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44 | Page 29, line 12, after “24” insert “(by itself or in combination with section 25)” |
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45 | Page 29, line 18, after “24” insert “(by itself or in combination with section 25)” |
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46 | Page 30, line 5, after “24” insert “(by itself or in combination with section 25)” |
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47 | Page 30, line 6, leave out “20th June 2018” and insert “the relevant date” |
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48 | Page 30, line 8, leave out “20th June 2018” and insert “the relevant date” |
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49 | Page 30, line 16, leave out “such” |
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50 | Page 30, line 19, at end insert— |
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| “(c) | provision enabling a person to exercise a discretion in |
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| |
| (i) | whether to make a payment in response to a claim, and |
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| (ii) | the amount of such a payment.” |
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51 | Page 30, line 19, at end insert— |
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| “(12) | In this section “the relevant date”— |
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| (a) | in relation to a weapon to which section 141 of the Criminal Justice |
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| Act 1988 is to apply by virtue of section 25(2A) or (8A) of this Act, |
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| |
| (b) | in any other case, means 20th June 2018.” |
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52 | Page 36, line 13, leave out “such” |
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53 | Page 36, line 13, at end insert— |
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| “(c) | provision enabling a person to exercise a discretion in |
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| |
| (i) | whether to make a payment in response to a claim, and |
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| (ii) | the amount of such a payment.” |
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54 | Page 36, line 45, leave out “such” |
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55 | Page 36, line 45, at end insert— |
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| “(c) | provision enabling a person to exercise a discretion in |
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| |
| (i) | whether to make a payment in response to a claim, and |
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| (ii) | the amount of such a payment.” |
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56 | Page 37, line 40, leave out “such” |
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57 | Page 37, line 40, at end insert— |
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| “(c) | provision enabling a person to exercise a discretion in |
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| (i) | whether to make a payment in response to a claim, and |
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| (ii) | the amount of such a payment.” |
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58 | Insert the following new Clause— |
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| | “Conditions applying to certain firearms: England and Wales and Scotland |
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| (1) | The Firearms Act 1968 is amended as follows. |
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| (2) | After section 27 insert— |
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| “27A | Conditions for storage etc of certain firearms |
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| (1) | This section applies to a firearm if it is a rifle from which a shot, |
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| bullet or other missile, with kinetic energy of more than 13,600 |
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| joules at the muzzle of the weapon, can be discharged. |
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| (2) | The Secretary of State must by rules under section 53 prescribe |
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| |
| (a) | subject to which a firearm certificate relating to a firearm to |
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| which this section applies must be granted or renewed, and |
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| (b) | which impose requirements as to the storage of a firearm to |
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| which this section applies and as to the security measures to |
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| be taken when such a firearm is in transit. |
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| (3) | Before making rules under section 53 which prescribe conditions of |
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| the kind mentioned in subsection (2) the Secretary of State must |
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| consult such persons likely to be affected by the rules as the |
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| Secretary of State considers appropriate.” |
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| (3) | In section 53 (rules for implementing the Act)— |
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| (a) | the existing text becomes subsection (1), and |
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| |
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| |
| | |
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| (b) | at the end of that subsection insert— |
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| “(2) | A statutory instrument containing (whether alone or with |
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| other provision) rules under this section which prescribe |
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| conditions of the kind mentioned in section 27A(2) |
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| (conditions for storage etc of certain firearms) is subject to |
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| annulment in pursuance of a resolution of either House of |
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| |
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59 | Insert the following new Clause— |
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| | “Conditions applying to certain firearms: Northern Ireland |
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| (1) | The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) is |
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| |
| (2) | In Article 6 (conditions), after paragraph (3) insert— |
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| “(3A) | Paragraphs (1) and (2) are subject to Article 6A (conditions for |
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| storage etc of certain firearms) and regulations under that Article.” |
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| (3) | After Article 6 insert— |
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| “6A | Conditions for storage etc of certain firearms |
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| (1) | This Article applies to a firearm if it is a rifle from which a shot, |
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| bullet or other missile, with kinetic energy of more than 13,600 |
|
| joules at the muzzle of the weapon, can be discharged. |
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| (2) | The Department of Justice must by regulations prescribe |
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| |
| (a) | subject to which a firearm certificate relating to a firearm to |
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| which this Article applies must be granted, and |
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| (b) | which impose requirements as to the storage of a firearm to |
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| which this Article applies and as to the security measures to |
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| be taken when such a firearm is in transit. |
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| (3) | If a firearm certificate is granted subject to conditions prescribed |
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| under paragraph (2), that certificate may not be varied so as to vary |
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| or revoke those conditions. |
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| (4) | Before making regulations under paragraph (2) the Department of |
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| Justice must consult such persons likely to be affected by the |
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| regulations as the Department considers appropriate.” |
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| (4) | In Article 11 (variation of firearm certificate), after paragraph (1) insert— |
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| “(1A) | Paragraph (1) is subject to Article 6A (conditions for storage etc of |
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| certain firearms) and regulations under that Article.”” |
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|
|
60 | Page 37, line 42, leave out from first “in” to third “in” and insert “this Part as it |
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61 | Page 38, line 1, leave out from first “in” to third “in” and insert “this Part as it |
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62 | Insert the following new Clause— |
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| | “Enforcement of offences relating to sale etc of offensive weapons |
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| (1) | A local weights and measures authority may enforce within its area a |
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| provision listed in subsection (2). |
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| (2) | The provisions mentioned in subsection (1) are— |
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| (a) | section 1(1) of the Restriction of Offensive Weapons Act 1959 |
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| (penalties for offences in connection with dangerous weapons), |
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| (b) | section 1 of the Crossbows Act 1987 (sale etc of crossbows to |
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| |
| (c) | section 141(1) of the Criminal Justice Act 1988 (offensive weapons), |
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| (d) | section 141A of that Act (sale etc of bladed articles to persons under |
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| |
| (e) | section 1 of the Knives Act 1997 (unlawful marketing of knives), |
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| (f) | section 2 of that Act (publication of unlawful marketing material |
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| |
| (g) | section 1 of this Act (sale of corrosive products to persons under 18), |
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| (h) | section 3 of this Act (delivery of corrosive products to residential |
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| |
| (i) | section 4 of this Act (delivery of corrosive products to persons |
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| |
| (j) | section 17 of this Act (delivery of bladed products to residential |
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| |
| (k) | section 20 of this Act (delivery of bladed articles to persons under |
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| |
| (3) | For the investigatory powers available to a local weights and measures |
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| authority for the purposes of enforcing a provision listed in subsection (2), |
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| see Schedule 5 to the Consumer Rights Act 2015. |
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| (4) | Nothing in this section is to be construed as authorising a local weights and |
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| measures authority to bring proceedings in Scotland for an offence. |
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| (5) | In paragraph 10 of Schedule 5 to the Consumer Rights Act 2015 (duties and |
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| powers to which Schedule 5 applies), at the appropriate place insert |
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| “section (Enforcement of offences relating to sale etc of offensive weapons) of the |
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| Offensive Weapons Act 2019.”” |
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| |
63 | Insert the following new Clause— |
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| | “Application of Regulatory Enforcement and Sanctions Act 2008 |
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| In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 |
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| (relevant enactments for the purposes of relevant functions to which Parts |
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| 1 and 2 of that Act apply) at the appropriate places insert— |
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| “Criminal Justice Act 1988, sections 141(1) and 141A”; |
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|
| |
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| |
| | |
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| “Offensive Weapons Act 2019, sections 1, 3, 4, 17 and 20”; |
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| “Restriction of Offensive Weapons Act 1959, section 1(1)”.” |
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|
64 | Insert the following new Clause— |
|
| | “Guidance on offences relating to offensive weapons etc |
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| (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 |
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| |
| (b) | section 1 of the Restriction of Offensive Weapons Act 1959 |
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| (penalties for offences in connection with dangerous weapons) as it |
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| has effect in relation to— |
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| (i) | England and Wales, or |
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| (ii) | the importation of a knife to which that section applies into |
|
| any other part of the United Kingdom, |
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| (c) | section 139 of the Criminal Justice Act 1988 (offence of having |
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| article with blade or point in public place) as it has effect in relation |
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| |
| (d) | section 139A of that Act (offence of having article with blade or |
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| point (or offensive weapon) on educational premises) as it has effect |
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| in relation to England and Wales, |
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| (e) | section 141 of that Act (offensive weapons) as it has effect in relation |
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| |
| (f) | section 141A of that Act (sale of bladed articles to persons under 18) |
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| as it has effect in relation to England and Wales, |
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| (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 |
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| products) as they have effect in relation to England and Wales or |
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| |
| (i) | section 6 of this Act (offence of having a corrosive substance in a |
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| public place) as it has effect in relation to England and Wales, or |
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| (j) | any of sections 17 to 20 of this Act (sale and delivery of knives etc) |
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| as they have effect in relation to England and Wales. |
|
| (2) | The Scottish Ministers may from time to time issue guidance about— |
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| (a) | section 1 of the Restriction of Offensive Weapons Act 1959 as it has |
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| effect in relation to Scotland and other than in relation to the |
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| importation of a knife to which that section applies, |
|
| (b) | section 141 of the Criminal Justice Act 1988 as it has effect in relation |
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| |
| (c) | section 141A of that Act as it has effect in relation to Scotland, |
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| (d) | section 141C of that Act (defence to offence under section 141A |
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| where remote sale or letting on hire: Scotland), |
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| (e) | section 6 of this Act as it has effect in relation to Scotland, or |
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| |
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| |
| | |
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| (f) | any of sections 17 to 20 of this Act as they have effect in relation to |
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| |
| (3) | The Department of Justice in Northern Ireland may from time to time issue |
|
| |
| (a) | Article 22 of the Public Order (Northern Ireland) Order 1987 (SI |
|
| 1987/463 (NI 7)) (carrying of offensive weapon in public place), |
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| (b) | section 139 of the Criminal Justice Act 1988 as it has effect in relation |
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| |
| (c) | section 139A of that Act as it has effect in relation to Northern |
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| |
| (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 |
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| 1996/3160 (NI 24)) (manufacture or sale of certain knives), |
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| (f) | Article 54 or 54A of that Order (sale of bladed articles to persons |
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| |
| (g) | any of sections 1 to 4 of this Act as they have effect in relation to |
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| |
| (h) | section 6 of this Act as it has effect in relation to Northern Ireland, or |
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| (i) | any of sections 17 to 20 of this Act as they have effect in relation to |
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| |
| (4) | A national authority who issues guidance under this section may from time |
|
| |
| (5) | Subsection (6) applies if a national authority proposes to issue guidance |
|
| |
| (a) | on a matter on which the authority has not previously issued such |
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| |
| (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 |
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| |
| (7) | A national authority must arrange for any guidance issued by the authority |
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| under this section to be published in such manner as the authority thinks |
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| |
| (8) | This section does not permit a national authority to give guidance to a court |
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| |
| (9) | In this section “national authority” means— |
|
| (a) | the Secretary of State, |
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| (b) | the Scottish Ministers, or |
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| (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; |
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|
| |
|
|
| |
| | |
|
| (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 |
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| weapon to which that section applies.” |
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|
|
65 | Page 39, line 27, after “(7)” insert “and (14A)” |
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| |
66 | Page 39, line 28, after “(7)” insert “and (14A)” |
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| |
67 | Page 39, line 30, leave out “39” and insert “38” |
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| |
68 | Page 39, line 30, at end insert— |
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| |
| |
69 | Page 39, line 30, at end insert— |
|
| “(jb) | section (Enforcement of offences relating to sale etc of offensive |
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| |
| (jc) | section (Application of Regulatory Enforcement and Sanctions Act |
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| |
| |
70 | Page 39, line 30, at end insert— |
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| (jd) | section (Guidance on offences relating to offensive weapons etc);” |
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| |
71 | Page 39, line 38, at end insert— |
|
| “(za) | section (Sale etc of bladed articles to persons under 18)(1);” |
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| |
72 | Page 39, line 45, at end insert— |
|
| “(ca) | section (Conditions applying to certain firearms: England and Wales and |
|
| |
| |
73 | Page 39, line 45, at end insert— |
|
| (cb) | section (Enforcement of offences relating to sale etc of offensive |
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| |
| |
74 | Page 40, line 11, leave out “(3)” and insert “(2A)” |
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| |
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| |
|