The Act Schedule 1—Exemptions
125.Schedule 1 sets out exemptions to certain offences in Parts 2 to 5. These exemptions generally relate to persons whom, by virtue of their employment (for example), should not be criminalised for purchasing, acquiring, possessing or using fireworks contrary to the Act, such as those employed by a regulatory authority (defined in section 45), professional organisers or operators of a fireworks display or pyrotechnics display, those who carry out a business in accordance with the Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553). The schedule also contains exemptions for organisers of a public fireworks display in certain situations.
126.Paragraphs 1 to 6 set out exemptions in relation to regulatory authorities (who are defined under section 51 as the Chief Constable of the Police Service of Scotland, the Health and Safety Executive, a local authority and a local weights and measures authority). Exemptions are set out in relation to the following offences: purchase etc. of fireworks by a person without a fireworks licence who is acting on behalf of a regulatory authority; supply of fireworks between unlicensed persons who are employed by, or acting under the direction of, a regulatory authority; use of fireworks by a person acting on behalf of a regulatory authority on a restricted day; a person acting on behalf of a regulatory authority igniting fireworks in a firework control zone; and possession by an employee of a regulatory authority of a pyrotechnic article while in a designated venue or while at a designated event.
127.Paragraphs 7 to 13 set out exemptions relating to persons employed by, or in business as, a professional organiser or operator of firework displays in so far as the person is acting in connection with that business. Exemptions are set out in relation to the following offences: purchase etc. of fireworks by such a person without a fireworks licence; supply to such a person without a fireworks licence; giving or otherwise making available fireworks or pyrotechnic articles to such a person who is under 18 years of age; supply of fireworks to, or use of fireworks by, such a person on a restricted day; ignition of fireworks in a firework control zone as part of a public fireworks display (as defined in section 51) by such a person; or possession of a pyrotechnic article while in a designated venue or while at a designated event by such a person.
128.Paragraphs 14 to 19 set out exemptions relating to a person either employed by a business, or whose own trade or business is the manufacture, importation, distribution or supply of fireworks, in so far as the person is acting in connection with that trade or business. Exemptions are set out in relation to the following offences: purchase etc. of fireworks by such a person without a fireworks licence; supply to such a person without a fireworks licence; giving or otherwise making available fireworks or pyrotechnic articles to such a person who is under the age of 18 for purposes necessary in connection with that person’s trade or business; supply of fireworks to, or use of fireworks by, such a person on a restricted day; ignition of fireworks in a firework control zone by such a person; or possession of pyrotechnic article while in a designated venue or while at a designated event by such a person.
129.Paragraphs 20 to 24 set out exemptions relating to a person organising a public fireworks display on behalf a charitable, religious, youth, recreational, community, political or similar organisation in so far as the person is acting for the purpose of putting on such a display. Exemptions are set out in relation to the following offences: supply of fireworks to, or use of fireworks by, such a person on a restricted day; ignition of fireworks in a firework control zone by such a person; possession of a pyrotechnic article in a public place; or possession of a pyrotechnic article while in a designated venue or while at a designated event by such a person. However, these exemptions do not remove the requirement to have a fireworks licence.
130.Paragraph 25 provides an exemption for buying, giving or otherwise making available a firework or a pyrotechnic article to a person under the age of 18 where doing so is in connection with the education or training or the employment of the young person. Any such activity is also subject to any existing legal restrictions, such as health and safety law.
131.Paragraphs 26 and 27 deal with situations where the purchaser is outwith Scotland and the fireworks are also to be delivered outwith Scotland. This means that it is not an offence under section 5 for a person to supply a category F2 or F3 firework to a person who does not have a fireworks licence if the person being supplied is outwith Scotland and the firework is delivered outwith Scotland. Also, it is not an offence under section 22 to supply a category F2 or F3 firework to a person on a day that is not specified in subsection (3) of that section if the person being supplied is outwith Scotland and the firework is delivered outwith Scotland.
132.Paragraphs 28 and 29 provide an exemption for persons who are in the armed forces or cadets or who are members of services or organisations involved in law enforcement, search and rescue services or services in connection with the preservation of life. This suite of exemptions cover employees as well as volunteers and other members in order to ensure that cadet leaders and volunteer rescue services are not impeded in their ability to use pyrotechnic articles. Exemptions are set out in relation to the following offences: giving or otherwise making available fireworks or pyrotechnic articles to a person who is under the age of 18 where the person is a member of the cadets or relevant service and possession a pyrotechnic article in a public place or while in a designated venue or while at a designated event.