Joint Committee on Statutory Instruments Forty-Seventh Report


Memorandum by the Home Office

FIREARMS RULES 1998 (S.I. 1998/1941)

The Committee has asked for a memorandum in relation to the above instrument on the following point:

    Condition 2 of the shot gun certificate form (set out in Part II of Schedule 2) provides that the holder of the certificate must without undue delay inform the police of the theft, loss or destruction of the certificate and/or the theft, loss, deactivation or destruction of any shot gun to which it relates. Explain the inclusion of the underlined words, given that rule 5(4)(ii) requires the certificate to be subject to the condition that the holder must give the information within 7 days of the event, and section 34(1) of the Firearms (Amendment) Act 1997 imposes the same time limit in relation to the giving of notice of the de-activation, destruction or loss of the firearm to which the certificate relates: compare condition 2 of the firearm certificate form (set out in Part II of Schedule 1) which reflects the condition in rule 3(4)(ii) and section 34 that the information must be given within 7 days.

The Home Office accept that there is a discrepancy between condition 2 of the firearm certificate form (set out in Part II of Schedule 1) and rule 5(4)(ii). Condition 2 should, as the Committee point out refer to "within 7 days" and not "without undue delay". We apologise for this discrepancy, which will be amended at the next appropriate opportunity. In the meantime all police forces have been asked to amend any shot gun certificates that they issue so that condition 2 correctly reflects rule 5(4)(ii).

30th October 1998

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