Legalize / United Kingdom / Public General Act

Offensive Weapons Act 2019

Type Public General Act

Publication 2019-05-16

Last updated 2023-03-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(2) For the purposes of subsection (1)(b) a person (“A”) is not in the presence of another person (“B”) at any time if—

(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(3) For the purposes of subsection (1)(b) a person other than an individual is outside the United Kingdom at any time if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.

(4) The person mentioned in subsection (1)(e) commits an offence if, when they deliver the bladed article, they do not deliver it into the hands of a person aged 18 or over.

(5) It is a defence for a person charged in England and Wales or Northern Ireland with an offence under subsection (4) to prove that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(6) It is a defence for a person (“the accused”) charged in Scotland with an offence under subsection (4) to show that—

(a) the accused believed the person into whose hands the bladed article was delivered to be aged 18 or over, and

(b) either the accused had taken reasonable steps to establish the person's age or no reasonable person could have suspected from the person's appearance that the person was under the age of 18.

(7) For the purposes of subsection (6)(b), the accused is to be treated as having taken reasonable steps to establish the person's age if and only if—

(a) the accused was shown any of the documents mentioned in subsection (8), and

(b) the document would have convinced a reasonable person.

(8) Those documents are any document bearing to be—

(a) a passport,

(b) a European Union photocard driving licence, or

(9) The accused is to be taken to have shown a matter mentioned in subsection (6) if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(10) A person guilty of an offence under subsection (4) is liable—

(a) on summary conviction in England and Wales, to a fine;

(b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(11) In this section “bladed article”—

(a) in relation to England and Wales, means an article to which section 141A of the Criminal Justice Act 1988 applies (as that section has effect in relation to England and Wales);

(b) in relation to Scotland, means an article to which section 141A of the Criminal Justice Act 1988 applies (as that section has effect in relation to Scotland and disregarding subsection (3A) of that section);

(c) in relation to Northern Ireland, means an article to which Article 54 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) applies.

PART 4 — Possession etc of certain offensive weapons

Amendments to the definition of “flick knife”

43

(1) In section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons), in subsection (1), for paragraph (a) substitute—

(a) any knife which has a blade which opens automatically— (i) from the closed position to the fully opened position, or (ii) from a partially opened position to the fully opened position, by manual pressure applied to a button, spring or other device in or attached to the knife, and which is sometimes known as a “flick knife” or “flick gun”; or

(2) In Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (manufacture or sale etc of certain knives), in paragraph (1), for the first sub-paragraph (a) substitute—

(a) any knife which has a blade which opens automatically— (i) from the closed position to the fully opened position, or (ii) from a partially opened position to the fully opened position, by manual pressure applied to a button, spring or other device in or attached to the knife, and which is sometimes known as a “flick knife” or “flick gun”; or

Prohibition on the possession of certain dangerous knives

44

(1) Section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons) is amended in accordance with subsections (2) to (4).

(2) After subsection (1) insert—

(1A) Any person who possesses any knife of a kind described in subsection (1) is guilty of an offence. (1B) A person guilty of an offence under subsection (1A) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 4 on the standard scale or to both. (1C) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (1B)(a) has effect as if the reference to 51 weeks were to 6 months.

(3) In subsection (2), for “any such knife as is described in the foregoing subsection” substitute “ any knife of a kind described in subsection (1) ”.

(4) After subsection (2) insert—

(3) It is a defence for a person charged in respect of any conduct of that person relating to a knife of a kind described in subsection (1)— (a) with an offence under subsection (1), or (b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, to show that the conduct was only for the purposes of making the knife available to a museum or gallery to which this subsection applies. (4) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the knife only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery. (5) If the operator of, or a person acting on behalf of, a museum or gallery to which this subsection applies is charged with hiring or lending a knife of a kind described in subsection (1), it is a defence for them to show that they had reasonable grounds for believing that the person to whom they lent or hired it would use it only for cultural, artistic or educational purposes. (6) Subsection (3) or (5) applies to a museum or gallery only if it does not distribute profits. (7) In this section “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it. (8) A person is to be taken to have shown a matter mentioned in subsection (3), (4) or (5) if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt.

(5) Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (manufacture or sale etc of certain knives) is amended in accordance with subsections (6) and (7).

(6) The existing text becomes paragraph (1).

(7) After that paragraph insert—

(2) Any person who possesses any knife of a kind described in paragraph (1) is guilty of an offence. (3) A person guilty of an offence under paragraph (2) is liable— (a) on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both; (b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or to both. (4) It is a defence for a person charged in respect of any conduct of that person relating to a knife of a kind described in paragraph (1) with an offence under paragraph (1) to show that the conduct was only for the purposes of making the knife available to a museum or gallery to which this paragraph applies. (5) It is a defence for a person charged with an offence under paragraph (2) to show that they possessed the knife only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery. (6) If the operator of, or a person acting on behalf of, a museum or gallery to which this paragraph applies is charged with hiring or lending a knife of a kind described in paragraph (1), it is a defence for them to show that they had reasonable grounds for believing that the person to whom they lent or hired it would use it only for cultural, artistic or educational purposes. (7) Paragraph (4) or (6) applies to a museum or gallery only if it does not distribute profits. (8) In this Article “museum or gallery” includes any institution which has as its purpose, or one of its purposes, the preservation, display and interpretation of material of historical, artistic or scientific interest and gives the public access to it. (9) A person is to be taken to have shown a matter mentioned in paragraph (4), (5) or (6) if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt.

Prohibition on the possession of offensive weapons on further education premises

45

(1) Section 139A of the Criminal Justice Act 1988 (offence of having offensive weapon on school premises) is amended in accordance with subsections (2) to (7).

(2) In the heading, for “school premises” substitute “ education premises ”.

(3) In subsection (1), after “school premises” insert “ or further education premises ”.

(4) In subsection (2), after “school premises” insert “ or further education premises ”.

(5) For the subsection (5) that has effect in England and Wales and for the subsection (5) that has effect in Northern Ireland substitute—

(5) A person guilty of an offence under subsection (1) or (2) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine, or to both; (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (c) on conviction on indictment, to imprisonment for a term not exceeding 4 years or to a fine, or to both. (5ZA) In relation to an offence committed before 2 May 2022 the reference in subsection (5)(a) to 12 months is to be read as a reference to 6 months.

(6) For the subsection (6) that has effect in England and Wales and the subsection (6) that has effect in Northern Ireland substitute—

(6) In this section and section 139B “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by— (a) in relation to land in England and Wales, section 4 of the Education Act 1996; (b) in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).

(7) After subsection (6) insert—

(6A) In this section and section 139B “further education premises” means— (a) in relation to England and Wales, land used solely for the purposes of— (i) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or (ii) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy; (b) in relation to Northern Ireland, land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution.

(8) In section 139B(1) of the Criminal Justice Act 1988 (power of entry to search for offensive weapons) after “school premises” insert “ or further education premises ”.

Prohibition on the possession of offensive weapons

46

(1) Section 141 of the Criminal Justice Act 1988 (offensive weapons) is amended in accordance with subsections (2) to (16).

(2) After subsection (1) insert—

(1A) Any person who possesses a weapon to which this section applies in private is guilty of an offence and liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both; (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both; (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 12 months, to a fine not exceeding the statutory maximum or to both; (d) on conviction on indictment in Northern Ireland, to imprisonment for a term not exceeding 4 years, to a fine or to both. (1B) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003, subsection (1A)(a) has effect as if the reference to 51 weeks were to 6 months. (1C) For the purposes of subsection (1A) as it has effect in relation to England and Wales, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than— (a) a public place, (b) school premises, (c) further education premises, or (d) a prison. (1D) For the purposes of subsection (1A) as it has effect in relation to Scotland, a person possesses a weapon to which this section applies in private if the person possesses the weapon on domestic premises. (1E) For the purposes of subsection (1A) as it has effect in relation to Northern Ireland, a person possesses a weapon to which this section applies in private if the person possesses the weapon in a place other than— (a) a public place, (b) school premises, or (c) further education premises. (1F) In subsections (1C) to (1E)— - “domestic premises” means premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling); - “further education premises”, in relation to England and Wales, means land used solely for the purposes of— 1. an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or 2. a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), - “further education premises”, in relation to Northern Ireland, means land used solely for the purposes of an institution of further education within the meaning of Article 2 of the Further Education (Northern Ireland) Order 1997 (SI 1997/1772 (NI 15)) excluding any land occupied solely as a dwelling by a person employed at the institution; - “prison” includes— 1. a young offender institution, 2. a secure training centre, and 3. a secure college; - “public place” includes any place to which, at the time in question, the public have or are permitted access, whether on payment or otherwise; - “school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by— 1. in relation to land in England and Wales, section 4 of the Education Act 1996; 2. in relation to land in Northern Ireland, Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986 (SI 1986/594 (NI 3)).

(3) In subsection (5)(a), after “subsection (1)” insert “ or (1A) ”.

(4) After subsection (7) insert—

(7A) It is a defence for a person charged with an offence under subsection (1A) to show that the weapon in question is one of historical importance.

(5) After subsection (8) insert—

(8A) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only in their capacity as the operator of, or as a person acting on behalf of, a museum or gallery.

(6) In subsection (9), for “If a person acting on behalf of” substitute “ If the operator of, or a person acting on behalf of, ”.

(7) After subsection (11) insert—

(11ZA) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question for educational purposes only.

(8) In subsection (11A)(a) (as inserted by the Violent Crime Reduction Act 2006), after “subsection (1)” insert “ or (1A) ”.

(9) After subsection (11A) (as inserted by the Violent Crime Reduction Act 2006) insert—

(11AA) It is a defence for a person charged with an offence under subsection (1A) to show that they possessed the weapon in question only for one or more of the purposes specified in subsection (11B).

(10) In subsection (11C) (as inserted by the Violent Crime Reduction Act 2006), for “(8), (9) or (11A)” substitute “ (7A), (8), (8A), (9), (11ZA), (11A) or (11AA) ”.

(11) In subsection (11D) (as inserted by the Violent Crime Reduction Act 2006), in paragraph (a), after “subsection (1)” insert “ or (1A) ”.

(12) In subsection (11A) (as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007), after “subsection (1)” insert “ or (1A) ”.

(13) After subsection (11A) (as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007) insert—

(11AA) It is a defence for a person charged with an offence under subsection (1A) to show that the person possessed the weapon in question only for one or more of the purposes specified in subsection (11B).

(14) In subsection (11F) (as inserted by the Custodial Sentences and Weapons (Scotland) Act 2007), for “(8), (9) or (11A)” substitute “ (7A), (8), (8A), (9), (11ZA), (11A) or (11AA) ”.

(15) After subsection (12) insert—

(12A) An order under this section which has the effect that possession in private of a weapon of a particular description is, or is to become, an offence under subsection (1A) may make provision— (a) enabling arrangements to be made for the surrender of weapons of that description; (b) as to the procedure to be followed in relation to the surrender of such weapons; (c) for the payment of compensation in respect of weapons surrendered in accordance with the arrangements; (d) as to the requirements that must be met by a person making a claim for compensation; (e) as to the procedure to be followed in respect of a claim and for the determination of a claim; (f) enabling a person to exercise a discretion in determining whether to make a payment in response to a claim and the amount of such a payment.

(16) In subsection (14)(a) after “subsection (1)” insert “ or (1A) ”.

(17) In Article 29(1)(l) of the Magistrates' Courts (Northern Ireland) Order 1981 (SI 1981/1675 (NI 26)) after “141(1)” insert “ or (1A) ”.

(18) Subsection (19) applies if the subsections (11A) and (11B) which are inserted by section 60(1)(b) of the Custodial Sentences and Weapons (Scotland) Act 2007 into section 141 of the Criminal Justice Act 1988 are not in force when subsection (2) comes into force in relation to Scotland.

(19) Until the coming into force of those subsections (11A) and (11B), section 141 has effect in relation to Scotland as if after subsection (11) there were inserted—

(11A) Where a person is charged with an offence under subsection (1A) in respect of conduct of the person relating to a weapon to which this section applies, it is a defence to show that the person's conduct was for the purpose only of making the weapon in question available for one or more of the purposes specified in subsection (11B). (11AA) It is a defence for a person charged with an offence under subsection (1A) to show that the person possessed the weapon in question only for one or more of the purposes specified in subsection (11B). (11B) Those purposes are— (a) the purposes of theatrical performances and of rehearsals for such performances; (b) the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988); (c) the production of television programmes (as defined in section 405(1) of the Communications Act 2003).

Prohibition on the possession of offensive weapons: supplementary

47

(1) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (SI 1988/2019) is amended in accordance with subsections (2) to (9).

(2) In paragraph 1, after paragraph (r) insert—

(s) the weapon sometimes known as a “zombie knife”, “zombie killer knife” or “zombie slayer knife”, being a blade with— (i) a cutting edge; (ii) a serrated edge; and (iii) images or words (whether on the blade or handle) that suggest that it is to be used for the purpose of violence.

(3) In paragraph 1, after paragraph (s) insert—

(t) the weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with— (i) a handle, (ii) a blade with two or more cutting edges, each of which forms a helix, and (iii) a sharp point at the end of the blade.

(4) In paragraph 2, after “subsection (1)” insert “or (1A)”.

(5) In paragraph 3(a), after “section 141(1)” insert “or (1A)”.

(6) In paragraph 4—

(a) the existing text becomes sub-paragraph (1),

(b) in that sub-paragraph, in paragraph (a), after “section 141(1)” insert “or (1A)”, and

(2) It is a defence for a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 in respect of any conduct of that person relating to a weapon to which section 141 of that Act applies by virtue of paragraph 1(r) to show that the person's conduct was for the purpose only of participating in a permitted activity of a kind mentioned in sub-paragraph (1).

(7) In paragraph 5A—

(a) the existing text becomes sub-paragraph (1),

(b) in that sub-paragraph—

(i) in paragraph (a), after “section 141(1)” insert “or (1A)”, and

(ii) in the words following paragraph (b) for “in religious ceremonies” substitute “for religious reasons”, and

(2) It is a defence for a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 in respect of a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that the person possessed the weapon for religious reasons only.

(8) After paragraph 5A insert—

(5B) (1) Sub-paragraph (2) applies to— (a) a person charged with an offence under section 141(1) or (1A) of the Criminal Justice Act 1988 in respect of any conduct of the person relating to a curved sword, and (b) a person charged with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979 in respect of any conduct of the person relating to a curved sword. (2) It is a defence for the person to show that the person's conduct was for the purpose only of making the sword available for presentation by a Sikh to another person at a religious ceremony or other ceremonial event. (3) It is a defence for a person charged with an offence under section 141(1) of the Criminal Justice Act 1988 of giving a curved sword to another person to show that the person's conduct consisted of the presentation of the sword by a Sikh to another person at a religious ceremony or other ceremonial event. (4) It is a defence for a person charged with an offence under section 141(1A) of the Criminal Justice Act 1988 of possession of a curved sword in private to show that— (a) the person was a Sikh at the time the offence is alleged to have been committed and possessed the sword for the purpose only of presenting it to another person at a religious ceremony or other ceremonial event, or (b) the sword was presented to the person by a Sikh at a religious ceremony or other ceremonial event. (5) In this paragraph— - “curved sword” means a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r); - “Sikh” means a follower of the Sikh religion.

(9) In paragraph 6, for “and 5A” substitute “, 5A and 5B”.

(10) The amendments made by subsections (2) to (9) are without prejudice to any power to make an order under section 141 of the Criminal Justice Act 1988 amending or revoking the order mentioned in subsection (1).

(11) The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) (Scotland) Order 2005 (SSI 2005/483) is amended as follows.

(12) In paragraph 1, after paragraph (q) insert—

(r) the weapon sometimes known as a “cyclone knife” or “spiral knife” being a weapon with— (i) a handle, (ii) a blade with two or more cutting edges, each of which forms a helix, and (iii) a sharp point at the end of the blade.

(13) In paragraph 2, after “subsection (1)” insert “or (1A)”.

(14) The amendments made by subsections (12) and (13) are without prejudice to any power to make an order under section 141 of the Criminal Justice Act 1988 amending or revoking the order mentioned in subsection (11).

Surrender of prohibited offensive weapons

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(1) The Secretary of State may make such arrangements as the Secretary of State thinks fit to secure the orderly surrender at designated police stations in England and Wales of weapons the possession of which will become unlawful by virtue of—

(a) section 44 (by itself or in combination with section 43), or

(b) section 46 (by itself or in combination with section 47).

(2) The Scottish Ministers may make such arrangements as they think fit to secure the orderly surrender at designated police stations in Scotland of weapons the possession of which will become unlawful by virtue of—

(a) section 44 (by itself or in combination with section 43), or

(b) section 46 (by itself or in combination with section 47).

(3) The Department of Justice in Northern Ireland may make such arrangements as it thinks fit to secure the orderly surrender at designated police stations in Northern Ireland of weapons the possession of which will become unlawful by virtue of—

(a) section 44 (by itself or in combination with section 43), or

(b) section 46 (by itself or in combination with section 47).

(4) The chief officer of police for any area may designate any police station in the chief officer's area as being suitable for the receipt of—

(a) surrendered weapons, or

(b) surrendered weapons of a particular description.

(5) The Chief Constable of the Police Service of Northern Ireland may designate any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered weapons, or

(b) surrendered weapons of a particular description.

Payments in respect of surrendered offensive weapons

49

(1) Subsection (2) applies if the Secretary of State makes arrangements for the surrender of weapons under section 48(1).

(2) The Secretary of State must by regulations provide for payments to be made in respect of weapons which are surrendered in accordance with the arrangements.

(3) Subsection (4) applies if the Scottish Ministers make arrangements for the surrender of weapons under section 48(2).

(4) The Scottish Ministers must by regulations provide for payments to be made in respect of weapons which are surrendered in accordance with the arrangements.

(5) Subsection (6) applies if the Department of Justice in Northern Ireland makes arrangements for the surrender of weapons under section 48(3).

(6) The Department of Justice in Northern Ireland must by regulations provide for payments to be made in respect of weapons which are surrendered in accordance with the arrangements.

(7) Regulations under subsection (2), (4) or (6) must provide that a payment may only be made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(8) Condition A is that possession of the weapon to which the claim relates will become unlawful by virtue of section 44 (by itself or in combination with section 43) or section 46 (by itself or in combination with section 47).

(9) Condition B is that the person making the claim owned the weapon on the relevant date.

(10) Condition C is that on or before the relevant date the person making the claim had contracted to acquire the weapon.

(11) The provision that may be made by regulations under subsection (2), (4) or (6) includes—

(a) other provision restricting eligibility for receipt of payments, including provision restricting eligibility to claims made in respect of weapons surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed in respect of claims and for the determination of claims (including any time within which claims must be made, any evidence and other information to be provided in support of a claim and the burden of proof in relation to a claim);

(i) whether to make a payment in response to a claim, and

(ii) the amount of such a payment.

(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 47(3) or (12) of this Act, means 22nd January 2019;

(b) in any other case, means 20th June 2018.

PART 5 — Threatening with offensive weapons

Offence of threatening with offensive weapon etc in a public place etc

50

(1) Section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public) is amended in accordance with subsections (2) and (3).

(2) In subsection (1)—

(a) in paragraph (b), after “person” insert “ (“A”) ”, and

(b) in paragraph (c), for the words from “there” to the end of the paragraph substitute “ a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B. ”

(3) Omit subsection (2).

(4) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended in accordance with subsections (5) and (6).

(5) In subsection (1)—

(a) in paragraph (b), after “person” insert “ (“A”) ”, and

(b) in paragraph (c), for the words from “there” to the end of the paragraph substitute “ a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B. ”

(6) Omit subsection (4).

Offence of threatening with offensive weapon etc on further education premises

51

(1) Section 139AA of the Criminal Justice Act 1988 (offence of threatening with article with blade or point or offensive weapon) is amended as follows.

(2) After subsection (1) insert—

(1A) A person is guilty of an offence if that person— (a) has an article to which this section applies with them on further education premises, (b) unlawfully and intentionally threatens another person (“A”) with the article, and (c) does so in such a way that a reasonable person (“B”) who was exposed to the same threat as A would think that there was an immediate risk of physical harm to B.

(3) After subsection (3) insert—

(3A) In relation to further education premises this section applies to each of these— (a) an article to which section 139 applies; (b) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953.

(4) In subsection (5)—

(a) at the appropriate place insert—

“further education premises” means land used solely for the purposes of— (a) an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), or (b) a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010), excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

;

(b) for the definition of “school premises” substitute—

“school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.

Offence of threatening with an offensive weapon etc in a private place

52

(1) A person (“A”) commits an offence if—

(a) while A is in a private place, A unlawfully and intentionally threatens another person (“B”) with an article or substance to which this subsection applies, and

(b) A does so in such a way that there is an immediate risk of serious physical harm to B.

(2) Subsection (1) applies to an article or substance if it is—

(a) an offensive weapon within the meaning of section 1 of the Prevention of Crime Act 1953,

(b) an article to which section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) applies, or

(3) In the application of subsection (1) to an article within subsection (2)(a) or (b), “private place” means a place other than—

(a) a public place,

(b) a place which is part of school premises, or

(4) In the application of subsection (1) to a corrosive substance, “private place” means a place other than a public place.

(5) For the purposes of subsection (1) physical harm is serious if it amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861.

(6) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine or to both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 4 years, to a fine or to both.

(7) In relation to an offence committed before 2 May 2022, the reference in subsection (6)(a) to the general limit in a magistrates’ court is to be read as a reference to 6 months.

(8) In this section and section 53—

“corrosive substance” means a substance that is capable of burning human skin by corrosion;

“further education premises” means land used solely for the purposes of—an institution within the further education sector (within the meaning of section 91 of the Further and Higher Education Act 1992), ora 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),excluding any land occupied solely as a dwelling by a person employed at the institution or the 16 to 19 Academy;

“public place” includes any place to which, at the time in question, the public have or are permitted to have access, whether on payment or otherwise;

“school premises” means land used for the purposes of a school, excluding any land occupied solely as a dwelling by a person employed at the school; and “school” has the meaning given by section 4 of the Education Act 1996.

Search for corrosive substance on school or further education premises

53

(1) This section applies if a constable has reasonable grounds for suspecting that an offence under section 52, as that section applies to corrosive substances, is being or has been committed on school premises or further education premises.

(2) The constable may enter and search the premises and any person on them for a corrosive substance.

(3) If in the course of a search under this section a constable discovers a substance which the constable has reasonable grounds for suspecting to be a corrosive substance, the constable may seize and retain it.

(4) The constable may use reasonable force, if necessary, in the exercise of the power of entry conferred by this section.

PART 6 — Firearms

Prohibition of certain firearms etc: England and Wales and Scotland

54

(1) The Firearms Act 1968 is amended as follows.

(2) In section 5 (weapons subject to general prohibition), in subsection (1), after paragraph (af) insert—

(ag) any rifle with a chamber from which empty cartridge cases are extracted using— (i) energy from propellant gas, or (ii) energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22 rim-fire cartridges;

(3) In section 5(1), for the “and” at the end of paragraph (b) substitute—

(ba) any device (commonly known as a bump stock) which is designed or adapted so that— (i) it is capable of forming part of or being added to a self-loading lethal barrelled weapon (as defined in section 57(1B) and (2A)), and (ii) if it forms part of or is added to such a weapon, it increases the rate of fire of the weapon by using the recoil from the weapon to generate repeated pressure on the trigger; and

(4) In section 5(2), after “including,” insert “ in the case of weapons, any devices falling within subsection (1)(ba) of this section and, ”.

(5) In section 5(2A)(a), after “weapon” insert “ , device ”.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In Schedule 6 (prosecution and punishment of offences) in Part 1 (table of punishments)—

(a) in the entry for section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c), in the first column, after “(af)” insert “ , (ag), (ba) ”,

(b) in the entry for section 19, in the third column, for “or (af)” substitute “ , (af), (ag) or (ba) ”, and

(8) The amendments made by subsection (6) 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 subsection (6), and

(b) an offence under a provision listed in section 51A(1A) of that Act in respect of a firearm specified in section 5(1)(ag) or (ba) of that Act which is committed after the coming into force of subsection (6).

Prohibition of certain firearms etc: Northern Ireland

55

(1) The Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) is amended as follows.

(2) In Article 45 (weapons subject to general prohibition), in paragraph (1), after sub-paragraph (e) insert—

(ea) any rifle with a chamber from which empty cartridge cases are extracted using— (i) energy from propellant gas, or (ii) energy imparted to a spring or other energy storage device by propellant gas, other than a rifle which is chambered for .22 rimfire cartridges;

(3) In Article 45(1), for the “and” at the end of sub-paragraph (f) substitute—

(fa) any device (commonly known as a bump stock) which is designed or adapted so that— (i) it is capable of forming part of or being added to a self-loading firearm, and (ii) if it forms part of or is added to such a firearm, it increases the rate of fire of the firearm by using the recoil from the firearm to generate repeated pressure on the trigger; and”

(4) In Article 2(2) (interpretation), in the definition of “prohibited weapon” and “prohibited ammunition”, after “including,” insert “ in the case of weapons, any devices falling within paragraph (1)(fa) of that Article and, ”.

(5) In Article 70(1)(a) (minimum sentence for certain offences), in each of heads (ii) and (iv), after “(e)” insert “ , (ea), (fa) ”.

(6) In Schedule 5 (table of punishments)—

(a) in the entry for Article 45(1)(a), (aa), (b), (c), (d), (e) and (g), in the first column, after “(e)” insert “ , (ea), (fa) ”,

(b) in the entry for Article 61(1), in the third column, for “or (e)” substitute “ , (e), (ea) or (fa) ”, and

(7) The amendments made by subsection (5) apply only in relation to—

(a) an offence under 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 subsection (5), and

(b) an offence under a provision listed in Article 70(1A) of that Order in respect of a firearm specified in Article 45(1)(ea) or (fa) of that Order which is committed after the coming into force of subsection (5).

Consequential amendments relating to sections 54 and 55

56

Schedule 2 contains consequential amendments relating to sections 54 and 55.

Surrender of prohibited firearms etc

57

(1) The Secretary of State may make such arrangements as the Secretary of State thinks fit to secure—

(a) the orderly surrender at designated police stations of firearms the possession of which will become unlawful by virtue of section 54 or 55;

(b) the orderly surrender at designated police stations or other places of ancillary equipment.

(2) The chief officer of police for any area may designate any police station in the chief officer's area as being suitable for the receipt of—

(a) surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular description.

(3) The Chief Constable of the Police Service of Northern Ireland may designate any police station in Northern Ireland as being suitable for the receipt of—

(a) surrendered firearms or ancillary equipment, or

(b) surrendered firearms or ancillary equipment of a particular description.

(4) In this section “ancillary equipment” has the meaning given by section 60(2).

Payments in respect of surrendered firearms other than bump stocks

58

(1) This section applies to firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968 by section 54(2), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) by section 55(2).

(2) This section applies if the Secretary of State makes arrangements under section 57 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in respect of such firearms which are surrendered in accordance with the arrangements.

(4) Regulations under subsection (3) must provide that a payment may only be made to a person making a claim which meets—

(a) condition A, and

(b) condition B or C.

(5) Condition A is that possession of the firearm to which the claim relates will become unlawful by virtue of section 54 or 55.

(6) Condition B is that the person making the claim had and was entitled to have the firearm in their possession on or immediately before 20th June 2018 by virtue of a firearm certificate held by them or by virtue of being a registered firearms dealer.

(7) Condition C is that—

(a) on or before 20th June 2018 the person making the claim had contracted to acquire the firearm, and

(b) that person was entitled to have the firearm in their possession after that date by virtue of a firearm certificate held by them or by virtue of being a registered firearms dealer.

(8) The provision that may be made by regulations under subsection (3) includes—

(a) other provision restricting eligibility for receipt of payments, including provision restricting eligibility to claims made in respect of firearms surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims and for the determination of claims;

(i) whether to make a payment in response to a claim, and

(ii) the amount of such a payment.

Payments in respect of prohibited firearms which are bump stocks

59

(1) This section applies to firearms of the kind referred to in—

(a) the paragraph to be inserted into section 5(1) of the Firearms Act 1968 by section 54(3), or

(b) the sub-paragraph to be inserted into Article 45(1) of the Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) by section 55(3).

(2) This section applies if the Secretary of State makes arrangements under section 57 for the surrender of firearms to which this section applies.

(3) The Secretary of State must by regulations provide for payments to be made in respect of such firearms which are surrendered in accordance with the arrangements.

(4) Regulations under subsection (3) must provide that a payment may only be made to a person making a claim which meets—

(a) condition A,

(b) condition B or C, and

(5) Condition A is that possession of the firearm to which the claim relates will become unlawful by virtue of section 54 or 55.

(6) Condition B is that the person making the claim had the firearm in their possession on or immediately before 20th June 2018.

(7) Condition C is that on or before 20th June 2018 the person making the claim had contracted to acquire the firearm.

(8) Condition D is that the person making the claim did not import the firearm into the United Kingdom on or after 4th December 2017.

(9) The provision that may be made by regulations under subsection (3) includes—

(a) other provision restricting eligibility for receipt of payments, including provision restricting eligibility to claims made in respect of firearms surrendered within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims and for the determination of claims;

(i) whether to make a payment in response to a claim, and

(ii) the amount of such a payment.

Payments in respect of ancillary equipment

60

(1) The Secretary of State may by regulations provide for payments to be made in respect of ancillary equipment of any description specified in the regulations.

(2) In subsection (1) “ancillary equipment” means equipment, other than prohibited ammunition, which—

(a) is designed or adapted for use in connection with firearms prohibited by virtue of section 54 or 55, and

(b) has no practicable use in connection with any firearm which is not a prohibited weapon.

(3) Regulations under subsection (1) must provide that a payment may only be made to a person making a claim which meets—

(a) condition A, and

(b) where the claim is made in respect of ancillary equipment which is ammunition, condition B.

(4) Condition A is that the person making the claim had the ancillary equipment to which the claim relates in their possession—

(a) on or immediately before 20th June 2018, or

(b) after that date because they purchased it by virtue of a contract entered into on or before that date.

(5) Condition B is that the possession of the ammunition by the person making the claim was, at all material times, lawful by virtue of a firearm certificate held by them or by virtue of being a registered firearms dealer.

(6) Regulations under subsection (1) may require, as a condition of eligibility for receipt of payments in respect of any equipment—

(a) the surrender (whether to the police or any other person) of that equipment in accordance with the regulations within a period specified in the regulations,

(b) the disposal of that equipment by way of sale within a period so specified, or

(7) The provision that may be made by regulations under subsection (1) includes—

(a) other provision restricting eligibility for receipt of payments, including provision restricting eligibility to claims made in respect of ancillary equipment surrendered or disposed of within a period specified in the regulations;

(b) provision about the procedure to be followed (including any time within which claims must be made and the provision of information) in respect of claims and for the determination of claims;

(i) whether to make a payment in response to a claim, and

(ii) the amount of such a payment.

Conditions applying to certain firearms: England and Wales and Scotland

61

(1) The Firearms Act 1968 is amended as follows.

(2) After section 27 insert—

(27A) (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

(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.

Conditions applying to certain firearms: Northern Ireland

62

(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) (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.

Interpretation of Part

63

(1) Any expression used in this Part as it applies in relation to England and Wales and Scotland and which is defined in the Firearms Act 1968 has the same meaning as in that Act.

(2) Any expression used in this Part as it applies in relation to Northern Ireland and which is defined in the Firearms (Northern Ireland) Order 2004 (SI 2004/702 (NI 3)) has the same meaning as in that Order.

PART 7 — Enforcement

Enforcement of offences relating to sale etc of offensive weapons

64

(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),

(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 38 of this Act (delivery of bladed products to residential premises etc),

(k) section 39 of this Act (delivery of bladed products to persons under 18), and

(l) section 42 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 64 of the Offensive Weapons Act 2019. ”

Application of Regulatory Enforcement and Sanctions Act 2008

65

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 ”; “ Offensive Weapons Act 2019, sections 1, 3, 4, 38, 39 and 42 ”; “ Restriction of Offensive Weapons Act 1959, section 1(1) ”.

PART 8 — Supplementary

Guidance on offences relating to offensive weapons etc

66

(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 38 to 42 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,

(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

(f) any of sections 38 to 42 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,

(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 38 to 42 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

(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;

(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.

Consequential amendments relating to armed forces

67

(1) Part 2 of Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences that may be dealt with at a summary hearing only with permission) is amended as follows.

(2) After paragraph 14 insert—

(14A) An offence under section 1(1A) of the Restriction of Offensive Weapons Act 1959 (possession of flick knife, flick gun or gravity knife).

(3) After paragraph 16 insert—

(16A) An offence under section 141(1A) of the Criminal Justice Act 1988 (possession of certain offensive weapons).

(4) After paragraph 20 insert—

(21) An offence under section 1(1) of the Offensive Weapons Act 2019 (sale of corrosive product to person under 18). (22) An offence under section 3(2) or (3) of the Offensive Weapons Act 2019 (delivery of corrosive product to residential premises or locker). (23) An offence under section 6(1) of the Offensive Weapons Act 2019 (possession of a corrosive substance in a public place). (24) An offence under section 38(2) or (3) of the Offensive Weapons Act 2019 (delivery of bladed product to residential premises or locker).

Regulations and orders

68

(1) Any power or duty of the Secretary of State to make regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument containing regulations under this Act made by the Secretary of State may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(3) An order made by the Scottish Ministers under section 1(5)(c), 4(8)(c), 40(10)(c) or 42(8)(c) is subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(4) Regulations made by the Scottish Ministers under section 40(13) or 49(4) are subject to the affirmative procedure (see section 29 of the Interpretation and Legislative Reform (Scotland) Act 2010).

(5) Any power or duty of the Department of Justice in Northern Ireland to make regulations or an order under this Act is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (and not by statutory instrument).

(6) No regulations may be made by the Department of Justice under this Act unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(7) Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of subsection (6) in relation to the laying of a draft as it applies in relation to the laying of a statutory document under an enactment.

(8) Regulations or an order under this Act—

(a) may make different provision for different cases;

(b) may make transitional, transitory or saving provision;

(9) Subsections (2) and (8) do not apply to regulations or an order under section 70.

Extent

69

(1) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

(a) sections 1 to 4;

(b) section 6;

(c) subsection (4) of section 36, and subsection (1) of that section so far as relating to subsection (4) of that section;

(d) sections 38 to 42;

(e) section 43(1);

(f) subsection (3) of section 44, and subsection (1) of that section so far as relating to subsection (3) of that section;

(g) subsection (4) of section 44, 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, and subsection (1) of that section so far as relating to that provision made by subsection (4);

(h) subsections (2) to (7) and (15) of section 46, and subsection (1) of that section so far as relating to subsections (2) to (7) and (15) of that section;

(i) sections 48 and 49;

(j) sections 57 to 60;

(k) section 63;

(l) section 64(5);

(m) section 65;

(n) section 66;

(o) section 68;

(p) this section;

(q) sections 70 and 71;

(r) Schedule 1;

(s) paragraphs 1 to 6 of Schedule 2, and section 56 so far as relating to those paragraphs.

(2) The following provisions of this Act extend to England and Wales and Scotland only—

(a) section 34(1);

(b) subsection (2) of section 44, and subsection (1) of that section so far as relating to subsection (2) of that section;

(c) subsection (4) of section 44, so far as it makes provision in relation to an offence under section 1(1) or (1A) of the Restriction of Offensive Weapons Act 1959, and subsection (1) of that section so far as relating to that provision made by subsection (4);

(d) section 54;

(e) section 61;

(f) section 64(1) to (4);

(g) paragraphs 10 and 12 of Schedule 2, and section 56 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 Northern Ireland only—

(a) section 13(3);

(b) section 45;

(c) subsections (8) to (11) and (16) of section 46, and subsection (1) of that section so far as relating to subsections (8) to (11) and (16) of that section;

(d) subsections (3) to (10) of section 47, and subsection (1) of that section so far as relating to subsections (3) to (9) of that section.

(4) The following provisions of this Act extend to England and Wales only—

(a) sections 8 to 10;

(b) section 13(1), (2), (4), (6) and (7);

(d) section 35;

(e) Part 5;

(f) paragraphs 7 and 8 of Schedule 2, and section 56 so far as relating to those paragraphs.

(5) The following provisions of this Act extend to Scotland only—

(a) section 5;

(b) section 7;

(d) section 13(5);

(e) subsections (2) and (3) of section 36, and subsection (1) of that section so far as relating to subsections (2) and (3) of that section;

(f) subsections (12) to (14), (18) and (19) of section 46, and subsection (1) of that section so far as relating to subsections (12) to (14) of that section;

(g) section 47(11) to (14).

(6) The following provisions extend to Northern Ireland only—

(a) section 12;

(b) section 34(2);

(d) section 43(2);

(e) section 44(5) to (7);

(f) section 46(17);

(g) subsection (2) of section 47, and subsection (1) of that section so far as relating to subsection (2) of that section;

(h) section 55;

(i) section 62;

(j) paragraphs 11 and 13 of Schedule 2, and section 56 and paragraph 9 of that Schedule so far as relating to paragraphs 11 and 13 of that Schedule.

(7) Section 67 extends to—

(a) England and Wales, Scotland and Northern Ireland,

(b) the Isle of Man, and

(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 Schedule 1 to that Act made by section 67 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 67 as that section extends to the Isle of Man or the British overseas territories.

Commencement

70

(1) Subject to section 31 and 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 such day as the Scottish Ministers may by regulations appoint—

(a) sections 5 to 7;

(b) section 11;

(d) section 34(1);

(e) section 36;

(f) sections 38 to 42;

(g) section 44 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;

(h) sections 46 and 47;

(i) section 66 so far as it confers functions on the Scottish Ministers.

(3) The 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;

(d) section 34(2);

(e) sections 37 to 42;

(f) section 43(2);

(g) section 44(5) to (7);

(h) sections 45 and 46;

(i) section 47 except so far as it makes provision in relation to a defence for a person charged with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979;

(j) sections 48 and 49 so far as they confer functions on the Department of Justice in Northern Ireland or the Chief Constable of the Police Service of Northern Ireland;

(k) section 62;

(l) section 66 so far as it confers functions on the Department of Justice in Northern Ireland;

(m) Schedule 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) sections 30 and 31;

(b) sections 48 and 49 except so far as they confer functions on the Department of Justice in Northern Ireland or the Chief Constable of the Police Service of Northern Ireland;

(d) subsection (2) of section 54 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) the manufacture, sale or transfer, or purchase or acquisition for sale or transfer, of such a weapon;

(e) subsection (3) of section 54 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) the manufacture, sale or transfer, or purchase or acquisition for sale or transfer, of such a device;

(f) subsection (4) of section 54 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;

(g) section 54(5) and (7)(a);

(h) section 55(1);

(i) subsection (2) of section 55 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;

(j) subsection (3) of section 55 so far as it has the effect of prohibiting the purchase or acquisition, or manufacture, sale or transfer, of a device of a kind referred to in that subsection;

(k) section 55(6)(a);

(l) sections 57 to 61;

(m) section 63;

(n) section 68;

(o) section 69;

(p) this section;

(q) section 71.

(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 this 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) The 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 provision of this Act mentioned in subsection (3) so far as the provision extends to Northern Ireland.

Short title

71

This Act may be cited as the Offensive Weapons Act 2019.

SCHEDULE 1

1

This is the table referred to in section 1(11)—

SCHEDULE 2

Customs 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

In section 68(4A) (penalty for offence in relation to exportation of certain firearms)—

(a) in paragraph (a), after “(af)” insert “ , (ag), (ba) ”, and

(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) in 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

An 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Violent Crime Reduction Act 2006 (c. 38)

9

The Violent Crime Reduction Act 2006 is amended as follows.

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 “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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Defence to remote sale of corrosive products to persons under 18

Search for corrosive substances: Northern Ireland

Knife crime prevention order made otherwise than on conviction

Defence to sale of bladed articles to persons under 18: England and Wales

Defence to sale etc of bladed articles to persons under 18: Scotland

Defence to sale of bladed articles to persons under 18: Northern Ireland

Delivery of bladed products to persons under 18

Prohibition on the possession of certain dangerous knives

Prohibition on the possession of offensive weapons

Offence of threatening with offensive weapon etc on further education premises

Offence of threatening with an offensive weapon etc in a private place

Consequential amendments relating to sections 54 and 55

Application of Regulatory Enforcement and Sanctions Act 2008

Prohibition of certain firearms etc: Northern Ireland

Surrender of prohibited firearms etc

Application of Regulatory Enforcement and Sanctions Act 2008

Consequential amendments relating to armed forces

Customs and Excise Management Act 1979 (c. 2)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Violent Crime Reduction Act 2006 (c. 38)

Editorial notes

[^c23819721]: S. 48 in force for specified purposes at Royal Assent, see s. 70(5)(b)

[^c23819731]: S. 49 in force for specified purposes at Royal Assent, see s. 70(5)(b)

[^c23819741]: S. 54(1)(5)(7)(a) in force at Royal Assent, s. 54(2)-(4) in force for specified purposes at Royal Assent, see. s. 70(5)(c)(d)-(f)

[^c23819751]: S. 55(1)(6)(a) in force at Royal Assent, s. 55(2)(3) in force for specified purposes at Royal Assent, see. s. 70(5)(h)(i)(j)(k)

[^key-73c98674dd67b2ac1f69d3f2f6c54103]: Sch. 2 para. 7 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-6a81221c91a92d1e86d022eafcc03e5a]: Sch. 2 para. 8 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-252416579e5ab007407d0d7cf5772085]: Sch. 2 para. 10 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-916a54958de640ba67a09900d81a8da5]: Sch. 2 para. 12 modified (1.12.2020 immediately before the consolidation date (see 2020 c. 9, ss. 3, 5(2)(3) and 2020 c. 17, ss. 2, 416)) by Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9), ss. 1, 5(2)(3); S.I. 2012/1236, reg. 2

[^key-cf24981531e86fcc5e41bff57f7794d9]: S. 8 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-c52433eddf1e96874766ccad48a1b940]: S. 9 repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-2272bafc8851e360106b607dd2b06a11]: S. 13(1) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-6cd481051c713c52b2b5406cc94b61c9]: S. 13(4) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-de69e68a4bb7b73a04d5882f4d7d575f]: S. 13(6)(7) repealed (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 28 (with ss. 413(4)(5), 416(7), Sch. 27); S.I. 2020/1236, reg. 2

[^key-d87dc713298adbb268b60090178595c0]: Words in s. 23(10) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 300 (with Sch. 27); S.I. 2020/1236, reg. 2

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