
2002 No. 147
EXPLOSIVES
Explosives (Fireworks) Regulations (Northern Ireland) 2002
Made 11th April 2002
To be laid before Parliament 
Coming into operation 6th May 2002
The Secretary of State, in pursuance of sections 1(4A) and 3 of the Explosives Act (Northern Ireland) 1970, hereby makes the following Regulations:
Citation and commencement
1 
These Regulations may be cited as the Explosives (Fireworks) Regulations (Northern Ireland) 2002 and shall come into operation on 6th May 2002.
Interpretation
2 

(1) In these Regulations—
 the  “2015 Regulations” means the Pyrotechnic Articles (Safety) Regulations 2015;
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 “category F1 firework” has the meaning set out in paragraph 1 of Schedule 1 (categories of pyrotechnic article) to the 2015 Regulations;
 “category F2 firework” has the meaning set out in paragraph 2 of Schedule 1 to the 2015 Regulations;
 “category F3 firework” has the meaning set out in paragraph 3 of Schedule 1 to the 2015 Regulations;
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 “enforcing authority” has the meaning set out in regulation 2(1) (interpretation) of the 2015 Regulations;
 “firework” 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;
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 “pyrotechnic composition” means a substance or a mixture of substances designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reactions;
 “sparkler” means a firework comprising a rigid wire partially coated with slow burning pyrotechnic composition, the functioning of which involves the emission of sparks without a report;
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Savings for Explosives Acts
3 
Nothing in these Regulations shall affect or derogate from any provisions under the Explosives Act 1875 or the  Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006  whether by Order in Council, Rule or other Statutory Instrument.
Part II
Prohibition on the possession, purchase, sale, acquisition, handling or use of fireworks
4 

(1) Subject to regulation 9, the possession, purchase, sale, acquisition, handling or use of fireworks by a person other than a ... Constable or representative of an enforcing authority acting in his capacity as such shall be prohibited except under licence issued by the Secretary of State.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Exception for special effects purposes
5 
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Licence for the possession, purchase, sale, acquisition, handling or use of fireworks
6 

(1) An application for a licence under regulation 4(1) shall be made in writing to the Secretary of State and shall be accompanied by such information and in such form and be made in such time as the Secretary of State may require.
(2) A licence under regulation 4(1) shall be in such form and subject to such conditions bearing on health and safety as the Secretary of State may require.
(3) Without prejudice to the generality of paragraph (2), the conditions imposed under that paragraph may include conditions as to the persons who are present, on behalf of the applicant, when the fireworks are fired.
(4) The Secretary of State shall not issue a licence under regulation 4(1) unless he is satisfied that to do so would not put at risk the health and safety of any person.
Production of licence
7 

(1) The purchaser of fireworks acting under a licence issued under regulation 4(1) shall produce his licence to the seller at the time of purchase and the seller, where such licence is not so produced, shall be prohibited from selling such fireworks.
(2) The seller of fireworks subject to licence under regulation 4(1), shall keep a permanent record of all sales of such fireworks. He shall record the name and address of every person to whom he sells such fireworks together with the date of each such sale and particulars of the quantity and type of the fireworks sold and the licence number.
(3) The record shall be retained for at least two years.
(4) The record shall on demand be immediately produced for inspection by a ... Constable or representative of an enforcing authority on production of his warrant.
Labelling requirements
8 
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Fireworks exempt from prohibition
9 

(1) Regulation 4(1) shall not apply to—
(a) the fireworks in Schedule 1 ...; and
(b) any person licensed under regulation 11, or registered under regulation 13, of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006 to keep classified fireworks for the purpose of wholesale or retail trade;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) In paragraph 1 “classified” means classified in accordance with regulation 5 of the Carriage of Explosives Regulations (Northern Ireland) 2010.
Licence fee
10 
The fee payable to the Secretary of State for the processing of a licence under regulation 4(1) shall be such sum as is specified in Schedule 3.
Part III
Display of notice and certificate
11 

(1) 
(a) A notice displaying the following statement—“It is illegal to sell category F1 fireworks to anyone under the age of 16 and category F2 fireworks and category F3 fireworks to anyone under the age of 18”shall be exhibited at every premises at which fireworks are sold by retail and shall be so exhibited in a prominent position where it can be easily read by persons at the point of sale, and comprise characters in bold black colour against a white background;
(b)  the dimensions of the notice to be exhibited in accordance with paragraph (a) shall be not less than 297 millimetres by 420 millimetres and the size of the statement to be displayed on the notice shall be such that no character is less than 36 millimetres high.
(2) The original certificate of registration  under regulation 13 of the Manufacture and Storage of Explosives Regulations (Northern Ireland) 2006  shall be displayed prominently at the point of sale.
Transactions in fireworks
12 
The provisions of section 1(1) and (2) of the Explosives Act (Northern Ireland) 1970 shall not apply to  carrying out, or undertaking to carry out, transactions in fireworks which are in accordance with the 2015 Regulations.
Offences
13 
A person who contravenes regulations 4, 7 ... or 11 or any condition of a licence issued by the Secretary of State under regulation 4(1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Repeal
14 
The Explosives (Fireworks) Regulations (Northern Ireland) 1999 are hereby repealed.
John Reid
One of her Majesty’s Principal Secretaries of State
Northern Ireland Office
11th April 2002
SCHEDULE 1
Fireworks exempt from the provisions of regulation 4(1)
Regulation 9


1. Category  F1 fireworks.
2. Sparklers in category  F2.

SCHEDULE 2
Regulation 12

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SCHEDULE 3
Scale of licence fees
Regulation 10

Fees for Firework Licences— 
Where the attendance of any persons at a fireworks display will not exceed 100; £30
Where the attendance of any persons at a fireworks display will exceed 100 but will not exceed 1000; £80
Where the attendance of any persons at a fireworks display will exceed 1000; £160
The sum payable for the processing of a fireworks licence shall not be refundable in the event of the licence not being issued on the grounds of health and safety or if the applicant withdraws his application within 10 days of the date of the proposed fireworks display.