Section 47—Certificates as to proof of having fireworks licence
110.Section 47 makes it possible for a person authorised by the Scottish Ministers to provide a certificate to court which proves whether or not:
a person held a fireworks licence on a specific date for the purpose of prosecuting an offence relating to a licence,
that a particular item is a firework or pyrotechnic article for the purposes of the Act and, where it is a firework, the category of firework in question.
111.The issuing of a certificate is likely to arise where an item that is thought to be a firework or pyrotechnic article is not properly labelled, has been ignited (and so the label damaged) or is a homemade item and the enforcement authorities have the item tested in advance of the trial. A certificate can also be issued when the presumption that a labelled item is a firework or pyrotechnic article has been challenged.
