This Bill would seek to restrict the supply and use of certain kinds of fireworks and pyrotechnic articles. An example of a pyrotechnic article would be a distress flare.
This is a Government bill
The Bill became an Act on 10 August 2022
This Bill was passed and is now an Act of the Scottish Parliament.
This Bill would seek to restrict the supply and use of certain kinds of fireworks and pyrotechnic articles. An example of a pyrotechnic article would be a distress flare.
The Bill impacts businesses and individuals. It creates a new licensing system which means that:
It will be a criminal offence to buy, possess or use fireworks without licence, or to supply fireworks to a person without a licence. It will also be an offence to give fireworks or pyrotechnic articles to a child, or buy them on behalf of a child.
The Bill specifies that certain fireworks can only be supplied to, and used by, members of the public at certain times, including:
There are exemptions for organised public firework displays and professionally organised displays.
In addition, the Bill grants local authorities the powers to set-up ‘firework control zones’. Councils will be able to restrict the use of fireworks in these zones, although professionally organised or public displays may still be allowed.
The possession of pyrotechnic articles when travelling to or at certain places and events will become an offence under the Bill. This could include certain sports events, sports grounds or music events.
The new rules created by the Bill will be enforced by trading standards or Police Scotland.
The Scottish Government has created this Bill to limit the harm, distress or serious injury that can be caused by fireworks and pyrotechnic articles. The Scottish Government believes the Bill will:
Fireworks and Pyrotechnic Articles (Scotland) Bill as introduced (2MB, pdf) posted 01 February 2022
Explanatory Notes (281KB, pdf) posted 01 February 2022
Policy Memorandum (407KB, pdf) posted 01 February 2022
Financial Memorandum (353KB, pdf) posted 01 February 2022
Delegated Powers Memorandum (207KB, pdf) posted 01 February 2022
Statements on legislative competence (88KB, pdf) posted 01 February 2022
Explanatory Notes (399KB, pdf) posted 01 February 2022
Policy Memorandum (498KB, pdf) posted 01 February 2022
Financial Memorandum (404KB, pdf) posted 01 February 2022
Delegated Powers Memorandum (274KB, pdf) posted 01 February 2022
Statements on legislative competence (142KB, pdf) posted 01 February 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Fireworks and Pyrotechnic Articles (Scotland) Bill
The Bill was introduced on 1 February 2022
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The Parliament agreed that consideration of the Bill at Stage 1 be completed by 6 May 2022.
The lead committee for this Bill is the Criminal Justice Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Criminal Justice Committee held a call for views to help inform its examination of the Bill.
The Participation and Communities Team produced a summary of online forum submissions.
Fireworks Bill Engagement Summary (2MB, pdf) posted 25 March 2022
Further information can be found in the SPICe Bill Briefing
Police Scotland: ‘The illicit use of pyrotechnics at events in Scotland’, September 2021 (710KB, pdf) posted 17 March 2022
General response on fireworks legislation in Ireland, Department of Justice, Government of Ireland, March 2022 (161KB, pdf) posted 24 March 2022
Society of Chief Officers of Trading Standards in Scotland: Supplementary Written Evidence (51KB, pdf) posted 29 March 2022
Crown Office and Procurator Fiscal Service fireworks and pyrotechnics offences: charges received during financial years 2016-2021 (135KB, pdf) posted 14 April 2022
British Fireworks Association: Supplementary Written Evidence (681KB, pdf) posted 27 April 2022
Evaluation of Firework Related Harm in Scotland, October 2020 (2MB, pdf) posted 27 April 2022
Read the Official Report of the meeting
Letter from the Minister for Victims and Community Safety to the Convener, 3 November 2023
Letter from the Minister for Community Safety to the Convener, Criminal Justice Committee, 6 April 2022
Letter from the Convener, Criminal Justice Committee to the Minister for Community Safety, 30 March 2022
Letter from Police Scotland to the Convener, Criminal Justice Committee, 24 March 2022
Letter from the Scottish Government Bill Team to the Convener, Criminal Justice Committee, 15 March 2022
See a full list of Stage 1 correspondence for this committee
The Criminal Justice Committee published its report on 28 April 2022.
Fireworks and Pyrotechnic Articles (Scotland) Bill Stage 1 Report
The Committee received the following response to its report:
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 24 March 2022.
A Stage 1 debate took place on 3 May 2022 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 3 May 2022
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
The Parliament agreed that consideration of the Fireworks and Pyrotechnic Articles (Scotland) Bill at Stage 2 be completed by 8 June 2022.
Documents with the amendments considered at the meeting held on 25 May 2022.
First Marshalled List of Amendments for Stage 2 (743KB, pdf) posted 20 May 2022
First Groupings of Amendments for Stage 2 (787KB, pdf) posted 20 May 2022
Read the agenda, papers and minutes for this meeting
Documents with the amendments considered at the meeting held on 1 June 2022.
Second Marshalled List of Amendments for Stage 2 (685KB, pdf) posted 26 May 2022
Second Groupings of Amendments for Stage 2 (663KB, pdf) posted 26 May 2022
Read the agenda, papers and minutes for this meeting
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Email from the British Fireworks Association to the Convener, Criminal Justice Committee, 23 June 2022
Email from the British Fireworks Association to the Convener, Criminal Justice Committee, 17 June 2022
Letter from the British Fireworks Association to the Convener, Criminal Justice Committee, 31 May 2022
Letter from the Minister for Community Safety to the Convener, Criminal Justice Committee 24 May 2022
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Revised Explanatory Notes (290KB, pdf) posted 10 August 2022
Revised Financial Memorandum (415KB, pdf) posted 17 June 2022
Revised Delegated Powers Memorandum (210KB, pdf) posted 28 June 2022
Revised Explanatory Notes (402KB, pdf) posted 16 June 2022
Revised Financial Memorandum (422KB, pdf) posted 10 June 2022
Revised Delegated Powers Memorandum (273KB, pdf) posted 10 June 2022
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 1 June 2022
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 23 June 2022.
Marshalled List of Amendments for Stage 3 (516KB, pdf) posted 17 June 2022
Timed Groupings of Amendments for Stage 3 (306KB, pdf) posted 21 June 2022
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Fireworks and Pyrotechnic Articles (Scotland) Bill as passed (2MB, pdf) posted 29 June 2022
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 84 for, 0 against, 25 abstained, 20 did not vote Vote Passed
See further details of the motion
The Bill ended Stage 3 on 29 June 2022
The Bill was passed on 29 June 2022 and became an Act on 10 August 2022