of fireworks to the public is prohibited, except from licensed traders. However, fireworks can be sold by unlicensed traders for:
Chinese New Year and the preceding three days.
Diwali and the proceeding three days.
Bonfire Night celebrations (15 October to 10 November).
New Year celebrations (26 to 31 December).
Under the 2004 Regulations, it is an offence to use fireworks after 11pm and before 7am without permission (except on permitted fireworks nights when the times are extended).
This briefing paper provides a detailed overview of the current legislative provisions regulating the manufacture, storage, supply, possession and use of fireworks in England and Wales and (in the main) Scotland. The regulation of the sale of fireworks in Scotland is regarded as a consumer safety issue and as such is a reserved matter. However, the use of fireworks is a devolved matter, and there is some legislative variation in respect of Scotland.
The paper is available here.
House of Commons October 2021