Policing and Crime Bill (HC Bill 3)

being, committed on a ship in relation to which the powers conferred by this
section are exercisable by virtue of section 78 or 80.

(2) The law enforcement officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of the offence.

(3) 5The law enforcement officer may seize and retain anything found on the ship
which appears to the officer to be evidence of the offence, other than anything
that the officer has reasonable grounds to believe to be an item subject to legal
privilege.

(4) The power of a law enforcement officer under subsection (2) or (3) may be
10exercised on the ship or elsewhere.

Supplementary provision

85 Maritime enforcement powers: supplementary: protective searches

(1) This section applies where a power conferred by section 82 is exercised in
relation to a ship.

(2) 15A law enforcement officer may search any person found on the ship for
anything which the officer has reasonable grounds to believe the person might
use to—

(a) cause physical injury,

(b) cause damage to property, or

(c) 20endanger the safety of any ship.

(3) The power under subsection (2) may be exercised on board the ship or
elsewhere.

(4) A law enforcement officer searching a person under subsection (2) may seize
and retain anything found if the law enforcement officer has reasonable
25grounds to believe that the person might use it for a purpose mentioned in
paragraphs (a) to (c) of that subsection.

(5) Anything seized under subsection (4) may be retained only for so long as there
are reasonable grounds to believe that it might be used as mentioned in that
subsection.

(6) 30The power to search a person conferred by subsection (2) does not authorise a
law enforcement officer to require the person to remove any clothing in public,
other than an outer coat, jacket or gloves.

86 Maritime enforcement powers: other supplementary provision

(1) A law enforcement officer may—

(a) 35be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Chapter.

(2) A law enforcement officer may use reasonable force, if necessary, in the
performance of functions under this Chapter.

(3) 40A person accompanying a law enforcement officer under subsection (1) may
perform any of the officer’s functions under this Chapter, but only under the
officer’s supervision.

(4) A law enforcement officer must produce evidence of the officer’s authority if
asked to do so.

(5) A law enforcement officer is not liable in any criminal or civil proceedings for
anything done in the purported performance of functions under this Chapter
5if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

(6) The powers conferred by this Chapter do not affect any other powers that a law
enforcement officer may have.

87 10Maritime enforcement powers: offences

(1) A person commits an offence if the person—

(a) intentionally obstructs a law enforcement officer in the performance of
functions under this Chapter, or

(b) fails without reasonable excuse to comply with a requirement imposed
15by a law enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement imposed by
a law enforcement officer in the performance of functions under this Chapter
commits an offence if—

(a) the information is false in a material particular, and the person either
20knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A law enforcement officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of an offence under
this section.

(4) 25A person guilty of an offence under this section is liable on summary
conviction to a fine.

88 Maritime enforcement powers: code of practice

(1) The Secretary of State must prepare and issue a code of practice in respect of
the practice to be followed by law enforcement officers when arresting a
30person under the power conferred by section 84.

(2) The code must, in particular, provide guidance as to the information to be
given to the person at the time of arrest (whether about procedural rights or
other matters).

(3) A failure of a law enforcement officer to comply with any provision of the code
35does not of itself render the law enforcement officer liable to any criminal or
civil proceedings.

(4) The code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) may be taken into account by a court or tribunal in any case in which it
40appears to the court or tribunal to be relevant.

(5) The Secretary of State may at any time revise the whole or any part of the code.

(6) The code, or any revision of the code, does not come into operation until the
Secretary of State so provides by regulations.

(7) Regulations under this section are to be made by statutory instrument.

(8) A statutory instrument containing regulations under this section that bring the
code into operation may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

(9) 5A statutory instrument containing regulations under this section that bring a
revision of the code into operation must be laid before Parliament (if the
regulations are made without a draft having been laid and approved as
mentioned in subsection (8)).

(10) Where a statutory instrument, or draft of a statutory instrument, is laid under
10this section, the code or revision of the code to which it relates must also be laid.

89 Interpretation

(1) In this Chapter—

• “England and Wales waters” means the sea and other waters within the
  seaward limits of the territorial sea adjacent to England and Wales;

• 15“foreign ship” means a ship which—

  (a)

  is registered in a State other than the United Kingdom, or

  (b)

  is not so registered but is entitled to fly the flag of a State other
  than the United Kingdom;

• “foreign waters” means the sea and other waters within the seaward
  20limits of the territorial sea adjacent to any relevant territory or State
  other than the United Kingdom;

• “home state”, in relation to a foreign ship, means—

  (a)

  the State in which the ship is registered, or

  (b)

  the State whose flag the ship is otherwise entitled to fly;

• 25“international waters” means waters beyond the territorial sea of the
  United Kingdom or of any other State or relevant territory;

• “items subject to legal privilege” has the same meaning as in the Police
  and Criminal Evidence Act 1984 (see section 10 of that Act);

• “law enforcement officer” has the meaning given by section 78(3);

• 30“maritime enforcement powers” has the meaning given by section 78(2);

• “Northern Ireland waters” means the sea and other waters within the
  seaward limits of the territorial sea adjacent to Northern Ireland;

• “relevant territory” means—

  (a)

  the Isle of Man;

  (b)

  35any of the Channel Islands;

  (c)

  a British overseas territory;

• “Scotland waters” means the sea and other waters within the seaward
  limits of the territorial sea adjacent to Scotland;

• “ship” includes every description of vessel (including a hovercraft) used
  40in navigation;

• “ship without nationality” means a ship which—

  (a)

  is not registered in, or otherwise entitled to fly the flag of, any
  State or relevant territory, or

  (b)

  sails under the flags of two or more States or relevant territories,
  45or under the flags of a State and relevant territory, using them
  according to convenience;

• “United Kingdom ship” means a ship which—

  Policing and Crime BillPage 103

  (a)

  is registered under Part 2 of the Merchant Shipping Act 1995,

  (b)

  is a Government ship within the meaning of that Act,

  (c)

  is not registered in any State or relevant territory but is wholly
  owned by persons each of whom has a United Kingdom
  5connection, or

  (d)

  is registered under an Order in Council under section 1 of the
  Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship”
in subsection (1), a person has a “United Kingdom connection” if the person
10is—

(a) a British citizen, a British overseas territories citizen or a British
Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the
15United Kingdom and has its principal place of business in the United
Kingdom.

(3) References in this Chapter to the United Nations Convention on the Law of the
Sea include references to any modifications of that Convention agreed after the
passing of this Act that have entered into force in relation to the United
20Kingdom.

CHAPTER 5 Police powers: maritime enforcement in connection with Scottish offences

Application of maritime enforcement powers: general

90 Application of maritime enforcement powers: general

(1) A law enforcement officer may, for the purpose of preventing, detecting or
25investigating an offence under the law of Scotland, exercise any of the maritime
enforcement powers in relation to—

(a) a United Kingdom ship in Scotland waters, foreign waters or
international waters,

(b) a ship without nationality in Scotland waters or international waters,

(c) 30a foreign ship in Scotland waters, or

(d) a ship, registered under the law of a relevant territory, in Scotland
waters.

(2) In this Chapter, “the maritime enforcement powers” are the powers set out in—

(a) section 94;

(b) 35section 95;

(c) section 96.

(3) The following persons are “law enforcement officers” for the purpose of this
Chapter—

(a) a constable within the meaning of section 99 of the Police and Fire
40Reform (Scotland) Act 2012 (2012 asp 82012 asp 8),

(b) a constable who is a member of the British Transport Police Force,

(c) a designated customs official within the meaning of Part 1 of the
Borders, Citizenship and Immigration Act 2009 (see section 14(6) of that
Act),

(d) a National Crime Agency officer having the powers and privileges of a
5constable in Scotland under the Crime and Courts Act 2013, or

(e) a person of a description specified in regulations made by the Secretary
of State.

(4) Regulations under subsection (3)(e) are to be made by statutory instrument.

(5) A statutory instrument containing regulations under subsection (3)(e) is
10subject to annulment in pursuance of a resolution of either House of
Parliament.

(6) Regulations under subsection (3)(e) may not make devolved provision except
with the consent of the Scottish Ministers.

(7) For the purpose of subsection (6), regulations under subsection (3)(e) make
15devolved provision if and to the extent that the effect of the regulations is to
confer functions under this Chapter on a person of a description specified in
the regulations and it would be within the legislative competence of the
Scottish Parliament to confer those functions on persons of that description in
an Act of the Scottish Parliament.

(8) 20This section is subject to section 91 (which makes provision about when the
authority of the Secretary of State is required before the maritime enforcement
powers are exercised in reliance on this section).

91 Restriction on exercise of maritime enforcement powers

(1) The authority of the Secretary of State is required before a law enforcement
25officer exercises any of the maritime enforcement powers, in reliance on section
90(1), in relation to a United Kingdom ship in foreign waters.

(2) The Secretary of State may give authority under subsection (1) only if the State,
or the relevant territory, in whose waters the powers would be exercised
consents to the exercise of the powers.

(3) 30The authority of the Secretary of State is required before a law enforcement
officer exercises any of the maritime enforcement powers, in reliance on section
90(1), in relation to a foreign ship, or a ship registered under the law of a
relevant territory, within the territorial sea adjacent to Scotland.

(4) The Secretary of State may give authority under subsection (3) in relation to a
35foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for
the purpose of preventing, detecting or investigating an offence under
the law of Scotland,

(b) the home state has authorised the United Kingdom to act for that
40purpose, or

(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941)
otherwise permits the exercise of the powers in relation to the ship.

Ships in England and Wales or Northern Ireland waters: hot pursuit

92 Hot pursuit of ships in England and Wales or Northern Ireland waters

(1) A law enforcement officer may, for the purpose of preventing, detecting or
investigating an offence under the law of Scotland, exercise any of the maritime
5enforcement powers in relation to a ship in England and Wales waters or in
Northern Ireland waters if—

(a) the ship is pursued there,

(b) immediately before the pursuit of the ship, the ship was in relevant
waters,

(c) 10before the pursuit of the ship, a signal was given for it to stop,

(d) the signal was given in such a way as to be audible or visible from the
ship, and

(e) the pursuit of the ship is not interrupted.

(2) For the purposes of subsection (1)(b), “relevant waters” are—

(a) 15in the case of a United Kingdom ship or a ship without nationality,
Scotland waters or international waters;

(b) in the case of a foreign ship or a ship registered under the law of a
relevant territory, Scotland waters.

(3) For the purposes of subsection (1)(e), pursuit is not interrupted by reason only
20of the fact that—

(a) the method of carrying out the pursuit, or

(b) the identity of the ship or aircraft carrying out the pursuit,

changes during the course of the pursuit.

(4) This section is subject to section 93 (which requires the authority of the
25Secretary of State before the maritime enforcement powers are exercised in
relation to a foreign ship, or a ship registered under the law of a relevant
territory, within the territorial sea adjacent to England and Wales or Northern
Ireland).

93 Restriction on exercise of maritime enforcement powers in hot pursuit

(1) 30The authority of the Secretary of State is required before a law enforcement
officer exercises any of the maritime enforcement powers, in reliance on section
92 in relation to a foreign ship, or a ship registered under the law of a relevant
territory, within the territorial sea adjacent to England and Wales or Northern
Ireland.

(2) 35The Secretary of State may give authority under subsection (1) in relation to a
foreign ship only if—

(a) the home state has requested the assistance of the United Kingdom for
the purpose of preventing, detecting or investigating an offence under
the law of Scotland,

(b) 40the home state has authorised the United Kingdom to act for that
purpose, or

(c) the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941)
otherwise permits the exercise of the powers in relation to the ship.

The maritime enforcement powers

94 Power to stop, board, divert and detain

(1) This section applies if a law enforcement officer has reasonable grounds to
suspect that—

(a) 5an offence under the law of Scotland is being, or has been, committed
on a ship in relation to which the powers conferred by this section are
exercisable by virtue of section 90 or 92, or

(b) a ship in relation to which those powers are so exercisable is otherwise
being used in connection with the commission of an offence under that
10law.

(2) The law enforcement officer may—

(a) stop the ship;

(b) board the ship;

(c) require the ship to be taken to a port in Scotland or elsewhere and
15detained there.

(3) Except as provided by subsection (5), the authority of the Secretary of State is
required before a law enforcement officer may exercise the power conferred by
subsection (2)(c) to require the ship to be taken to a port outside the United
Kingdom.

(4) 20The Secretary of State may give authority for the purposes of subsection (3)
only if the State, or the relevant territory, in which the port is located is willing
to receive the ship.

(5) If the law enforcement officer is acting under authority given for the purposes
of section 91(3) or 93(1), the law enforcement officer may require the ship to be
25taken to—

(a) a port in the home state or relevant territory in question, or

(b) if the home state or relevant territory requests, a port in any other State
or relevant territory willing to receive the ship.

(6) The law enforcement officer may require the master of the ship, or any member
30of its crew, to take such action as is necessary for the purposes of subsection
(2)(c).

(7) A law enforcement officer must give notice in writing to the master of any ship
detained under this section.

(8) The notice must state that the ship is to be detained until the notice is
35withdrawn by the giving of a further notice in writing signed by a law
enforcement officer.

95 Power to search and obtain information

(1) This section applies if a law enforcement officer has reasonable grounds to
suspect that there is evidence relating to an offence under the law of Scotland
40(other than items subject to legal privilege) on a ship in relation to which the
powers conferred by this section are exercisable by virtue of section 90 or 92.

(2) The law enforcement officer may search—

(a) the ship;

(b) anyone found on the ship;

(c) anything found on the ship (including cargo).

(3) The law enforcement officer may require a person found on the ship to give
information about himself or herself.

(4) The power to search conferred by subsection (2) is a power to search only to the
5extent that it is reasonably required for the purpose of discovering evidence of
the kind mentioned in subsection (1).

(5) The power to search a person conferred by subsection (2) does not authorise a
law enforcement officer to require the person to remove any clothing in public
other than an outer coat, jacket or gloves.

(6) 10In exercising a power conferred by subsection (2) or (3), a law enforcement
officer may (amongst other things)—

(a) open any containers;

(b) require the production of documents, books or records relating to the
ship or anything on it, other than anything that the law enforcement
15officer has reasonable grounds to believe to be an item subject to legal
privilege;

(c) make photographs or copies of anything the production of which the
law enforcement officer has power to require.

(7) The power in subsection (6)(b) to require the production of documents, books
20or records includes, in relation to documents, books or records kept in
electronic form, power to require the provision of the documents, books or
records in a form in which they are legible and can be taken away.

(8) The power of a law enforcement officer under subsection (2)(b) or (c) or (3) may
be exercised on the ship or elsewhere.

96 25Power of arrest and seizure

(1) This section applies if a law enforcement officer has reasonable grounds to
suspect that an offence under the law of Scotland has been, or is being,
committed on a ship in relation to which the powers conferred by this section
are exercisable by virtue of section 90 or 92.

(2) 30The law enforcement officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of the offence.

(3) The law enforcement officer may seize and retain anything found on the ship
which appears to the officer to be evidence of the offence, other than anything
that the officer has reasonable grounds to believe to be an item subject to legal
35privilege.

(4) The power of a law enforcement officer under subsection (2) or (3) may be
exercised on the ship or elsewhere.

Supplementary provision

97 Maritime enforcement powers: supplementary: protective searches

(1) 40This section applies where a power conferred by section 94 is exercised in
relation to a ship.

(2) A law enforcement officer may search any person found on the ship for
anything which the officer has reasonable grounds to believe the person might
use to—

(a) cause physical injury,

(b) 5cause damage to property, or

(c) endanger the safety of any ship.

(3) The power under subsection (2) may be exercised on board the ship or
elsewhere.

(4) A law enforcement officer searching a person under subsection (2) may seize
10and retain anything found if the law enforcement officer has reasonable
grounds to believe that the person might use it for a purpose mentioned in
paragraphs (a) to (c) of that subsection.

(5) Anything seized under subsection (4) may be retained only for so long as there
are reasonable grounds to believe that it might be used as mentioned in that
15subsection.

(6) The power to search a person conferred by subsection (2) does not authorise a
law enforcement officer to require the person to remove any clothing in public,
other than an outer coat, jacket or gloves.

98 Maritime enforcement powers: other supplementary provision

(1) 20A law enforcement officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Chapter.

(2) A law enforcement officer may use reasonable force, if necessary, in the
25performance of functions under this Chapter.

(3) A person accompanying a law enforcement officer under subsection (1) may
perform any of the officer’s functions under this Chapter, but only under the
officer’s supervision.

(4) A law enforcement officer must produce evidence of the officer’s authority if
30asked to do so.

(5) The powers conferred by this Chapter do not affect any other powers that a law
enforcement officer may have.

99 Maritime enforcement powers: offences

(1) A person commits an offence if the person—

(a) 35intentionally obstructs a law enforcement officer in the performance of
functions under this Chapter, or

(b) fails without reasonable excuse to comply with a requirement imposed
by a law enforcement officer in the performance of those functions.

(2) A person who provides information in response to a requirement imposed by
40a law enforcement officer in the performance of functions under this Chapter
commits an offence if—

(a) the information is false in a material particular, and the person either
knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material particular.

(3) A law enforcement officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of an offence under
this section.

(4) 5A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.

100 Interpretation

(1) In this Chapter—

• “England and Wales waters” means the sea and other waters within the
  10seaward limits of the territorial sea adjacent to England and Wales;

• “foreign ship” means a ship which—

  (a)

  is registered in a State other than the United Kingdom, or

  (b)

  is not so registered but is entitled to fly the flag of a State other
  than the United Kingdom;

• 15“foreign waters” means the sea and other waters within the seaward
  limits of the territorial sea adjacent to any relevant territory or State
  other than the United Kingdom;

• “home state”, in relation to a foreign ship, means—

  (a)

  the State in which the ship is registered, or

  (b)

  20the State whose flag the ship is otherwise entitled to fly;

• “international waters” means waters beyond the territorial sea of the
  United Kingdom or of any other State or relevant territory;

• “items subject to legal privilege” has the same meaning as in Chapter 3 of
  Part 8 of the Proceeds of Crime Act 2002 (see section 412 of that Act);

• 25“law enforcement officer” has the meaning given by section 90(3);

• “maritime enforcement powers” has the meaning given by section 90(2);

• “Northern Ireland waters” means the sea and other waters within the
  seaward limits of the territorial sea adjacent to Northern Ireland;

• “relevant territory” means—

  (a)

  30the Isle of Man;

  (b)

  any of the Channel Islands;

  (c)

  a British overseas territory;

• “Scotland waters” means the sea and other waters within the seaward
  limits of the territorial sea adjacent to Scotland;

• 35“ship” includes every description of vessel (including a hovercraft) used
  in navigation;

• “ship without nationality” means a ship which—

  (a)

  is not registered in, or otherwise entitled to fly the flag of, any
  State or relevant territory, or

  (b)

  40sails under the flags of two or more States or relevant territories,
  or under the flags of a State and relevant territory, using them
  according to convenience;

• “United Kingdom ship” means a ship which—

  (a)

  is registered under Part 2 of the Merchant Shipping Act 1995,

  (b)

  45is a Government ship within the meaning of that Act,

  Policing and Crime BillPage 110

  (c)

  is not registered in any State or relevant territory but is wholly
  owned by persons each of whom has a United Kingdom
  connection, or

  (d)

  is registered under an Order in Council under section 1 of the
  5Hovercraft Act 1968.

(2) For the purposes of paragraph (c) of the definition of “United Kingdom ship”
in subsection (1), a person has a “United Kingdom connection” if the person
is—

(a) a British citizen, a British overseas territories citizen or a British
10Overseas citizen,

(b) an individual who is habitually resident in the United Kingdom, or

(c) a body corporate which is established under the law of a part of the
United Kingdom and has its principal place of business in the United
Kingdom.

(3) 15References in this Chapter to the United Nations Convention on the Law of the
Sea include references to any modifications of that Convention agreed after the
passing of this Act that have entered into force in relation to the United
Kingdom.

Part 5 20Police and crime commissioners and police areas

101 Term of office of deputy police and crime commissioners

(1) Schedule 1 to the Police Reform and Social Responsibility Act 2011 (police and
crime commissioners) is amended in accordance with subsections (2) and (3).

(2) In paragraph 8 (the deputy police and crime commissioner), for sub-paragraph
25(3) substitute—

“(3) The terms and conditions of a person appointed as the deputy police
and crime commissioner must ensure that the term of office ends no
later than the sixth day after the day of the poll at the next ordinary
election of police and crime commissioners (that is, the day on which
30the term of office of the appointing police and crime commissioner
would, if there were no vacancy in the office before then, end in
accordance with section 50(7)(b)).

(3A) The terms and conditions must also provide for the deputy police
and crime commissioner’s appointment to end when, following an
35election held under section 51 to fill a vacancy in the office of the
appointing police and crime commissioner, the person elected makes
and delivers a declaration of acceptance of office under section 70(1).

(3B) Subject to sub-paragraphs (3) and (3A), the terms and conditions
may make such provision about termination as the appointing police
40and crime commissioner thinks appropriate.””

(3) In that paragraph, omit sub-paragraph (5).

(4) The amendments made by this section apply in relation to the terms and
conditions of a person appointed as a deputy police and crime commissioner
before this section comes into force (as well as to the terms and conditions of a
45person appointed after it comes into force).

(5) But the amendments do not apply in relation to the terms and conditions of a
person appointed as a deputy police and crime commissioner before this
section comes into force if, at the time when it comes into force, an election held
under section 51 of the 2011 Act to fill a vacancy in the office of police and crime
5commissioner for the police area in question is in progress.

(6) For the purpose of subsection (5), an election held under section 51 of the 2011
Act is in progress during the period—

(a) beginning with the time when the vacancy in the office of police and
crime commissioner occurred, and

(b) 10ending immediately after the person elected to fill the vacancy has
made and delivered a declaration of acceptance under section 70(1) of
that Act.

102 Eligibility of deputy police and crime commissioners for election

(1) In section 65 of the Police Reform and Social Responsibility Act 2011
15(disqualification from election or holding office as police and crime
commissioner: police grounds), after subsection (1) insert—

“(1A) Subsection (1)(e)(i) does not prevent a deputy police and crime
commissioner—

(a) from being elected as police and crime commissioner at an
20ordinary election of police and crime commissioners;

(b) from being elected at an election held under section 51 to fill a
vacancy in the office of police and crime commissioner if, on the
day on which the person is nominated as a candidate at the
election and at all times between that day and the declaration of
25the result of the election, the deputy is acting as police and crime
commissioner under section 62.””

(2) Section 65(1A)(b) of the 2011 Act (as inserted by subsection (1) above) does not
apply in relation to an election held under section 51 of that Act to fill a vacancy
in the office of police and crime commissioner if the election is in progress at
30the time this section comes into force.

(3) For the purpose of subsection (2), an election held under section 51 of the 2011
Act is in progress during the period—

(a) beginning with the time when the vacancy in the office of police and
crime commissioner occurred, and

(b) 35ending immediately after the person elected to fill the vacancy has
made and delivered a declaration of acceptance under section 70(1) of
that Act.

103 Amendments to the names of police areas

(1) After section 31 of the Police Act 1996 insert—

40““Amendment of names of police areas

31A Power to amend names of police areas

(1) The Secretary of State may by regulations amend any name of a police
area specified in the first column of Schedule 1 (police areas).

(2) A statutory instrument containing regulations under subsection (1)
may not be made unless a draft of the instrument has been laid before
and approved by a resolution of each House of Parliament.””

(2) In consequence of the amendment made by subsection (1), in section 1 of that
5Act (police areas), in the words in brackets, for “any amendment made to that
Schedule by an order” substitute “any amendment made to the first column of
that Schedule by regulations under section 31A or any amendment made to the
second column, or to the first and second columns, by an order”.

Part 6 10Firearms

104 Firearms Act 1968: meaning of “firearm” etc.

(1) The Firearms Act 1968 is amended as follows.

(2) In section 57 (interpretation), in subsection (1), for the words from the
beginning to the end of paragraph (c) substitute—

“(1) 15In this Act, the expression “firearm” means—

(a) a lethal barrelled weapon (see subsection (1B));

(b) a prohibited weapon;

(c) a relevant component part in relation to a lethal barrelled
weapon or a prohibited weapon (see subsection (1C));

(d) 20an accessory to a lethal barrelled weapon or a prohibited
weapon where the accessory is designed or adapted to diminish
the noise or flash caused by firing the weapon;”.”

(3) In that section, before subsection (2) insert—

“(1B) In subsection (1)(a), “lethal barrelled weapon” means a barrelled
25weapon of any description from which a shot, bullet or other missile,
with kinetic energy of more than one joule at the muzzle of the weapon,
can be discharged.

(1C) Subsection (1) is subject to section 57A (exception for airsoft guns).””

(4) In that section, after subsection (1C) (as inserted by subsection (3) above)
30insert—

“(1D) For the purposes of subsection (1)(c), each of the following items is a
relevant component part in relation to a lethal barrelled weapon or a
prohibited weapon—

(a) a barrel, chamber or cylinder,

(b) 35a frame, body or receiver,

(c) a breech block, bolt or other mechanism for containing the
pressure of discharge at the rear of a chamber,

but only where the item is capable of being used as a part of a lethal
barrelled weapon or a prohibited weapon.””

(5) After section 57 insert—

“57A Exception for airsoft guns

(1) An “airsoft gun” is not to be regarded as a firearm for the purposes of
this Act.

(2) 5An “airsoft gun” is a barrelled weapon of any description from which
only a small plastic missile, with kinetic energy at the muzzle of the
weapon that does not exceed the permitted level, can be discharged.

(3) “Small plastic missile” means a missile that—

(a) is made wholly or partly from plastics, and

(b) 10does not exceed 6 millimetres in diameter.

(4) The permitted kinetic energy level is—

(a) in the case of a weapon which is designed or adapted so that
two or more missiles can be discharged successively without
repeated pressure on the trigger, 1.3 joules;

(b) 15in any other case, 2.5 joules.””

(6) After section 57A (inserted by subsection (5))—

“57B Power to amend section 57(1D)

(1) The Secretary of State may by regulations made by statutory
instrument amend section 57(1D) so as to make different provision for
20the purposes of section 57(1)(c) about the meaning of a relevant
component part in relation to a lethal barrelled weapon or a prohibited
weapon.

(2) Regulations under this section may include—

(a) incidental, supplementary or consequential provision;

(b) 25transitional, transitory or saving provision.

(3) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.””

105 Firearms Act 1968: meaning of “antique firearm”

(1) 30Section 58 of the Firearms Act 1968 (particular savings) is amended in
accordance with subsections (2) and (3).

(2) After subsection (2) (which makes provision about antique firearms) insert—

“(2A) For the purposes of subsection (2), a firearm is an “antique firearm” if—

(a) its chamber is capable of being used only with a cartridge of a
35description specified in regulations made by statutory
instrument by the Secretary of State, or

(b) its ignition system is of a description specified in regulations
made by statutory instrument by the Secretary of State.

(2B) Regulations under subsection (2A) may make different provision for
40different purposes.

(2C) Subject to subsection (2D), a statutory instrument containing
regulations under subsection (2A) may not be made unless a draft of

the instrument has been laid before and approved by a resolution of
each House of Parliament.

(2D) A statutory instrument containing regulations under subsection (2A)
which contain only provision amending regulations previously made
5under that subsection so as to remove a description of cartridge or a
description of ignition system from the descriptions specified in those
regulations is subject to annulment in pursuance of a resolution of
either House of Parliament.””

(3) In subsection (2)—

(a) 10in paragraph (a), for “section 21” substitute “sections 19, 20 and 21”;

(b) in paragraph (b), for “section 21” substitute “section 19, 20 or 21”.

(4) Subsections (5) to (7) apply where—

(a) immediately before the coming into force of regulations under section
58(2A) of the Firearms Act 1968 (as inserted by subsection (2) above), a
15person has in his or her possession a firearm that is an antique firearm
for the purposes of section 58(2) of that Act, and

(b) in consequence of the coming into force of the regulations, the firearm
ceases to be an antique firearm for those purposes.

(5) Section 5 of the Firearms Act 1968 does not apply in relation to the possession
20of the firearm by the person unless—

(a) the person carries on a business as a firearms dealer, and

(b) the firearm is in his or her possession for the purpose of the business.

(6) An application by the person for a certificate under section 1 or 2 of that Act in
respect of possession of the firearm may not be refused on the ground that the
25person does not have a good reason for having the firearm in his or her
possession.

(7) An application by the person for the renewal of a certificate issued under
section 1 or 2 of that Act in respect of possession of the firearm may not be
refused on the ground that the person does not have a good reason for having
30the firearm in his or her possession.

(8) The provision made by subsections (4) to (7) does not prevent additional
transitional provision being made (under the power conferred by section
139(6)) in connection with the coming into force of this section (including
provision for enabling certificates and authorisations under the Firearms Act
351968 to be issued or granted before this section comes fully into force).

106 Possession of articles for conversion of imitation firearms

After section 4 of the Firearms Act 1968 (conversion of weapons) insert—

“4A Possession of articles for use in connection with conversion

(1) A person, other than a registered firearms dealer, commits an offence
40if—

(a) the person has in his or her possession or under his or her
control an article that is capable of being used (whether by itself
or with other articles) to convert an imitation firearm into a
firearm, and

(b) 45the person intends to use the article (whether by itself or with
other articles) to convert an imitation firearm into a firearm.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
5committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months) or to a fine, or to
both;

(ii) in Scotland, to imprisonment for a term not exceeding 12
months, or to a fine not exceeding the statutory
10maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine, or to both.””

107 Controls on defectively deactivated weapons

After section 8 of the Firearms (Amendment) Act 1988 insert—

“8A 15Controls on defectively deactivated weapons

(1) It is an offence for a person who owns or claims to own a defectively
deactivated weapon—

(a) to make the weapon available for sale or as a gift to another
person, or

(b) 20to sell it or give it (as a gift) to another person.

(2) Subsection (1)(a) does not apply if—

(a) the weapon is made available for sale or as a gift only to a
person who is outside the EU (or to persons all of whom are
outside the EU), and

(b) 25it is made so available on the basis that, if a sale or gift were to
take place, the weapon would be transferred to a place outside
the EU.

(3) Subsection (1)(b) does not apply if—

(a) the weapon is sold or given to a person who is outside the EU
30(or to persons all of whom are outside the EU), and

(b) in consequence of the sale or gift, it is (or is to be) transferred to
a place outside the EU.

(4) For the purpose of this section, something is a “defectively deactivated
weapon” if—

(a) 35it was at any time a firearm,

(b) it has been rendered incapable of discharging any shot, bullet or
other missile (and, accordingly, has either ceased to be a firearm
or is a firearm only by virtue of the Firearms Act 1982), but

(c) it has not been rendered so incapable in a way that meets the
40applicable EU technical specifications.

(5) In subsection (4)(c), “the applicable EU technical specifications” means
the technical specifications for the deactivation of the weapon that are
set out in an EU instrument in force at the time when the weapon is
made available for sale or as a gift or (as the case may be) when it is sold
45or given as a gift.

(6) References in this section to “sale” include exchange or barter (and
references to sell are to be construed accordingly).

(7) A person guilty of an offence under this section is liable—

(a) on summary conviction—

(i) 5in England and Wales, to imprisonment for a term not
exceeding 12 months (or, in relation to offences
committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, 6 months) or to a fine, or to
both;

(ii) 10in Scotland, to imprisonment for a term not exceeding 12
months, or to a fine not exceeding the statutory
maximum, or to both;

(b) on conviction on indictment, to imprisonment for a term not
exceeding 5 years or to a fine, or to both.””

108 15Applications under the Firearms Acts: fees

(1) After section 32 of the Firearms Act 1968 (fee for certificate and exemption from
paying it in certain cases) insert—

“32ZA Fees in connection with authority under section 5

(1) The Secretary of State may by regulations authorise the appropriate
20national authority to require payment of a fee before an authority
under section 5 is granted, varied or renewed.

(2) Regulations under subsection (1) must specify the amount of any fee
that may be charged.

(3) The regulations may make different provision for different cases
25(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) 30A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) In this section, “the appropriate national authority” means—

(a) in or as regards England and Wales, the Secretary of State;

(b) 35in or as regards Scotland, the Scottish Ministers.””

(2) Before section 16 of the Firearms (Amendment) Act 1988 insert—

“15B Fees in connection with approvals under section 15

(1) The Secretary of State may by regulations authorise the appropriate
national authority to require payment of a fee before an approval under
40section 15 is granted, varied or renewed.

(2) Regulations under subsection (1) must specify the amount of any fee
that may be charged.

(3) The regulations may make different provision for different cases
(including specifying different fees for different cases).

(4) The regulations may include—

(a) incidental, supplementary or consequential provision;

(b) 5transitional, transitory or saving provision.

(5) Regulations under this section are to be made by statutory instrument.

(6) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.