Session 2017-19
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Other Bills before Parliament


 
 

22

 
 

44

Page 29, line 12, after “24” insert “(by itself or in combination with section 25)”

 

45

Page 29, line 18, after “24” insert “(by itself or in combination with section 25)”

Clause 27

46

Page 30, line 5, after “24” insert “(by itself or in combination with section 25)”

 

47

Page 30, line 6, leave out “20th June 2018” and insert “the relevant date”

 

48

Page 30, line 8, leave out “20th June 2018” and insert “the relevant date”

 

49

Page 30, line 16, leave out “such”

 

50

Page 30, line 19, at end insert—

 

“(c)    

provision enabling a person to exercise a discretion in

 

determining—

 

(i)    

whether to make a payment in response to a claim, and

 

(ii)    

the amount of such a payment.”

 

51

Page 30, line 19, at end insert—

 

“(12)    

In this section “the relevant date”—

 

(a)    

in relation to a weapon to which section 141 of the Criminal Justice

 

Act 1988 is to apply by virtue of section 25(2A) or (8A) of this Act,

 

means 22nd January 2019;

 

(b)    

in any other case, means 20th June 2018.”

Clause 36

52

Page 36, line 13, leave out “such”

 

53

Page 36, line 13, at end insert—

 

“(c)    

provision enabling a person to exercise a discretion in

 

determining—

 

(i)    

whether to make a payment in response to a claim, and

 

(ii)    

the amount of such a payment.”

Clause 37

 

 


 
 

23

 
 

54

Page 36, line 45, leave out “such”

 

55

Page 36, line 45, at end insert—

 

“(c)    

provision enabling a person to exercise a discretion in

 

determining—

 

(i)    

whether to make a payment in response to a claim, and

 

(ii)    

the amount of such a payment.”

Clause 38

56

Page 37, line 40, leave out “such”

 

57

Page 37, line 40, at end insert—

 

“(c)    

provision enabling a person to exercise a discretion in

 

determining—

 

(i)    

whether to make a payment in response to a claim, and

 

(ii)    

the amount of such a payment.”

After Clause 38

58

Insert the following new Clause—

 

“Conditions applying to certain firearms: England and Wales and Scotland

 

(1)    

The Firearms Act 1968 is amended as follows.

 

(2)    

After section 27 insert—

 

“27A  

Conditions for storage etc of certain firearms

 

(1)    

This section applies to a firearm if it is a rifle from which a shot,

 

bullet or other missile, with kinetic energy of more than 13,600

 

joules at the muzzle of the weapon, can be discharged.

 

(2)    

The Secretary of State must by rules under section 53 prescribe

 

conditions—

 

(a)    

subject to which a firearm certificate relating to a firearm to

 

which this section applies must be granted or renewed, and

 

(b)    

which impose requirements as to the storage of a firearm to

 

which this section applies and as to the security measures to

 

be taken when such a firearm is in transit.

 

(3)    

Before making rules under section 53 which prescribe conditions of

 

the kind mentioned in subsection (2) the Secretary of State must

 

consult such persons likely to be affected by the rules as the

 

Secretary of State considers appropriate.”

 

(3)    

In section 53 (rules for implementing the Act)—

 

(a)    

the existing text becomes subsection (1), and

 
 

 


 
 

24

 
 

(b)    

at the end of that subsection insert—

 

“(2)    

A statutory instrument containing (whether alone or with

 

other provision) rules under this section which prescribe

 

conditions of the kind mentioned in section 27A(2)

 

(conditions for storage etc of certain firearms) is subject to

 

annulment in pursuance of a resolution of either House of

 

Parliament.””

 

59

Insert the following new Clause—

 

“Conditions applying to certain firearms: Northern Ireland

 

(1)    

The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) is

 

amended as follows.

 

(2)    

In Article 6 (conditions), after paragraph (3) insert—

 

“(3A)    

Paragraphs (1) and (2) are subject to Article 6A (conditions for

 

storage etc of certain firearms) and regulations under that Article.”

 

(3)    

After Article 6 insert—

 

“6A    

Conditions for storage etc of certain firearms

 

(1)    

This Article applies to a firearm if it is a rifle from which a shot,

 

bullet or other missile, with kinetic energy of more than 13,600

 

joules at the muzzle of the weapon, can be discharged.

 

(2)    

The Department of Justice must by regulations prescribe

 

conditions—

 

(a)    

subject to which a firearm certificate relating to a firearm to

 

which this Article applies must be granted, and

 

(b)    

which impose requirements as to the storage of a firearm to

 

which this Article applies and as to the security measures to

 

be taken when such a firearm is in transit.

 

(3)    

If a firearm certificate is granted subject to conditions prescribed

 

under paragraph (2), that certificate may not be varied so as to vary

 

or revoke those conditions.

 

(4)    

Before making regulations under paragraph (2) the Department of

 

Justice must consult such persons likely to be affected by the

 

regulations as the Department considers appropriate.”

 

(4)    

In Article 11 (variation of firearm certificate), after paragraph (1) insert—

 

“(1A)    

Paragraph (1) is subject to Article 6A (conditions for storage etc of

 

certain firearms) and regulations under that Article.””

Clause 39

60

Page 37, line 42, leave out from first “in” to third “in” and insert “this Part as it

 

applies”

 

 
 

 


 
 

25

61

Page 38, line 1, leave out from first “in” to third “in” and insert “this Part as it

 

applies”

After Clause 39

62

Insert the following new Clause—

 

“Enforcement of offences relating to sale etc of offensive weapons

 

(1)    

A local weights and measures authority may enforce within its area a

 

provision listed in subsection (2).

 

(2)    

The provisions mentioned in subsection (1) are—

 

(a)    

section 1(1) of the Restriction of Offensive Weapons Act 1959

 

(penalties for offences in connection with dangerous weapons),

 

(b)    

section 1 of the Crossbows Act 1987 (sale etc of crossbows to

 

persons under 18),

 

(c)    

section 141(1) of the Criminal Justice Act 1988 (offensive weapons),

 

(d)    

section 141A of that Act (sale etc of bladed articles to persons under

 

18),

 

(e)    

section 1 of the Knives Act 1997 (unlawful marketing of knives),

 

(f)    

section 2 of that Act (publication of unlawful marketing material

 

relating to knives),

 

(g)    

section 1 of this Act (sale of corrosive products to persons under 18),

 

(h)    

section 3 of this Act (delivery of corrosive products to residential

 

premises etc),

 

(i)    

section 4 of this Act (delivery of corrosive products to persons

 

under 18),

 

(j)    

section 17 of this Act (delivery of bladed products to residential

 

premises etc), and

 

(k)    

section 20 of this Act (delivery of bladed articles to persons under

 

18).

 

(3)    

For the investigatory powers available to a local weights and measures

 

authority for the purposes of enforcing a provision listed in subsection (2),

 

see Schedule 5 to the Consumer Rights Act 2015.

 

(4)    

Nothing in this section is to be construed as authorising a local weights and

 

measures authority to bring proceedings in Scotland for an offence.

 

(5)    

In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and

 

powers to which Schedule 5 applies), at the appropriate place insert

 

“section (Enforcement of offences relating to sale etc of offensive weapons) of the

 

Offensive Weapons Act 2019.””

 

63

Insert the following new Clause—

 

“Application of Regulatory Enforcement and Sanctions Act 2008

 

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008

 

(relevant enactments for the purposes of relevant functions to which Parts

 

1 and 2 of that Act apply) at the appropriate places insert—

 

“Criminal Justice Act 1988, sections 141(1) and 141A”;

 
 

 


 
 

26

 
 

“Offensive Weapons Act 2019, sections 1, 3, 4, 17 and 20”;

 

“Restriction of Offensive Weapons Act 1959, section 1(1)”.”

Before Clause 40

64

Insert the following new Clause—

 

“Guidance on offences relating to offensive weapons etc

 

(1)    

The Secretary of State may from time to time issue guidance about—

 

(a)    

section 1 of the Prevention of Crime Act 1953 (prohibition of the

 

carrying of offensive weapons without lawful authority or

 

reasonable excuse),

 

(b)    

section 1 of the Restriction of Offensive Weapons Act 1959

 

(penalties for offences in connection with dangerous weapons) as it

 

has effect in relation to—

 

(i)    

England and Wales, or

 

(ii)    

the importation of a knife to which that section applies into

 

any other part of the United Kingdom,

 

(c)    

section 139 of the Criminal Justice Act 1988 (offence of having

 

article with blade or point in public place) as it has effect in relation

 

to England and Wales,

 

(d)    

section 139A of that Act (offence of having article with blade or

 

point (or offensive weapon) on educational premises) as it has effect

 

in relation to England and Wales,

 

(e)    

section 141 of that Act (offensive weapons) as it has effect in relation

 

to England and Wales,

 

(f)    

section 141A of that Act (sale of bladed articles to persons under 18)

 

as it has effect in relation to England and Wales,

 

(g)    

section 141B of that Act (limitations on defence to offence under

 

section 141A: England and Wales),

 

(h)    

any of sections 1 to 4 of this Act (sale and delivery of corrosive

 

products) as they have effect in relation to England and Wales or

 

Scotland,

 

(i)    

section 6 of this Act (offence of having a corrosive substance in a

 

public place) as it has effect in relation to England and Wales, or

 

(j)    

any of sections 17 to 20 of this Act (sale and delivery of knives etc)

 

as they have effect in relation to England and Wales.

 

(2)    

The Scottish Ministers may from time to time issue guidance about—

 

(a)    

section 1 of the Restriction of Offensive Weapons Act 1959 as it has

 

effect in relation to Scotland and other than in relation to the

 

importation of a knife to which that section applies,

 

(b)    

section 141 of the Criminal Justice Act 1988 as it has effect in relation

 

to Scotland,

 

(c)    

section 141A of that Act as it has effect in relation to Scotland,

 

(d)    

section 141C of that Act (defence to offence under section 141A

 

where remote sale or letting on hire: Scotland),

 

(e)    

section 6 of this Act as it has effect in relation to Scotland, or

 
 

 


 
 

27

 
 

(f)    

any of sections 17 to 20 of this Act as they have effect in relation to

 

Scotland.

 

(3)    

The Department of Justice in Northern Ireland may from time to time issue

 

guidance about—

 

(a)    

Article 22 of the Public Order (Northern Ireland) Order 1987 (SI

 

1987/463 (NI 7)) (carrying of offensive weapon in public place),

 

(b)    

section 139 of the Criminal Justice Act 1988 as it has effect in relation

 

to Northern Ireland,

 

(c)    

section 139A of that Act as it has effect in relation to Northern

 

Ireland,

 

(d)    

section 141 of that Act as it has effect in relation to Northern Ireland,

 

(e)    

Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI

 

1996/3160 (NI 24)) (manufacture or sale of certain knives),

 

(f)    

Article 54 or 54A of that Order (sale of bladed articles to persons

 

under 18),

 

(g)    

any of sections 1 to 4 of this Act as they have effect in relation to

 

Northern Ireland,

 

(h)    

section 6 of this Act as it has effect in relation to Northern Ireland, or

 

(i)    

any of sections 17 to 20 of this Act as they have effect in relation to

 

Northern Ireland.

 

(4)    

A national authority who issues guidance under this section may from time

 

to time revise it.

 

(5)    

Subsection (6) applies if a national authority proposes to issue guidance

 

under this section—

 

(a)    

on a matter on which the authority has not previously issued such

 

guidance, or

 

(b)    

which the authority considers to be substantially different from

 

guidance previously issued under this section.

 

(6)    

Before the national authority issues the guidance, the authority must

 

consult such persons likely to be affected by it as the authority considers

 

appropriate.

 

(7)    

A national authority must arrange for any guidance issued by the authority

 

under this section to be published in such manner as the authority thinks

 

appropriate.

 

(8)    

This section does not permit a national authority to give guidance to a court

 

or tribunal.

 

(9)    

In this section “national authority” means—

 

(a)    

the Secretary of State,

 

(b)    

the Scottish Ministers, or

 

(c)    

the Department of Justice in Northern Ireland.

 

(10)    

Until the coming into force of the repeal of section 141(4) of the Criminal

 

Justice Act 1988 (ban on importation of weapons) by paragraph 119(2) of

 

Schedule 7 to the Policing and Crime Act 2009, this section has effect as if—

 

(a)    

subsection (1)(e) referred to section 141 of the Criminal Justice Act

 

1988 as it has effect in relation to—

 

(i)    

England and Wales, or

 

(ii)    

the importation of a weapon to which that section applies

 

into any other part of the United Kingdom;

 
 

 


 
 

28

 
 

(b)    

subsection (2)(b) referred to that section as it has effect in relation to

 

Scotland and other than in relation to the importation of a weapon

 

to which that section applies, and

 

(c)    

subsection (3)(d) referred to that section as it has effect in relation to

 

Northern Ireland and other than in relation to the importation of a

 

weapon to which that section applies.”

Clause 42

65

Page 39, line 27, after “(7)” insert “and (14A)”

 

66

Page 39, line 28, after “(7)” insert “and (14A)”

 

67

Page 39, line 30, leave out “39” and insert “38”

 

68

Page 39, line 30, at end insert—

 

“(ja)    

section 39;”

 

69

Page 39, line 30, at end insert—

 

“(jb)    

section (Enforcement of offences relating to sale etc of offensive

 

weapons)(5);

 

(jc)    

section (Application of Regulatory Enforcement and Sanctions Act

 

2008);

 

70

Page 39, line 30, at end insert—

 

(jd)    

section (Guidance on offences relating to offensive weapons etc);”

 

71

Page 39, line 38, at end insert—

 

“(za)    

section (Sale etc of bladed articles to persons under 18)(1);”

 

72

Page 39, line 45, at end insert—

 

“(ca)    

section (Conditions applying to certain firearms: England and Wales and

 

Scotland);”

 

73

Page 39, line 45, at end insert—

 

(cb)    

section (Enforcement of offences relating to sale etc of offensive

 

weapons)(1) to (4);”

 

74

Page 40, line 11, leave out “(3)” and insert “(2A)”

 

 
 

 


 
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Revised 20 March 2019