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Fireworks Act 2004


Published: 2012-09-01

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Fireworks Act 2004

c i e
AT 9 of 2004

FIREWORKS ACT 2004

Fireworks Act 2004 Index


c AT 9 of 2004 Page 3

c i e
FIREWORKS ACT 2004

Index Section Page

Introductory 5

1 Meaning of ‘firework’ .................................................................................................... 5
Restrictions on supply 5

2 Supply of fireworks by or to minors ............................................................................ 5
3 Supply of fireworks at certain times ............................................................................ 6
Restrictions on use of fireworks 7

4 Restrictions on firework displays ................................................................................. 7
5 Harassment etc. by letting off of fireworks ................................................................. 8
Miscellaneous and supplemental 9

6 [Amends section 1(7) of the Police Powers and Procedures Act 1998 by
inserting paragraph (aa).] .............................................................................................. 9
7 Amendment ..................................................................................................................... 9
8 Power to amend Act ....................................................................................................... 9
9 Short title etc. ................................................................................................................... 9
SCHEDULE 11

DEVICES WHICH ARE NOT FIREWORKS FOR THE PURPOSES OF THIS
ACT 11
ENDNOTES 13

TABLE OF LEGISLATION HISTORY 13
TABLE OF RENUMBERED PROVISIONS 13
TABLE OF ENDNOTE REFERENCES 13

Fireworks Act 2004 Section 1


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c i e
FIREWORKS ACT 2004

Received Royal Assent: 19 October 2004
Passed: 19 October 2004
Commenced: 19 December 2004
AN ACT
to restrict the sale and use of fireworks; and for connected purposes.
Introductory
1 Meaning of ‘firework’

(1) Subject to subsection (2), in this Act “firework
” means a device intended
for use as a form of entertainment which —
(a) contains, or otherwise incorporates, explosive composition or
pyrotechnic composition (or both), and
(b) on functioning, burns or explodes (or both) to produce a visual or
aural effect (or both).
(2) A device specified in the Schedule is not a firework for the purposes of
this Act.
Restrictions on supply
2 Supply of fireworks by or to minors

(1) No person shall, in the course of a business, supply a firework to a
person under the age of 18 years.
(2) No person, other than a person having parental responsibility for him,
shall buy a firework for use by a person under the age of 18 years.
(3) No person under the age of 18 shall, in the course of a business, supply a
firework to any person.
(4) No person shall, in the course of a business, cause or permit a person
under 18 to supply a firework to any person.
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(5) Any person who contravenes subsection (1), (2), (3) or (4) is guilty of an
offence and liable on summary conviction to custody for a term not
exceeding 6 months or to a fine not exceeding £5,000, or to both.
(6) In proceedings for an offence under subsection (1) it shall be a defence
for the accused to show that he had reasonable cause to believe that the
person in question was of the age of 18 or over.
3 Supply of fireworks at certain times

(1) No person shall supply a firework in the course of a business except
during the following periods —
(a) the period beginning on the 25th October and ending on the 5th
November;
(b) the period beginning on the 26th December and ending on the
31st December.
(2) Subsection (1) does not apply to a supply to —
(a) a person who is in business as a professional organiser or
professional operator of firework displays;
(b) a person whose trade or business is or includes the supply of
fireworks;
(c) a public authority for the purposes of a firework display put on
by that authority or for use by that authority at a public
celebration or commemorative event;
(d) a person who has given notice under section 4(1)(b) for the letting
off of the firework in question;
(e) a person for use, in the course of a trade or business of his, for
special effects purposes in the theatre, on film or on television;
(f) a person authorised for the purpose by the Isle of Man Office of
Fair Trading who, before he buys the firework, informs the
supplier that the supply is for the purpose of ascertaining whether
any statutory provision relating to the safety of the firework has
been contravened in relation to it;
(g) any establishment of the naval, military or air forces of the Crown
for the purposes of a firework display or for use at a public
celebration or a commemorative event.
(3) Subsection (1) does not apply to a supply of a maroon to, or to a person
authorised by, a public authority or the Royal National Lifeboat
Institution for signalling purposes.
(4) Subsection (1) does not apply to a sale of fireworks (without any other
goods, except a box or other container) at a price exceeding £25.
(5) Any person who contravenes subsection (1) is guilty of an offence and
liable on summary conviction to a fine not exceeding £2,500.
Fireworks Act 2004 Section 4


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(6) In proceedings for an offence under subsection (5) it shall be a defence
for the accused to show that he had reasonable cause to believe that the
supply in question fell within subsection (2) or (3).
(7) In this section ‘maroon’ means a device —
(a) which is designed to be projected from a mortar;
(b) which contains a propellant charge and a bursting charge; and
(c) whose functioning involves ascent and report.
Restrictions on use of fireworks
4 Restrictions on firework displays

(1) No person shall let off a firework in any place unless he has in
accordance with subsection (2) —
(a) given a notice to the Department of Home Affairs (‘the
Department’) specifying the time and place where the firework
will be let off; and
(b) caused a like notice to be given in a newspaper published and
circulating in the Island.
(2) A notice under subsection (1) shall be —
(a) in a prescribed form;
(b) in the case of a notice under subsection (1)(a), delivered, or sent
by the recorded delivery service, to the principal office of the
Department not later than 10 days before the firework is to be let
off;
(c) in the case of a notice under subsection (1)(b), given in a
newspaper published and circulating in the Island not later than
10 days before the firework is to be let off.
(3) As soon as practicable after receiving a notice under subsection (1)(a) the
Department shall send by post to the person by whom it was given a
receipt in the prescribed form.
(4) Nothing in subsection (1) applies to the letting off of a firework during —
(a) the period beginning on the last Friday which falls at least two
clear days before 5 November and ending on the Monday
following 5 November;
(b) the period beginning on 28 December and ending on the Monday
following 1 January.1

(5) Nothing in subsection (1) applies to the letting off of a firework by —
(a) a public authority, or
Section 5 Fireworks Act 2004


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(aa) a person for use, in the course of that person’s trade or business,
for special effects purposes in the theatre, on film or on
television, or2

(b) any of the naval, military or air forces of the Crown, or
(c) a person or class of persons prescribed in an order made by the
Department who complies with such conditions as are imposed
by that order.3

(6) If subsection (1) is contravened, each of the following —
(a) the person by whom the firework is let off, and
(b) subject to subsection (7), the occupier of the place where it is let
off,
is guilty of an offence and liable on summary conviction to a fine not
exceeding £2,500.
(7) In proceedings for an offence under subsection (6) against a person as
occupier of a place, it shall be a defence for the accused to show —
(a) that the contravention took place without his consent or
connivance; or
(b) that he had reasonable cause to believe that the person by whom
the firework was let off had complied with subsection (1).
(8) The Department shall by regulations prescribe the forms of notice and
receipt under subsections (1) and (3); and in this section ‘prescribed’
means prescribed by regulations.
(9) An order under subsection (5)(c) shall not come into operation unless it is
approved by Tynwald.4

5 Harassment etc. by letting off of fireworks

(1) No person shall let off a firework in a public place within the hearing or
sight of a person or domestic animal likely to be caused harassment,
annoyance, alarm or distress thereby.
(2) Nothing in subsection (1) applies to the letting off of a firework as part of
a firework display —
(a) put on by —
(i) a public authority, or
(ii) any of the naval, military or air forces of the Crown,
(b) of which notice has been given under section 4(1)(b), or
(c) put on during a period specified in section 4(4).
(3) Subject to subsection (4), any person who contravenes subsection (1) is
guilty of an offence and liable on summary conviction to a fine not
exceeding £2,500.
Fireworks Act 2004 Section 6


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(4) In proceedings for a contravention of subsection (1) it shall be a defence
for the accused to show that he had no reason to believe that there was
any person or domestic animal within hearing or sight who was likely to
be caused harassment, annoyance, alarm or distress.
Miscellaneous and supplemental
6 [Amends section 1(7) of the Police Powers and Procedures Act 1998 by

inserting paragraph (aa).]

7 Amendment

[Amends section 63(2) of the Petty Sessions and Summary Jurisdiction Act 1927 by
substituting the words ‘let off, cast or throw any firework’ for the words ‘cast or
throw any fireworks’.]
8 Power to amend Act

(1) The Department may by order so amend this Act as to vary —
(a) any period specified in section 3(1) or 4(4);
(b) the amount specified in section 3(4);
(c) the list of devices specified in the Schedule.
(2) Before making an order under subsection (1) the Department shall
consult the Isle of Man Office of Fair Trading.
(3) An order under subsection (1) shall not have effect unless it is approved
by Tynwald.
9 Short title etc.

(1) This Act may be cited as the Fireworks Act 2004.
(2) This Act shall come into operation on the expiration of 2 months
beginning with the day on which it is passed.
(3) In this Act —
“the Department
” means the Department of Home Affairs;
“public authority
” means the Council of Ministers, a Department or a local
authority.
(4) The Sale of Fireworks (Regulations) (Amendment) Order 1970 is
revoked.
(5) Nothing in this Act affects any power to make —
(a) safety regulations under section 9 of the Consumer Protection Act
1991, or
Section 9 Fireworks Act 2004


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(b) health and safety regulations under section 15 of the Health and
Safety at Work etc. Act 1974 (an Act of Parliament), as it has effect
in the Island.
Fireworks Act 2004 Schedule



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SCHEDULE

DEVICES WHICH ARE NOT FIREWORKS FOR THE PURPOSES

OF THIS ACT

Section 1(2)
1. An amorce, that is, a percussion cap designed for use in toys, which comprises a
paper envelope containing a dot of impact-sensitive pyrotechnic composition and
which forms part of a roll.
2. A cap, that is, a device (including, for the avoidance of doubt, an amorce)
designed for use in toys which comprises a non-metallic envelope or cup containing a
dot of impact-sensitive pyrotechnic composition, and which produces a report when it
is hit.
3. A cracker snap, that is, a device which —
(a) comprises 2 overlapping strips of card or paper with a friction-
sensitive explosive composition in sliding contact with an
abrasive surface; and
(b) produces a report when pulled apart.
4. A novelty match, that is, a match with a dot of pyrotechnic composition which
is designed to be held in the hand while functioning and whose functioning involves
report or the production of visual effects, or both.
5. A party popper, that is, a device —
(a) which is designed to be held in the hand while functioning;
(b) which is operated by a pull-string with an abrasive surface in
sliding contact with a friction-sensitive pyrotechnic composition;
and
(c) whose functioning involves a report with the ejection of streamers
or confetti, or both.
6. A serpent, that is, a pre-formed shape of pyrotechnic composition, with or
without support, whose functioning involves the generation of expanded residue.
7. A sparkler, that is, a rigid wire partially coated with slow-burning pyrotechnic
composition, whose functioning involves the emission of sparks without report.
8. A throwdown, that is, a device comprising impact-sensitive explosive
composition and grains of inert material wrapped in paper or foil, which functions to
produce a report when thrown onto the ground.
Fireworks Act 2004 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (4) substituted by SD714/09. 2
Para (aa) inserted by Criminal Justice, Police and Courts Act 2007 s 50. 3
Para (c) added by Criminal Justice, Police and Courts Act 2007 s 50. 4
Subs (9) added by Criminal Justice, Police and Courts Act 2007 s 50.