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Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005 s 115

s 115 Power to stop and search for prohibited fireworks

(1) Section 1 of PACE (powers of constables to stop and search) is amended as follows. (2) In subsection (2), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ” . (3) In subsection (3), for “or any article to which subsection (8A) below applies” substitute “ , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies ” . (4) In subsection (6), for “or an article to which subsection (8A) below applies” substitute “ , an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies ” . (5) After subsection (8A) insert— (8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations. (8C) In this section— (a) “ firework ” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and (b) “ fireworks regulations ” has the same meaning as in that Act.

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