Fireworks and Pyrotechnics Articles (Scotland) Bill: equality impact assessment

Footnotes

1. Membership included: Police Scotland, Scottish Fire and Rescue Service, Scottish Ambulance Service, Local Authority Licensing, CoSLA, Trading Standards, Scottish Community Safety Network, British Pyrotechnics Association, British Fireworks Association, NHS Greater Glasgow and Clyde / Care of Burns in Scotland, Veterans Scotland and Community Representatives.

2. While all fireworks are pyrotechnic products, the Bill uses the terms "fireworks" and "pyrotechnics" as distinct categories, in line with existing legislation. The Pyrotechnic Articles (Safety) Regulations 2015 sets out which pyrotechnic articles may be made available on the market in the United Kingdom, and how these must be categorised by manufacturers. Fireworks must be categorised as either F1, F2, F3 or F4 products, and it is intended that any pyrotechnic articles intended for entertainment purposes shall be categorised as a firework, including pyrotechnic articles intended for entertainment and another purpose.

3. A nationally representative opinion poll of people's views on increasing control over the sale and use of fireworks was carried out in 2019, providing findings that are representative of adults across Scotland

4. A rapid review of the existing evidence that considers the impact of fireworks in the context of international legislation and regulations, including evidence relating to injury, pollution, noise and animal welfare was undertaken

5. Refer to Definitions of Protected Characteristics document for information on the characteristics

6. NRS Population Estimates Time Series Data

7. Valentinuzzi, M. E. (2018). Fireworks, Autism, and Animals What "fun" noises do to sensitive humans and our beloved pets. IEEE Pulse, 9(5), 37-39. DOI: 10.1109/MPUL.2018.2856961

8. NRS Population Estimates Time Series Data

9. In respect of this protected characteristic, a body subject to the Public Sector Equality Duty (which includes Scottish Government) only needs to comply with the first need of the duty (to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act 2010) and only in relation to work. This is because the parts of the Act covering services and public functions, premises, education etc. do not apply to that protected characteristic. Equality impact assessment within the Scottish Government does not require assessment against the protected characteristic of Marriage and Civil Partnership unless the policy or practice relates to work, for example HR policies and practices.

10. See EQIA – Setting the Scene for further information on the legislation.