Law

Criminal Justice (Scotland) Act 1980

United Kingdom · statute

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In force since 2013-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 101 provisions
  1. Title and introductory text
  2. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  3. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  4. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  5. 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  6. 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  7. 3C Provisions relating to consultations and access in connection with terrorism.
  8. 3D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  9. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  10. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  11. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  12. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  13. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  14. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  15. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  16. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  17. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  18. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  19. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  20. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  21. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  22. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  23. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  24. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  25. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  26. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  27. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  29. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  30. 25 Interpretation of 1975 Act.
  31. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  32. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  34. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  35. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  36. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  37. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  38. 32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  39. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  40. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  41. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  42. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  43. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  44. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  45. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  46. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  47. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  48. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  49. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  50. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  51. 45 Detention of young defenders
  52. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  53. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  54. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  55. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  56. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  57. 51 Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine.
  58. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  59. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  60. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  62. 56 Penalties for drunkenness.
  63. 57 Penalty for second conviction of assault on constable.
  64. 58 Compensation order against convicted person.
  65. 59 Amount of compensation order.
  66. 60 Payment under compensation order.
  67. 61 Guidance as to whether compensation order or fine should be preferred.
  68. 62 Precedence of compensation order over fine.
  69. 63 Appeal as regards compensation order.
  70. 64 Review of compensation order.
  71. 65 Acts of Adjournal.
  72. 66 Application of provisions relating to fines to enforcement of compensation orders.
  73. 67 Effect of compensation order on subsequent award of damages in civil proceedings.
  74. 68 Designation of sports grounds and sporting events.
  75. 69 Alcohol on vehicle travelling to or from sporting event.
  76. 70 Liability of vehicle operator and his employees and agents.
  77. 70A Alcohol on certain other vehicles.
  78. 71 Defences in connection with carriage of alcohol.
  79. 72 Possession of container at sporting event.
  80. 72A Possession of fireworks etc. at sporting events.
  81. 73 Possession of alcohol at sporting event.
  82. 74 Drunkenness at sporting event.
  83. 75 Police powers of enforcement.
  84. 76 Presumption as to contents of container.
  85. 76 Presumption as to contents of container.
  86. 77 Interpretation of Part V.
  87. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 79 Grants in respect of hostel accomodation for persons under supervision.
  89. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  90. 81 Interpretation etc.
  91. 82 Financial provisions.
  92. 83 Transitional provisions, consequential amendments and repeals.
  93. 84 Short title, commencement and extent.
  94. SCHEDULE 1
  95. SCHEDULE 2
  96. SCHEDULE 3
  97. SCHEDULE 4
  98. SCHEDULE 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  99. SCHEDULE 6 Transitional Provisions
  100. SCHEDULE 7 Minor and Consequential Amendments
  101. SCHEDULE 8 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

101 provisions

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45 Detention of young defenders

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In the 1975 Act, sections 204 and 414 (Borstal training) and sections 209 and 418 (detention in detention centre) shall cease to have effect. (4) Without prejudice to any specific amendment made by this Act, in Scotland a reference in any enactment to which this subsection applies— (a) to a Borstal institution, shall be construed as a reference to a young offenders institution; and (b) to a period of training in a Borstal institution, shall be construed as a reference to a period of detention in a young offenders institution. (5) The enactments to which subsection (4) above applies are— (a) any Act passed before, or during the same session as, this Act; and (b) any subordinate legislation made before the commencement of this Act; and in this subsection “Act” and “subordinate legislation” have the same meanings as in the Interpretation Act 1978.

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51 Execution in different parts of United Kingdom of warrants for imprisonment for non-payment of fine.

After section 38 of the Criminal Law Act 1977 there shall be inserted the following section— Execution in different parts of the United Kingdom of warrants for imprisonment for non-payment of fine. 38A (1) Subject to subsection (6) below, a person against whom an extract conviction is issued in Scotland for imprisonment in default of payment of a fine may be arrested— (a) in England and Wales, by any constable acting within his police area ; (b) in Northern Ireland, by any member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve ; and subsections (4) and (5) of section 159 of the Magistrates’ Courts Act (Northern Ireland) 1964 (execution without possession of the warrant and execution on Sunday) shall apply to the execution in Northern Ireland of any such extract conviction as those subsections apply in relation to the execution of a warrant for arrest. (2) Subject to subsection (6) below, a person against whom there has been issued in England, Wales or Northern Ireland a warrant committing him to prison in default of payment of a sum adjudged to be paid by a conviction may be arrested in Scotland, by any constable appointed for a police area, in like manner as if the warrant were an extract conviction for imprisonment issued in Scotland in default of payment of a fine. (3) A person arrested by virtue of subsection (1) above under an extract conviction or by virtue of subsection (2) above under a warrant of commitment may be detained under it in any prison in the part of the United Kingdom in which he was arrested ; and while so detained he shall be treated for all purposes as if he were detained under a warrant of commitment or extract conviction issued in that part of the United Kingdom. (4) An extract conviction or a warrant of commitment may be executed by virtue of this section whether or not it has been endorsed under section 4 of the Summary Jurisdiction (Process) Act 1881 or under section 27 of the Petty Sessions (Ireland) Act 1851. (5) In this section— “fine” includes any sum treated by any enactment as a fine for the purposes of its enforcement and any sum to be found as caution ; “imprisonment” includes,in the case of a person who is under the age of 21 years, detention ; “part of the United Kingdom” means England and Wales, Scotland or Northern Ireland ; “prison” means— (i) in the case of a person who is under the age of 21 years arrested in Scotland, a young offenders institution ; and (ii) in the case of a person under that age arrested in Northern Ireland, a young offenders centre ; and “sum adjudged to be paid by a conviction”has the meaning given by section 150(3) of the Magistrates’ Courts Act 1980 or, in Northern Ireland, section 169(2) of the Magistrates’ Courts (Northern Ireland) Act 1964. (6) This section shall not apply to the arrest of persons under the age of 17 years. .

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56 Penalties for drunkenness.

(1) In section 70 of the Licensing (Scotland) Act 1903 (penalties for drunkenness, etc.)— (a) in the first paragraph of subsection (1) for the words from “and may be taken” to the end of that paragraph there shall be substituted the words “ and shall be liable on summary conviction to a fine not exceeding £50 ”; (b) in the second paragraph of that subsection for the words from “forty” to the end of that paragraph there shall be substituted the words “ £50 ” ; (c) after that subsection there shall be inserted the following subsection— (1A) A constable may arrest without warrant any person who he has reasonable grounds for suspecting is committing an offence under subsection (1) above. ; and (d) in subsection (2) for the words from “forty” to the end of the first sentence there shall be substituted the words “ £50 ”. (2) Section 382 of the Burgh Police (Scotland) Act 1892 shall cease to have effect.

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57 Penalty for second conviction of assault on constable.

In section 41(1)(ii) of the Police (Scotland) Act 1967 (assaults on constables, etc.), at the end there shall be added the words “ or to a fine not exceeding the prescribed sum within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975, or to both. ”.

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58 Compensation order against convicted person.

(1) Subject to subsection (3) below, where a person is convicted of an offence the court, instead of or in addition to dealing with him in any other way, may make an order (in this Act referred to as “a compensation order”) requiring him to pay compensation for any personal injury, loss or damage caused (whether directly or indirectly) by the acts which constituted the offence: Provided that it shall not be competent for a court to make a compensation order— (a) where, under section 182 of the 1975 Act, it makes an order discharging him absolutely; (b) where, under section 183 of that Act, it makes a probation order; or (c) at the same time as, under section 219 or 432 of that Act, it defers sentence. (2) Where, in the case of an offence involving the dishonest appropriation, or the unlawful taking and using, of property or a contravention of section 175(1) of the Road Traffic Act 1972 (taking motor vehicle without authority etc.) the property is recovered, but has been damaged while out of the owner’s possession, that damage (however and by whomsoever it was in fact caused) shall be treated for the purposes of subsection (1) above as having been caused by the acts which constituted the offence. (3) No compensation order shall be made in respect of— (a) loss suffered in consequence of the death of any person; or (b) injury, loss or damage due to an accident arising out of the presence of a motor vehicle on a road, except such damage as is treated, by virtue of subsection (2) above, as having been caused by the convicted person’s acts.

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59 Amount of compensation order.

(1) In determining whether to make a compensation order against any person, and in determining the amount to be paid by any person under such order, the court shall take into consideration his means so far as known to the court: Provided that where the person is serving, or is to serve, a period of imprisonment or detention no account shall be taken, in assessing such means, of earnings contingent upon his obtaining employment after release. (2) In solemn proceedings there shall be no limit on the amount which may be awarded under a compensation order. (3) In summary proceedings— (a) a sheriff, or a stipendiary magistrate appointed under section 5 of the District Courts (Scotland) Act 1975, shall have power to make a compensation order awarding in respect of each offence an amount not exceeding the prescribed sum (within the meaning of section 289B of the Criminal Procedure (Scotland) Act 1975); (b) a judge of a district court (other than such stipendiary magistrate) shall have power to make a compensation order awarding in respect of each offence an amount not exceeding level 4 on the standard scale.

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60 Payment under compensation order.

(1) Payment of any amount under a compensation order shall be made to the clerk of the court who shall account for the amount to the person entitled thereto. (2) Only the court shall have power to enforce a compensation order.

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61 Guidance as to whether compensation order or fine should be preferred.

Where a court considers that in respect of an offence it would be appropriate to impose a fine and to make a compensation order but the convicted person has insufficient means to pay both an appropriate fine and an appropriate amount in compensation the court should prefer a compensation order.

Propose a change

62 Precedence of compensation order over fine.

Where a convicted person has both been fined and had a compensation order made against him in respect of the same offence or different offences in the same proceedings, a payment by the convicted person shall first be applied in satisfaction of the compensation order.

Propose a change

63 Appeal as regards compensation order.

(1) For the purposes of any appeal or review, a compensation order is a sentence. (2) Where a compensation order has been made against a person, a payment made to the court in respect of the order shall be retained until the determination of any appeal in relation to the order.

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64 Review of compensation order.

Without prejudice to the power contained in section 395A of the 1975 Act, (as applied by section 66 of this Act), at any time before a compensation order has been complied with or fully complied with— (a) in a case where, as respects the compensation order, a transfer of fine order under section 403 of the 1975 Act (as applied by the said section 66) is effective and the court by which the compensation order is enforceable is in terms of the transfer of fine order a court of summary jurisdiction in Scotland, that court; or (b) in any other case, the court which made the compensation order or (where that court was the High Court) by which the order was first enforceable, may, on the application of the person against whom the compensation order was made, discharge the compensation order, or reduce the amount that remains to be paid, if it appears to the court either that the injury, loss or damage in respect of which the compensation order was made has been held in civil proceedings to be less than it was taken to be for the purposes of the compensation order or that property the loss of which is reflected in the compensation order has been recovered.

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65 Acts of Adjournal.

The High Court’s power to make Acts of Adjournal under sections 282 and 457 of the 1975 Act shall include power to make rules with regard to any of the provisions of this Part of this Act, including rules relating to the award and payment, by compensation orders, of sums to persons under any legal disability.

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66 Application of provisions relating to fines to enforcement of compensation orders.

(1) The provisions of the 1975 Act specified in subsection (2) below shall, subject to any necessary modifications and to the qualifications mentioned in that subsection, apply in relation to compensation orders as they apply in relation to fines; and sections 91 of the Magistrates’ Courts Act 1980 and 104B of the Magistrates’ Courts Act (Northern Ireland) 1964 shall be construed accordingly. (2) The provisions mentioned in subsection (1) above are— section 194 (application to solemn procedure of summary procedure provisions relating to fines); section 196 (fines etc., may be enforced in other district); section 395(2) to (7) (application of money found on offender); section 395A (power to remit fines), with the omission of the words “or (4)” in subsection (2) of that section; section 396 (time for payment) with the omission of the words from “unless” to “its decision” in subsection (4) and of subsection (5) of that section; section 397 (further time for payment); section 398 (reasons for default); section 399 (payment by instalments); section 400 (supervision pending payment of fine); section 401 (supplementary provisions), except that subsection (1) of that section shall not apply in relation to compensation orders made in solemn proceedings; section 402 (fines etc., may be enforced in another district); section 403 (transfer of fine orders); section 404 (action of clerk of court on transfer of fine order); section 406 (substitution of custody for imprisonment where child defaults on fine); section 407(1)(b), (1A), (1B), (1D), (2) and (4) (maximum period of imprisonment for non-payment of fine): Provided that— (a) a court may impose imprisonment in respect of a fine and decline to impose imprisonment in respect of a compensation order but notvice versa; and (b) where a court imposes imprisonment both in respect of a fine and of a compensation order the amounts in respect of which imprisonment is imposed shall, for the purposes of the said subsection (1A), be aggregated; section 408 (discharge from imprisonment to be specified); section 409 (payment of fine in part by prisoner); section 411 (recovery by civil diligence); and Schedule 7 (application of sums paid as part of fine under section 409).

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67 Effect of compensation order on subsequent award of damages in civil proceedings.

(1) This section shall have effect where a compensation order or a service compensation order or award has been made in favour of any person in respect of any injury, loss or damage and a claim by him in civil proceedings for damages in respect thereof subsequently falls to be determined. (2) The damages in the civil proceedings shall be assessed without regard to the order or award; but where the whole or part of the amount awarded by the order or award has been paid, the damages awarded in the civil proceedings shall be restricted to the amount (if any) by which, as so assessed, they exceed the amount paid under the order or award. (3) Where the whole or part of the amount awarded by the order or award remains unpaid and damages are awarded in a judgment in the civil proceedings, then, unless the person against whom the order or award was made has ceased to be liable to pay the amount unpaid (whether in consequence of an appeal, or of his imprisonment for default or otherwise), the court shall direct that the judgment— (a) if it is for an amount not exceeding the amount unpaid under the order or award, shall not be enforced; or (b) if it is for an amount exceeding the amount unpaid under the order or award, shall not be enforced except to the extent that it exceeds the amount unpaid, without the leave of the court. (4) In this section a “service compensation order or award” means— (a) an order requiring the payment of compensation under paragraph 11 of Schedule 5A to the Army Act 1955, of Schedule 5A to the Air Force Act 1955 or of Schedule 4A to the Naval Discipline Act 1957; or (b) an award of stoppages payable by way of compensation under any of those Acts.

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68 Designation of sports grounds and sporting events.

(1) The Secretary of State may for the purposes of this Part of this Act by order designate— (a) a sports ground or a class of sports ground; (b) a sporting event, or a class of sporting event, at that ground or at any of that class of ground: Provided that a sporting event at which all the participants take part without financial or material reward and to which all spectators are admitted free of charge shall not be subject to an order under this section; but this proviso is without prejudice to the order’s validity as respects any other sporting event. (c) a sporting event, or a class of sporting event, taking place outside Great Britain: (2) The power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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69 Alcohol on vehicle travelling to or from sporting event.

Where a public service vehicle or railway passenger vehicle is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then— (a) any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both; (b) if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and (c) any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

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70 Liability of vehicle operator and his employees and agents.

Notwithstanding section 92 of the Licensing (Scotland) Act 1976 (restriction on carriage of alcoholic liquor in crates on contract carriages), but subject to section 71 of this Act, if the operator of a public service vehicle which is being operated as mentioned in section 69 of this Act, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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70A Alcohol on certain other vehicles.

(1) This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event. (2) Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both. (3) Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (4) Any person who permits alcohol to be carried on a vehicle to which this section applies and— (a) is the driver of the vehicle, or (b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper’s employee or agent, or the employee or agent of a person to whom it is so made available. shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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71 Defences in connection with carriage of alcohol.

Where a person is charged with an offence under section 69(b) , 70 or 70A(4) of this Act, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.

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72 Possession of container at sporting event.

(1) Any person who— (a) is in possession of a controlled container in; or (b) while in possession of a controlled container, attempts to enter, the relevant area of a designated sports ground at any time during, the period of a designated sporting event, shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both. (2) In subsection (1) above, the term “controlled container” means any bottle, can or other portable container, whether open or sealed, which is, or was in its original manufactured state, capable of containing liquid and is made from such material or is of such construction, or is so adapted, that if it were thrown at or propelled against a person it would be capable of causing some injury to that person; but the term does not include a container holding a medicinal product for a medicinal purpose. (3) In subsection (2) above, “medicinal product” and “medicinal purpose” have the meanings assigned to those terms by section 130 of the Medicines Act 1968.

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72A Possession of fireworks etc. at sporting events.

(1) Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence. (2) Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence. (3) A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both. (4) It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance. (5) In subsections (1) and (2) above “controlled article or substance” means— (a) any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and (b) any article which is a firework.

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