Offensive Weapons Bill (HC Bill 232)

Offensive Weapons BillPage 30

(5) Condition A is that possession of the firearm to which the claim relates will
become unlawful by virtue of section 28 or 29.

(6) Condition B is that the person making the claim had the firearm in their
possession on or immediately before 20th June 2018.

(7) 5Condition C is that on or before 20th June 2018 the person making the claim
had contracted to acquire the firearm.

(8) Condition D is that the person making the claim did not import the firearm into
the United Kingdom on or after 4th December 2017.

(9) The provision that may be made by regulations under subsection (3)
10includes—

(a) other provision restricting eligibility for receipt of payments, including
provision restricting eligibility to claims made in respect of firearms
surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time
15within which claims must be made and the provision of information) in
respect of claims and for the determination of such claims.

34 Payments in respect of ancillary equipment

(1) The Secretary of State may by regulations provide for payments to be made in respect
of ancillary equipment of any description specified in the regulations.

(2) 20In subsection (1) “ancillary equipment” means equipment, other than
prohibited ammunition, which—

(a) is designed or adapted for use in connection with firearms prohibited
by virtue of section 28 or 29, and

(b) has no practicable use in connection with any firearm which is not a
25prohibited weapon.

(3) Regulations under subsection (1) must provide that a payment may only be
made to a person making a claim which meets—

(a) condition A, and

(b) where the claim is made in respect of ancillary equipment which is
30ammunition, condition B.

(4) Condition A is that the person making the claim had the ancillary equipment
to which the claim relates in their possession—

(a) on or immediately before 20th June 2018, or

(b) after that date because they purchased it by virtue of a contract entered
35into on or before that date.

(5) Condition B is that the possession of the ammunition by the person making the
claim was, at all material times, lawful by virtue of a firearm certificate held by
them or by virtue of being a registered firearms dealer.

(6) Regulations under subsection (1) may require, as a condition of eligibility for
40receipt of payments in respect of any equipment—

(a) the surrender (whether to the police or any other person) of that
equipment in accordance with the regulations within a period specified
in the regulations,

(b) the disposal of that equipment by way of sale within a period so
45specified, or

Offensive Weapons BillPage 31

(c) either such surrender or such disposal of the equipment within a period
so specified.

(7) The provision that may be made by regulations under subsection (1)
includes—

(a) 5other provision restricting eligibility for receipt of payments, including
provision restricting eligibility to claims made in respect of ancillary
equipment surrendered or disposed of within a period specified in the
regulations;

(b) provision about the procedure to be followed (including any time
10within which claims must be made and the provision of information) in
respect of claims and for the determination of such claims.

35 Interpretation of sections 28 to 34

(1) Any expression used in section 28, or in sections 31 to 34 as they apply in
relation to England and Wales and Scotland, and which is defined in the
15Firearms Act 1968 has the same meaning as in that Act.

(2) Any expression used in section 29, or in sections 31 to 34 as they apply in
relation to Northern Ireland, and which is defined in the Firearms (Northern
Ireland) Order 2004 (SI 2004/702 (NI 3)SI 2004/702 (NI 3)) has the same meaning as in that Order.

Supplementary

36 20Consequential amendments relating to armed forces

(1) Part 2 of Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences
that may be dealt with at a summary hearing only with permission) is
amended as follows.

(2) After paragraph 14 insert—

14A 25An offence under section 1(1A) of the Restriction of Offensive
Weapons Act 1959 (possession of flick knife, flick gun or gravity
knife).”

(3) After paragraph 16 insert—

16A An offence under section 141(1A) of the Criminal Justice Act 1988
30(possession of certain offensive weapons).”

(4) After paragraph 20 insert—

21 An offence under section 1(1) of the Offensive Weapons Act 2018
(sale of corrosive product to person under 18).

22 An offence under section 3(2) or (3) of the Offensive Weapons Act
352018 (delivery of corrosive product to residential premises or locker).

23 An offence under section 5(1) of the Offensive Weapons Act 2018
(possession of a corrosive substance in a public place).

24 An offence under section 15(2) or (3) of the Offensive Weapons Act
2018 (delivery of bladed product to residential premises or locker).”

Offensive Weapons BillPage 32

37 Regulations

(1) Any power or duty of the Secretary of State to make regulations under this Act
is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Act made by the
5Secretary of State may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.

(3) An order made by the Scottish Ministers under section 1(5)(c), 4(8)(c) or
18(8)(c) is subject to the negative procedure (see section 28 of the Interpretation
and Legislative Reform (Scotland) Act 2010).

(4) 10Regulations made by the Scottish Ministers under section 16(7) or 25(4) are
subject to the affirmative procedure (see section 29 of the Interpretation and
Legislative Reform (Scotland) Act 2010).

(5) Any power or duty of the Department of Justice in Northern Ireland to make
regulations or an order under this Act is exercisable by statutory rule for the
15purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by
statutory instrument).

(6) No regulations may be made by the Department of Justice under this Act
unless a draft of the regulations has been laid before, and approved by a
resolution of, the Northern Ireland Assembly.

(7) 20Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the
purposes of subsection (6) in relation to the laying of a draft as it applies in
relation to the laying of a statutory document under an enactment.

(8) Regulations or an order under this Act—

(a) may make different provision for different cases;

(b) 25may make transitional, transitory or saving provision;

(c) may make incidental, supplementary or consequential provision.

(9) Subsections (2) and (8) do not apply to regulations or an order under section 39.

38 Extent

(1) The following provisions of this Act extend to England and Wales, Scotland
30and Northern Ireland—

(a) sections 1 to 5;

(b) subsection (4) of section 13, and subsection (1) of that section so far as
relating to subsection (4) of that section;

(c) sections 15 to 18;

(d) 35section 19(1);

(e) subsection (3) of section 20, and subsection (1) of that section so far as
relating to subsection (3) of that section;

(f) subsections (2) to (7) of section 22, and subsection (1) of that section so
far as relating to subsections (2) to (7) of that section;

(g) 40sections 24 and 25;

(h) sections 31 to 35;

(i) section 37;

(j) this section;

(k) sections 39 and 40;

Offensive Weapons BillPage 33

(l) Schedule 1;

(m) paragraphs 1 to 6 of Schedule 2, and section 30 so far as relating to those
paragraphs.

(2) The following provisions of this Act extend to England and Wales and
5Scotland only—

(a) subsection (2) of section 20, and subsection (1) of that section so far as
relating to subsection (2) of that section;

(b) section 28;

(c) paragraphs 10 and 12 of Schedule 2, and section 30 and paragraph 9 of
10that Schedule so far as relating to paragraphs 10 and 12 of that
Schedule.

(3) The following provisions of this Act extend to England and Wales and
Northern Ireland only—

(a) section 21;

(b) 15subsections (8) to (11) and (15) of section 22, and subsection (1) of that
section so far as relating to subsections (8) to (11) and (15) of that
section;

(c) subsections (3) to (7) of section 23, and subsection (1) of that section so
far as relating to subsections (3) to (6) of that section.

(4) 20The following provisions of this Act extend to England and Wales only—

(a) sections 6 to 8;

(b) sections 11 and 12;

(c) sections 26 and 27;

(d) paragraphs 7 and 8 of Schedule 2, and section 30 so far as relating to
25those paragraphs.

(5) The following provisions of this Act extend to Scotland only—

(a) section 9;

(b) subsections (2) and (3) of section 13, and subsection (1) of that section
so far as relating to subsections (2) and (3) of that section;

(c) 30subsections (12) to (14), (17) and (18) of section 22, and subsection (1) of
that section so far as relating to subsections (12) to (14) of that section;

(d) section 23(8) and (9).

(6) The following provisions extend to Northern Ireland only—

(a) section 10;

(b) 35section 14;

(c) section 19(2);

(d) section 20(4) to (6);

(e) section 22(16);

(f) subsection (2) of section 23, and subsection (1) of that section so far as
40relating to subsection (2) of that section;

(g) section 29;

(h) paragraphs 11 and 13 of Schedule 2, and section 30 and paragraph 9 of
that Schedule so far as relating to paragraphs 11 and 13 of that
Schedule.

(7) 45Section 36 extends to—

(a) England and Wales, Scotland and Northern Ireland,

(b) the Isle of Man, and

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(c) the British overseas territories.

(8) The power under section 384(1) of the Armed Forces Act 2006 may be exercised
so as to extend to any of the Channel Islands any of the amendments of
Schedule 1 to that Act made by section 36 of this Act (with or without
5modifications).

(9) The power under section 384(2) of the Armed Forces Act 2006 may be exercised
so as to modify Schedule 1 to that Act as amended by section 36 as that section
extends to the Isle of Man or the British overseas territories.

39 Commencement

(1) 10Subject to subsections (2), (3) and (5), this Act comes into force on such day as
the Secretary of State may by regulations appoint.

(2) The following provisions come into force, so far as extending to Scotland, on
such day as the Scottish Ministers may by regulations appoint—

(a) section 13;

(b) 15 sections 15 to 18;

(c) section 19 except so far as it makes provision for the purposes of section
1(2) of the Restriction of Offensive Weapons Act 1959;

(d) section 20;

(e) sections 22 and 23.

(3) 20The following provisions come into force, so far as extending to Northern
Ireland, on such day as the Department of Justice in Northern Ireland may by
order appoint—

(a) sections 1 to 5;

(b) section 10;

(c) 25sections 14 to 18;

(d) section 19(2);

(e) sections 20 to 23;

(f) Schedule 1.

(4) Different days may be appointed under subsection (1), (2) or (3) for different
30purposes or areas.

(5) The following provisions of this Act come into force on the day on which this
Act is passed—

(a) sections 24 and 25;

(b) section 28(1);

(c) 35subsection (2) of section 28 so far as it has the effect of prohibiting—

(i) the purchase or acquisition of a weapon of a kind referred to in
that subsection, or

(ii) the manufacture, sale or transfer, or purchase or acquisition for
sale or transfer, of such a weapon;

(d) 40subsection (3) of section 28 so far as it has the effect of prohibiting—

(i) the purchase or acquisition of a device of a kind referred to in
that subsection, or

(ii) the manufacture, sale or transfer, or purchase or acquisition for
sale or transfer, of such a device;

Offensive Weapons BillPage 35

(e) subsection (4) of section 28 so far as it has the effect of prohibiting the
manufacture, sale or transfer, or purchase or acquisition for sale or
transfer, of a device of a kind referred to in that subsection;

(f) section 28(5) and (7)(a);

(g) 5section 29(1);

(h) subsection (2) of section 29 so far as it has the effect of prohibiting the
purchase or acquisition, or manufacture, sale or transfer, of a weapon
of a kind referred to in that subsection;

(i) subsection (3) of section 29 so far as it has the effect of prohibiting the
10purchase or acquisition, or manufacture, sale or transfer, of a device of
a kind referred to in that subsection;

(j) section 29(6)(a);

(k) sections 31 to 35;

(l) section 37;

(m) 15section 38;

(n) this section;

(o) section 40.

(6) The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
20this Act other than—

(a) a provision mentioned in subsection (2) so far as the provision extends
to Scotland, or

(b) a provision mentioned in subsection (3) so far as the provision extends
to Northern Ireland.

(7) 25The Scottish Ministers may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act mentioned in subsection (2) so far as the provision extends to Scotland.

(8) The Department of Justice in Northern Ireland may by order make transitional,
transitory or saving provision in connection with the coming into force of any
30provision of this Act mentioned in subsection (3) so far as the provision extends
to Northern Ireland.

40 Short title

This Act may be cited as the Offensive Weapons Act 2018.

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SCHEDULES

Section 1

SCHEDULE 1 Corrosive products

1 This is the table referred to in section 1(9)—

Name of substance and Chemical Abstracts
Registry number (CAS RN)
5Concentration limit (weight in weight)
Ammonium hydroxide (CAS RN 1336-
21-6)
10% w/w
Formic acid (CAS RN 64-18-6) 10% w/w
Hydrochloric acid (CAS RN 7647-01-0) 1010% w/w
Hydrofluoric acid (CAS RN 7664-39-3) 0% w/w
Nitric acid (CAS RN 7697-37-2) 3% w/w
Phosphoric acid (CAS RN 7664-38-2) 70% w/w
Sodium hydroxide (CAS RN 1310-73-2) 12% w/w
Sodium hypochlorite (CAS RN 7681-
52-9)
1510% w/w
Sulfuric acid (CAS RN 7664-93-9) 15% w/w

Section 30

SCHEDULE 2 Consequential amendments relating to sections 28 and 29

20Customs and Excise Management Act 1979 (c. 2)1979 (c. 2)

1 The Customs and Excise Management Act 1979 is amended as follows.

2 In section 50(5A) (penalty for improper importation of certain firearms)—

(a) in paragraph (a), after “(af)” insert “, (ag), (ah), (ba)”, and

(b) in paragraph (b), after “(e)” insert “, (ea), (eb), (fa)”.

3 25In section 68(4A) (penalty for offence in relation to exportation of certain
firearms)—

(a) in paragraph (a), after “(af)” insert “, (ag), (ah), (ba)”, and

Offensive Weapons BillPage 37

(b) in paragraph (b), after “(e)” insert “, (ea), (eb), (fa)”.

4 In section 170(4A) (penalty for customs offences relating to certain
firearms)—

(a) in paragraph (a), after “(af)” insert “, (ag), (ah), (ba)”, and

(b) 5in paragraph (b), after “(e)” insert “, (ea), (eb), (fa)”.

5 An amendment made by any of paragraphs 2(a), 3(a) and 4(a) applies only
in relation to an offence in relation to a firearm of a kind specified in section
5(1)(ag), (ah) or (ba) of the Firearms Act 1968 which is committed after the
coming into force of the amendment.

6 10An amendment made by any of paragraphs 2(b), 3(b) and 4(b) applies only
in relation to an offence in relation to a firearm of a kind specified in Article
45(1)(ea), (eb) or (fa) of the Firearms (Northern Ireland) Order 2004 (SI 2004/
702 (NI 3)) which is committed after the coming into force of the
amendment.

15Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

7 (1) Section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders
under 18 convicted of certain serious offences: power to detain for specified
period) is amended as follows.

(2) In subsection (1A)(a)(i), after “(af)” insert “, (ag), (ah), (ba)”.

(3) 20In subsection (1B)(a), after “(af)” insert “, (ag), (ah), (ba)”.

8 The amendments made by paragraph 7 apply only in relation to—

(a) an offence under section 5(1)(ag), (ah) or (ba) of the Firearms Act
1968 which is committed after the coming into force of paragraph 7,
and

(b) 25an offence under a provision listed in section 51A(1A)(b), (e) or (f) of
that Act in respect of a firearm specified in section 5(1)(ag), (ah) or
(ba) of that Act which is committed after the coming into force of
paragraph 7.

Violent Crime Reduction Act 2006 (c. 38)2006 (c. 38)

9 30The Violent Crime Reduction Act 2006 is amended as follows.

10 In section 29(3)(b) (offence in England and Wales and Scotland of using
someone to mind a weapon: penalties in cases involving certain firearms) for
“mentioned in section 5(1)(a) to (af) or (c)” substitute “specified in section
5(1)(a) to (ah) or (ba)”.

11 35In paragraph 2(3)(b) of Schedule 2 (offence in Northern Ireland of using
someone to mind a weapon: penalties in cases involving certain firearms) for
“mentioned in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), (d), (e) or (g) or (2)(a)”
substitute “specified in Article 3(1)(a) or 45(1)(a), (aa), (b), (c), (d), (e), (ea),
(eb) or (fa) or (2)(a)”.

12 40The amendment made by paragraph 10 applies only in relation to an offence
under section 28 of the Violent Crime Reduction Act 2006 which is
committed after the coming into force of paragraph 10.

Offensive Weapons BillPage 38

13 The amendment made by paragraph 11 applies only in relation to an offence
under paragraph 1 of Schedule 2 to the Violent Crime Reduction Act 2006
which is committed after the coming into force of paragraph 11.