Offensive Weapons Bill (HL Bill 149)
Offensive Weapons BillPage 40
(d)
paragraphs 10 and 12 of Schedule 2, and section 34 and paragraph 9 of
that 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
5Northern Ireland only—
(a) section 13(3);
(b) section 23;
(c)
subsections (8) to (11) and (15) of section 24, and subsection (1) of that
section so far as relating to subsections (8) to (11) and (15) of that
10section;
(d)
subsections (3) to (7) of section 25, and subsection (1) of that section so
far as relating to subsections (3) to (6) of that section.
(4) The following provisions of this Act extend to England and Wales only—
(a) sections 8 to 10;
(b) 15section 13(1), (2), (4), (6) and (7);
(c) section 14;
(d) sections 28 to 31;
(e)
paragraphs 7 and 8 of Schedule 2, and section 34 so far as relating to
those paragraphs.
(5) 20The following provisions of this Act extend to Scotland only—
(a) section 5;
(b) section 7;
(c) section 11;
(d) section 13(5);
(e)
25subsections (2) and (3) of section 15, and subsection (1) of that section
so far as relating to subsections (2) and (3) of that section;
(f)
subsections (12) to (14), (17) and (18) of section 24, and subsection (1) of
that section so far as relating to subsections (12) to (14) of that section;
(6) 30The following provisions extend to Northern Ireland only—
(a) section 12;
(b) section 16;
(c) section 21(2);
(e) 35section 24(16);
(f)
subsection (2) of section 25, and subsection (1) of that section so far as
relating to subsection (2) of that section;
(g) section 33;
(h)
paragraphs 11 and 13 of Schedule 2, and section 34 and paragraph 9 of
40that Schedule so far as relating to paragraphs 11 and 13 of that
Schedule.
(7) Section 40 extends to—
(a) England and Wales, Scotland and Northern Ireland,
(b) the Isle of Man, and
(c) 45the 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
Offensive Weapons BillPage 41
Schedule 1 to that Act made by section 40 of this Act (with or without
modifications).
(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 40 as that section
5extends to the Isle of Man or the British overseas territories.
43 Commencement
(1)
Subject 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
10such day as the Scottish Ministers may by regulations appoint—
(a) section 5 to 7;
(b) section 11;
(c) section 13(5);
(d) section 15;
(e) 15 sections 17 to 20;
(f)
section 22 except so far as it makes provision in relation to an offence
under section 50(2) or (3) of the Customs and Excise Management Act
1979;
(g) sections 24 and 25.
(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 4;
(b) section 6;
(c) 25section 12;
(d) sections 16 to 20;
(e) section 21(2);
(f) section 22(5) to (7);
(g) sections 23 to 25;
(h) 30Schedule 1.
(4)
Different days may be appointed under subsection (1), (2) or (3) for different
purposes or areas.
(5)
The following provisions of this Act come into force on the day on which this
Act is passed—
(a) 35sections 26 and 27;
(b) section 32(1);
(c) subsection (2) of section 32 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)
40the manufacture, sale or transfer, or purchase or acquisition for
sale or transfer, of such a weapon;
(d) subsection (3) of section 32 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)
45the manufacture, sale or transfer, or purchase or acquisition for
sale or transfer, of such a device;
Offensive Weapons BillPage 42
(e)
subsection (4) of section 32 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 32(5) and (7)(a);
(g) 5section 33(1);
(h)
subsection (2) of section 33 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 33 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 33(6)(a);
(k) sections 35 to 39;
(l) section 41;
(m) 15section 42;
(n) this section;
(o) section 44.
(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.
44 Short title
This Act may be cited as the Offensive Weapons Act 2018.
Offensive Weapons BillPage 43
SCHEDULES
Section 1
SCHEDULE 1 Corrosive products
1 This is the table referred to in section 1(11)—
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 34
SCHEDULE 2 Consequential amendments relating to sections 32 and 33
20Customs and Excise Management Act 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), (ba)”, and
(b) in paragraph (b), after “(e)” insert “, (ea), (fa)”.
3
25In section 68(4A) (penalty for offence in relation to exportation of certain
firearms)—
(a) in paragraph (a), after “(af)” insert “, (ag), (ba)”, and
Offensive Weapons BillPage 44
(b) in paragraph (b), after “(e)” insert “, (ea), (fa)”.
4
In section 170(4A) (penalty for customs offences relating to certain
firearms)—
(a) in paragraph (a), after “(af)” insert “, (ag), (ba)”, and
(b) 5in paragraph (b), after “(e)” insert “, (ea), (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) 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) 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.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
7
(1)
15Section 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), (ba)”.
(3) In subsection (1B)(a), after “(af)” insert “, (ag), (ba)”.
8 20The amendments made by paragraph 7 apply only in relation to—
(a)
an offence under section 5(1)(ag) or (ba) of the Firearms Act 1968
which is committed after the coming into force of paragraph 7, and
(b)
an 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) or (ba) of
25that Act which is committed after the coming into force of paragraph
7.
Violent Crime Reduction Act 2006 (c. 38)
9 The Violent Crime Reduction Act 2006 is amended as follows.
10
In section 29(3)(b) (offence in England and Wales and Scotland of using
30someone 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 (ag) or (ba)”.
11
In 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
35“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) or
(fa) or (2)(a)”.
12
The amendment made by paragraph 10 applies only in relation to an offence
under section 28 of the Violent Crime Reduction Act 2006 which is
40committed after the coming into force of paragraph 10.
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.