The Knife Dealer’s Licence (Miscellaneous) (Scotland) Order 2010

Made: 31st August 2010

Laid before the Scottish Parliament: 2nd September 2010

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by sections27A(8)(b) and 27K(7) of the Civic Government (Scotland) Act 1982[^f00001] and all other powers enabling them to do so.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Knife Dealer’s Licence (Miscellaneous) (Scotland) Order 2010.

• (2) Subject to paragraph (3) this Order comes into force on 15th September 2010.

• (3) Articles 2(3) and 3 come into force on 28thSeptember 2010.

• (4) In this Order “the Act” means the Civic Government (Scotland) Act 1982.

Exceptions for certain activities

2

• (1) The activities in this article are not to be taken to be businesses for the purposes of section 27A(4) of the Act.

• (2) The hiring, offering or exposing for hire, lending or giving of an arrow by a person (A) to another person (B) where—

• (a) A is teaching B the sport of archery; and

• (b) A is qualified to teach B that sport.

• (3) The hiring, offering or exposing for hire, lending or giving of a knife by a person (A) to another person (B) where—

• (a) A is teaching B a water sport;

• (b) A is qualified to teach B that sport; and

• (c) the purpose of such hiring, offering or exposing for hire, lending or giving of the knife by A to B is the safety of B whilst B is undertaking that sport.

• (4) The selling, hiring, offering or exposing for sale, hire, lending or giving of an arrow or a fencing sword but only where that activity is undertaken—

• (a) in connection with a recognised competition; and

• (b) within the vicinity of a recognised competition.

• (5) In this article—

• “arrow” means an arrow designed or adapted for use in the sport of archery;

• “fencing sword” means a sword used in the sport of fencing and which may be classified as a foil, epee or sabre;

• “knife” does not include a knife designed for domestic use; and

• “recognised competition” means a competition recognised by— Scottish Fencing; Scottish Archery Association; or Scottish Field Archery Association.

Amendment to the Knives etc. (Disposal of Forfeited Property) (Scotland) Order 2010

3

• (1) The Knives etc. (Disposal of Forfeited Property) (Scotland) Order 2010[^f00002] is amended as follows.

• (2) In article 4(1), omit “a recovery order is granted but”.

Signed

KENNY MACASKILL — A member of the Scottish Executive — 31st August 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order makes exceptions to the requirement for a knife dealer’s licence under section 27A of the Civic Government (Scotland) Act 1982 (“the Act”).

Article 2 specifies exceptions to the activities which are regarded as a business under section27A(4) of the Act. Article 2(2) excludes the hiring, offering or exposing for hire, lending or giving of arrows used in the sport of archery by a teacher to a pupil from the definition of a business.

Article 2 (3) excludes the hiring, offering or exposing for hire, lending or giving of a knife used in a water sport by a teacher to a pupil from the definition of a business but only where the purpose is the safety of the pupil whilst undertaking a water sport.

Article 2 (4) excludes the selling, hiring, offering or exposing for hire, lending or giving of an arrow, used in archery, or a fencing sword where these activities are carried on in connection with a competition recognised by Scottish Fencing, Scottish Archery Association or Scottish Field Archery Association and which take place in the vicinity of that competition.

Article 3 amends article 4(1) of the Knives etc. (Disposal of Forfeited Property) (Scotland) Order 2010 to remove an erroneous reference to recovery orders.

Footnotes

[^f00001]: 1982 c.45. Sections 27A and 27K were inserted by section 58 of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17).

[^f00002]: S.S.I. 2010/214.