UK Offence Report

1 A person who contravenes or fails to comply with regulations 23(1) (safety obligations of manufacturers),…

regulation 39(1) of The Pyrotechnic Articles (Safety) Regulations 2010 (revoked)

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

1 A person who contravenes or fails to comply with regulations 23(1) (safety obligations of manufacturers), 24(1) (safety obligations of importers), 29(1) and (2) (obligation to affix CE marking), 30(1) and (2) (prohibition on improper use), 31(1) and (2) (general labelling requirement), 32(1) (labelling requirement for pyrotechnic articles for vehicles), 33(1) and (2) (prohibition on supply of pyrotechnic articles), 46(4) and 47(4) (prohibition on supply outside of the United Kingdom) is guilty of an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 39(1)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing the thing the provision prohibits under the Pyrotechnic Articles (Safety) Regulations 2010, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
Unlimited
Standard scale
Level 5
Maximum prison (summary)
3 months
Maximum prison (on indictment)
2 years

level 5 is unlimited in England and Wales for offences committed on or after 12 March 2015 (LASPO 2012 s.85, S.I. 2015/664).

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
9 June 2010
In force from
Not determined
Extent
E+W+S

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations implement the Directive of the European Parliament and of the Council on the placing on the market of pyrotechnic articles, Directive 2007/23 (OJ L154, 14.06.2007, page 1)(“the Directive”). The Directive sets out harmonised provisions for placing pyrotechnic articles, including fireworks and more specialised articles like gas generators used in car airbags, on the market to guarantee free movement of such articles, whilst ensuring a high level of protection of human health and safety and the protection of consumers and professional end users. Part 2 deals with category 1, 2 and 3 fireworks (categories are set out in Schedule 1 to Regulations). Regulations 6 to 8 deal with the obligations of manufacturers, importers and distributors. Regulation 9 provides that a firework which complies with a harmonised standard adopted for the purposes of the Directive complies with the essential safety requirements of the Directive which are set out in Schedule 2 to the Regulations. Regulation 10 sets out that a firework that complies with all the legally binding measures of another EU Member State which fully implement the Directive complies with UK law, subject to certain exceptions including the need to comply with the UK age limits and prohibitions set out in regulations 15 and 21. Regulations 11 to 14 set out the procedure for ensuring fireworks are properly tested, are marked to demonstrate that fact and are labelled appropriately. Regulation 15 prohibits the supply of category 2 and 3 fireworks to persons under the age of 18 and the supply of category 1 fireworks to persons under the age of 16. Regulation 18 to 20 deal with enforcement responsibilities. The primary enforcing authorities for Part 2 will be weights and measures authorities in Great Britain and district councils in Northern Ireland. The Secretary of State also has a power to enforce this Part. These enforcing authorities are able to use the provisions of the Consumer Protection Act 1987 to enforce the Regulations, in addition the Regulations provide additional powers where necessary. Regulation 21 provides specific prohibitions on the supply of particular category 2 and 3 fireworks in the United Kingdom (the definition of the fireworks are set out in Schedule 3). Part 3 deals with category 4 fireworks, theatrical pyrotechnic articles and other pyrotechnic articles. Part 3 follows the same scheme as Part 2. Regulation 33 sets out prohibitions on supply of category 4 fireworks and category T2 theatrical pyrotechnic articles and P2 other pyrotechnic articles to persons other than persons with specialist knowledge. Category T1 and P1 pyrotechnic articles cannot be supplied to persons under 18 years of age. Regulations 36 to 38 deal with enforcement responsibilities, in this case the primary enforcement authorities are the Health and Safety Executive in Great Britain and the Secretary of State in Northern Ireland (the Health and Safety Executive’s enforcement powers are set out in Schedule 4 and the Secretary of State’s enforcement powers are mainly set out in the Consumer Protection Act 1987). Weights and measures authorities and district councils in Northern Ireland also have powers to enforce this Part. Regulations 39 to 41 make contravention of specified regulations in Part 3 criminal offences, provide for defences and deal with liability of other persons. Regulation 42 defines who are persons with specialist knowledge. Part 4 deals with the appointment of bodies that will perform independent checks on conformity assessment of pyrotechnic articles. Part 5 includes repeals, revocations, transitional and savings provisions (Schedule 5 contains revocations and amendments of Northern Ireland legislation). Regulations 46 and 47 provide for transitional provisions as permitted by Article 21(5) of the Directive. Pyrotechnic articles which take advantage of the transitional provision (where they do not comply with the requirements of the Regulations) must comply with the law existing immediately before 4th July 2010 (or 2013 as the case may be), by virtue of the saving provision in regulation 49(12). Regulation 49(1) makes an amendment to section 31 of the Explosives Act 1875 to exclude from the prohibition on supply of gunpowder to young persons, pyrotechnic articles covered by the Directive (plus percussion caps for toys). Section 39 of that Act applies the same prohibition to other explosives (including fireworks) and therefore the new exclusion from section 31 also applies to section 39. These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC (OJ No. L204, 21.07.98, page 37) which lays down the procedure for the provision of information in the field of technical standards and regulations. Minor amendments have been made to the Regulations since that notification. A transposition note and a Regulatory Impact Assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the BIS website (www.bis.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website (www.opsi.gov.uk). Copies have also been placed in the Libraries of both Houses of Parliament.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source