NFHiB Spotlight

Spotlight: Fireworks, the Legal Explosive? Part 4

Bangers and Crash: Dealing with the menace of 'legal' explosives - Fireworks

Fireworks and Legislation - Section B

Specific Legislation:

Within specific situations it can constitute an actual offence to cause a disturbance with fireworks.

Legislation that directly applies to fireworks (and indeed Bonfire Nuisance) is the Noise Act 1996 and the Environmental Protection Act 1990.

Main Legislation - Fireworks

Legislation: The 1997 Firework (Safety) Regulations

These regulations were made originally on an emergency basis. They were permanently set into law in 1997. Includes prohibitions and restrictions on firework sales as previously discussed.

Legislation: Town Police Clauses Act 1847 Section 28

Stipulates: 'It is an offence for any person, in any street and to the obstruction, annoyance or danger of the residents or passengers, to throw or set fire to any firework'.

Legislation: Explosives Act 1875 Section 31

Stipulates: 'It is an offence for a person to sell gunpowder to any person apparently under the age of 16 years'.

Legislation: Explosives Act 1875 Section 80

Stipulates: 'It is an offence for a person to throw, cast or fire any firework in or into any highway, street, thoroughfare, or public place'.

Legislation: Explosives Act 1875 Section 131

Stipulates: 'It is an offence for a person, without lawful authority or excuse, to discharge any firework within 50 feet of the centre of a highway which consists of or comprises a carriageway, and in consequence thereof the highway is damaged'.

Legislation: Explosives Act 1875 Section 161

Stipulates: 'It is an offence for a person, without lawful authority or excuse, to discharge any firework within 50 feet of the centre of a highway which consists of or comprises a carriageway, and in consequence thereof a user of the highway is injured, interrupted, or endangered'.

Legislation: Sporting Events (Control of Alcohol etc) Act 1985, Section 2A (1)

Stipulates: 'It is an offence for a person, without lawful authority , to have in his possession any firework':

i) 'at any time during the period of a designated sporting event when he is in any area of a designated sports ground from which the event may be directly viewed, or'

ii) 'while entering or trying to enter a designated sports ground at any time during the period of a designated sporting event at the ground'.

Firework Bill:

The government is currently supporting new restrictions and measures to control the use and sale of fireworks through the Fireworks Bill which is in current progress.

Melanie Johnson, Consumer Minister has backed this private member's bill which has had the introduction from MP, Bill Tynan, Labour.

Melanie Johnson has said:

"This new bill, which the government is supporting, will provide a raft of new powers to control the misuse of fireworks."

The noisiest fireworks would be made illegal and a ban placed on firework use during "anti-social" hours.

"There is too much noise, with fireworks being let off late into the night and lasting for far too long beyond the traditional fireworks season"

The Bill (in .PDF Format PDF Format ) is available to view in full online at NFHiB.