Offences in relation to enforcement 39 Offence of obstructing officer of a local weights and measures authority 25 (1) It is an offence for a person to— (a) intentionally obstruct an officer of a local weights and measures authority who is exercising powers conferred by schedule 2, (b) intentionally fail to comply with any requirement made of the person by an officer of a local weights and measures authority under paragraph 7 or 10 of schedule 2, 30 (c) fail, without reasonable cause, to give an officer of a local weights and measures authority any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's powers under schedule 2. (2) It is an offence for a person, in giving any information which is required of the person 35 by virtue of subsection (1)(c)— (a) to make any statement which the person knows is false in a material particular, or (b) recklessly to make a statement which is false in a material particular. 18 Fireworks and Pyrotechnic Articles (Scotland) Bill Part 6—Exemptions and enforcement (3) A person who commits an offence under this section is liable, on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). 40 Offence of impersonating officer of a local weights and measures authority 5 (1) It is an offence for a person who is not an officer of a local weights and measures authority to purport to act as such an officer in the exercise of powers under schedule 2. (2) A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 10 Miscellaneous 1 41 Time limit for prosecution of offences Summary proceedings for an offence under this Act may be commenced at any time within the period of 12 months beginning with the day on which the offence was committed. 15 41A Presumptions in proceedings under this Act (1) This section applies for the purposes of a trial in proceedings for an alleged offence under this Act. (2) Where an item— (a) is labelled as a firework or other pyrotechnic article, or 20 (b) is not so labelled but is found within a container which is labelled as containing fireworks or other pyrotechnic articles, the item is presumed to be a firework or pyrotechnic article as described on the label or, as the case may be, container. (3) At the trial, a party to the proceedings may rebut the presumption mentioned in subsection 25 (2) by proving that, at the time the offence is alleged to have been committed, the item was not a firework or other pyrotechnic article of the description on the item or the container. (4) A party may lead evidence for the purpose of rebutting the presumption only if the party has given notice of the intention to do so to the other parties— 30 (a) not less than 7 days before the intermediate diet, or (b) if there is no intermediate diet, not less than 28 days before the date of the trial. 42 Certificates as to proof of having fireworks licence (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows. (2) In the table in schedule 9 (certificates as to proof of certain routine matters), at the end 35 insert— “The Fireworks and Pyrotechnic Articles (Scotland) Act 2022. 19 Fireworks and Pyrotechnic Articles (Scotland) Bill Part 6—Exemptions and enforcement 1 1 Sections 4(1) and A person authorised In relation to a person identified in the 2 2 5(1) to do so by the certificate, that on the date specified in 3 Scottish Ministers the certificate the person had, or as the case may be, did not have, a fireworks 5 licence (within the meaning of Part 2 of that Act). 7 7 Sections 4(1), 5(1), person authorised That the particular item identified in the A 8 8 21(1), to do 22(1), 23(1) so by the certificate is— (a) a firework within the 9 9 and 26(2) Scottish Ministers meaning of section 1(1) of that Act, and 10 (b) of such category of firework 1 (construed in accordance with section 2(1) of that Act) as is specified in the certificate. 14 14 Sections 21(1), A person authorised That the particular item identified in the 15 15 15 32A(1) and 33(1) to do so by the certificate is a pyrotechnic article within 16 Scottish Ministers the meaning of section 1(1) and (1A) of that Act.”. 43 Forfeiture and disposal of fireworks and pyrotechnic articles (1) This section applies where— 20 (a) the Scottish Ministers revoke a person’s licence by giving notice under section 12(3), (b) a court convicts a person of an offence under this Act, or (c) a court cancels a person’s fireworks licence under section 13(2). (2) Subsection (3) applies where— 25 (a) a firework to which Part 2 applies is surrendered in pursuance of a notice given under section 12(3) which revokes a person’s fireworks licence, and (b) the person appeals against the decision to revoke the person’s fireworks licence (and does not withdraw that appeal prior to its determination). (3) Where this subsection applies— 30 (a) if the appeal is successful, the firework must be returned, (b) if the appeal is unsuccessful, the sheriff may make such order for the disposal of the firework as the sheriff considers appropriate. (4) Subsection (5) applies where— (a) a firework to which Part 2 applies is surrendered in pursuance of a notice given 35 under section 12(3) which revokes a person’s fireworks licence, and (b) the person— (i) does not appeal against the decision to revoke the person’s fireworks licence, or (ii) makes and subsequently withdraws an appeal against such a decision. 20 Fireworks and Pyrotechnic Articles (Scotland) Bill Part 6—Exemptions and enforcement (5) Where this subsection applies, the firework is to be disposed of in such manner as the chief constable considers appropriate. (6) The court by which a person is convicted or, as the case may be, which cancels a person’s fireworks licence may make an order for the forfeiture or disposal of any 5 firework or pyrotechnic article— (a) to which the offence relates, or (b) which is possessed by the person. (7) A constable may seize and retain a firework or pyrotechnic article which may be the subject of an order for forfeiture under this section. 10 (8) Where a court orders the disposal of a firework or pyrotechnic article seized and retained 1 under this Act by a constable or an officer of a local weights and measures authority, the firework or pyrotechnic article may be disposed of in such manner as the chief constable or, as the case may be, the local weights and measures authority considers appropriate. 15 44 Individual culpability for offending by an organisation (1) Subsection (2) applies where— (a) an offence under this Act is committed by a relevant organisation, and (b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of— 20 (i) a responsible official of the organisation, or (ii) an individual purporting to act in the capacity of a responsible official. (2) The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence. (3) “Relevant organisation” means— 25 (a) a company, (b) a partnership (including a limited liability partnership), (c) another body or association. (4) “Responsible official” means— (a) in the case of a company— 30 (i) a director, secretary, manager or similar officer, or (ii) where the affairs of the company are managed by its members, a member, (b) in the case of a limited liability partnership, a member, (c) in the case of a partnership other than a limited liability partnership, a partner, (d) in the case of another body or association, a person who is concerned in the 35 management or control of its affairs. 21 Fireworks and Pyrotechnic Articles (Scotland) Bill Part 7—General provisions P ART 7 G ENERAL PROVISIONS 44A Report on operation of Act (1) The Scottish Ministers must, as soon as practicable after the end of the reporting period, 5 lay...