Fireworks and Pyrotechnics Articles (Scotland) Bill: business and regulatory impact assessment

2. Objectives

Fireworks

2.1 The Firework Review Group provided its recommendations to Scottish Ministers in November 2020 and reached a majority consensus that a fundamental shift is required in how fireworks are used and accessed in Scotland through the introduction of a comprehensive set of measures, including:

• The introduction of mandatory conditions before consumers are able to purchase fireworks.
• Restricting the times of day fireworks can be sold.
• Restricting the volume of fireworks that can be purchased.
• Restricting the days and times fireworks can be set off.
• A provision for no-fireworks areas to be introduced where it is not permitted for fireworks to be set off, with local communities having a key role in influencing this.
• The introduction of a proxy purchasing offence to reduce the risk of fireworks being misused by children and young people under the age of 18.

2.2 A number of these recommendations have been progressed through The Fireworks (Scotland) Miscellaneous Amendments Regulations 2021, which amends the Firework (Scotland) Regulations 2004. The changes implemented by these regulations came into effect on 30 June 2021. The Bill progresses the remaining recommendations from the Group including: the introduction of mandatory conditions at the point of the sale for fireworks through a licensing system, restricting the days that fireworks can be set off by the general public, introducing Fireworks Control Zones where the general public cannot set off fireworks and introducing a proxy purchasing offence to criminalise the supply of fireworks to people under the age of 18.

2.3 The Bill includes some measures which go further than the Firework Review Group recommendations in order to achieve policy objectives. These measures were included in the 2021 consultation, as outlined in paragraph 5.8.

2.4 The policy objectives underpinning the Fireworks Action Plan were developed using a behaviour change framework (Individual Social Material) to ensure substantive and long lasting change in relation to how fireworks are used in Scotland. Relevant data and evidence from a variety of sources, including from the emergency services, as well as specific analytical work and international case studies have also informed the policy objectives.

Pyrotechnic Articles

2.5 Evidence gathered through stakeholder engagement, particularly from Police Scotland, on pyrotechnic incidents at different types of events, both within and outwith Scotland, allowed us to identify the main locations and types of events where pyrotechnic articles are misused. This also supported the view that the frequency of pyrotechnic misuse is rising and, to tackle this, legislation needs to be backed up with sufficient police powers which can only be provided through new primary legislation.

2.6 The measures aim to tackle the misuse of pyrotechnic articles, with the overarching policy aim being to protect public safety by deterring those who might misuse pyrotechnic articles from doing so, and thereby reducing the risk to individuals themselves, other members of the public, those working in and around stadia, events and assemblies where misuse mainly occurs, such as stewards, and police attending such events and coming into proximity with the devices.

2.7 These risks range from the potential for minor injury (such as a superficial burn) through to major injuries (such as maiming or disfigurement). While we are not aware of anyone in the UK having died from the misuse of a pyrotechnic article, we are aware that deaths have occurred in other countries and favour a preventative approach to avoid possible worst case scenarios.

2.8 The measures included within the Bill on pyrotechnic articles therefore aim to tackle the misuse of pyrotechnic articles in an appropriate and proportionate way, while ensuring that these measures do not deter those with lawful authority or legitimate reason from carrying and using pyrotechnic articles.

2.9 Following further development of the measures that were proposed in the 2021 consultation, the Fireworks and Pyrotechnic Articles (Scotland) Bill is in seven parts:

• Part 1: Key Concepts
• Part 2: Fireworks licensing
• Part 3: Restrictions on supply and use of fireworks and pyrotechnic articles including: prohibition on supply to children; and restricting the days of use and supply of fireworks
• Part 4: Fireworks Control Zones
• Part 5: Pyrotechnic Articles at Certain Events
• Part 6: Enforcement
• Part 7: General provisions including interpretation, regulations, ancillary provision and commencement.