The Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021

Made: 9th March 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 183(1), (9) and (13) of the Policing and Crime Act 2017 .

Citation, interpretation and extent

1

• (1) These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021.

• (2) In these Regulations—

• “the 1968 Act” means the Firearms Act 1968 ;

• “the 1988 Act” means the Firearms (Amendment) Act 1988 ;

• “the commencement date” means 22nd March 2021;

• “the transitional period” means—in relation to vintage rifles, punt guns or shot guns with a bore greater than 10, the period of ten months beginning with the commencement date;in all other cases, the period of six months beginning with the commencement date.

• (3) These Regulations extend to England and Wales and Scotland.

Commencement of section 126 of the Policing and Crime Act 2017

2

Section 126 of the Policing and Crime Act 2017 (Firearms Act 1968: meaning of “antique firearm”) comes into force, insofar as it is not already in force, on the commencement date.

Transitional provision in respect of possession of former antique firearms

3

• (1) Paragraphs (2) to (4) apply where—

• (a) immediately before the commencement date a person possesses a firearm that is an antique firearm for the purpose of section 58(2) of the 1968 Act , and

• (b) in consequence of the coming into force of section 126 of the Policing and Crime Act 2017, the firearm ceases to be an antique firearm for those purposes.

• (2) Section 1(1)(a) of the 1968 Act does not apply in relation to the possession of the firearm—

• (a) by the person where—

• (i) the person has applied before the end of the transitional period for a firearm certificate under section 26A of the 1968 Act or to vary such a certificate under section 29 of the 1968 Act , and

• (ii) either that application is still being processed or any appeal in respect of it has not been determined;

• (b) by the persons responsible for the management of a museum and their servants, where—

• (i) in respect of that museum an application has been made before the end of the transitional period for a museum firearms licence or to vary such a licence under the Schedule to the 1988 Act , and

• (ii) that application is still being processed;

• (c) by the person or their servants where—

• (i) the person has applied before the end of the transitional period to register as a firearms dealer under section 33 of the 1968 Act , and

• (ii) either that application is still being processed or any appeal in respect of it has not been determined.

• (3) Section 2(1) of the 1968 Act does not apply in relation to the possession of the firearm—

• (a) by the person where—

• (i) the person has applied before the end of the transitional period for a shot gun certificate under section 26B of the 1968 Act , and

• (ii) either that application is still being processed or any appeal in respect of it has not been determined;

• (b) by the persons responsible for the management of a museum and their servants where—

• (i) in respect of that museum an application has been made before the end of the transitional period for a museum firearms licence or to vary such a licence under the Schedule to the 1988 Act, and

• (ii) that application is still being processed;

• (c) by the person or their servants where—

• (i) the person has applied before the end of the transitional period to register as a firearms dealer under the 1968 Act, and

• (ii) either that application is still being processed or any appeal in respect of it has not been determined.

• (4) Section 5(1), (1A) and (2A)(c) of the 1968 Act does not apply in relation to the possession of the firearm by the person where the person—

• (a) carries on a business as a firearms dealer and possesses the firearm for the purposes of the business, and

• (b) has applied for authorisation of the Secretary of State or the Scottish Ministers in accordance with section 5 of the 1968 Act before the end of the transitional period and that application is still being processed.

Transitional provision in respect of transfer of former antique firearms

4

• (1) Paragraphs (3) to (8) apply where—

• (a) immediately before the commencement date a person possesses a firearm that is an antique firearm for the purpose of section 58(2) of the 1968 Act;

• (b) in consequence of the coming into force of section 126 of the Policing and Crime Act 2017, the firearm ceases to be an antique firearm for those purposes, and

• (c) the person (“the transferor”) sells or transfers the firearm to another person (“the transferee”) during the transitional period.

• (2) Where the transferee in paragraph 1(c) (“A”) sells or transfers the firearm to another person (“B”) during the transitional period, paragraphs (3) to (8) apply in respect of that transfer as if A were the transferor and B were the transferee unless A carries on a business as a firearms dealer and the sale or transfer is for the purposes of the business.

• (3) Sections 1(1)(a), 2(1), 3(1)(b), 5(1) and (2A)(c) of the 1968 Act do not apply in relation to the possession of the firearm—

• (a) by the transferor;

• (b) by the persons responsible for the museum's management or their servants, where the transferor is a museum to which the Schedule to the 1988 Act applies, or

• (c) by the servants of the transferor, where the transferor carries on the business of a firearms dealer and is registered as such under the 1968 Act.

• (4) Sections 3(1)(a), (b) and (2), and 5(2A)(b) of the 1968 Act do not apply in relation to the sale or transfer of the firearm—

• (a) by the transferor;

• (b) by the persons responsible for the museum's management or their servants, where the transferor is a museum to which the Schedule to the 1988 Act applies, or

• (c) by the servants of the transferor, where the transferor carries on the business of a firearms dealer and is registered as such under the 1968 Act.

• (5) Section 5 of the 1968 Act does not apply in relation to the possession, purchase or acquisition of the firearm by the transferee unless—

• (a) the transferee carries on a business as a firearms dealer, and

• (b) the firearm is in his or her possession or is purchased or acquired for the purposes of the business.

• (6) Section 1(1)(a) of the 1968 Act does not apply in relation to the possession, purchase or acquisition of the firearm—

• (a) by the transferee, where—

• (i) the transferee has applied before the end of the transitional period for a firearm certificate in relation to the possession of the firearm under section 26A of the 1968 Act or to vary such a certificate under section 29 of the 1968 Act, and

• (ii) either that application is still being processed or any appeal in respect of it has not been determined, or

• (b) by the persons responsible for the management of a museum and their servants where—

• (i) an application has been made in respect of that museum before the end of the transitional period for a museums firearms licence or to vary such a licence under the Schedule to the 1988 Act, and

• (ii) that application is still being processed.

• (7) Section 2(1) of the 1968 Act does not apply in relation to the possession, purchase or acquisition of the firearm—

• (a) by the transferee, where—

• (i) the transferee has applied before the end of the transitional period for a shot gun certificate in relation to the possession of the shot gun under section 26B of the 1968 Act, and

• (ii) either that application is still being processed or any appeal in respect of it has not been determined, or

• (b) by the persons responsible for the management of a museum and their servants, where—

• (i) an application has been made in respect of that museum before the end of the transitional period for a museum firearms licence or to vary such a licence under the Schedule to the 1988 Act, and

• (ii) that application is still being processed.

• (8) Where the transferee makes an application during the transitional period for a firearm certificate under section 26A of the 1968 Act or to vary such a certificate under section 29 of the 1968 Act, or for a shot gun certificate under section 26B of that Act, the application may not be refused on the ground that the person does not have good reason for having the firearm in his or her possession.

Signed

Kit Malthouse — Minister of State — 2021-03-09

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2017 c. 3.

[^f00002]: 1968 c. 27.

[^f00003]: 1988 c. 45.

[^f00004]: Section 58(2) was amended by section 110(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) (“the 2014 Act”).

[^f00005]: Section 26A was inserted by section 37 of the Firearms (Amendment) Act 1997 (c. 5) (“the 1997 Act”).

[^f00006]: Section 29 was amended by paragraph 2(2) of Schedule 2 to the 1997 Act.

[^f00007]: The Schedule was amended by section 47 of the 1997 Act and S.I. 1999/1750.

[^f00008]: Section 33 was amended by section 13(1) of the Firearms (Amendment) Act 1988 (c. 45) (“the 1988 Act”) and section 42(2) of the 1997 Act.

[^f00009]: Section 26B was inserted by section 37 of the 1997 Act.

[^f00010]: Section 5 was amended by section 1(2) and (3) of the 1988 Act; section 1 of, and Schedule 3 to, the 1997 Act; sections 1 and 2(7) of, and the Schedule to, the Firearms (Amendment) (No 2) Act 1997 (c. 64); sections 108(2) to (4), (9) and 109(1) of the 2014 Act; section 129(2) of the Policing and Crime Act 2017; section 54(1) to (4) of the Offensive Weapons Act 2019 (c. 17) and S.I. 1992/2823.

[^f00011]: “firearms dealer” is defined in section 57(4) of the Firearms Act 1968 (c. 27).

Editorial notes

[^c24461571]: 2017 c. 3.

[^c24461581]: 1968 c. 27.

[^c24461591]: 1988 c. 45.

[^c24461601]: Section 58(2) was amended by section 110(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) (“the 2014 Act”).

[^c24461611]: Section 26A was inserted by section 37 of the Firearms (Amendment) Act 1997 (c. 5) (“the 1997 Act”).

[^c24461621]: Section 29 was amended by paragraph 2(2) of Schedule 2 to the 1997 Act.

[^c24461631]: The Schedule was amended by section 47 of the 1997 Act and S.I. 1999/1750.

[^c24461641]: Section 33 was amended by section 13(1) of the Firearms (Amendment) Act 1988 (c. 45) (“the 1988 Act”) and section 42(2) of the 1997 Act.

[^c24461651]: Section 26B was inserted by section 37 of the 1997 Act.

[^c24461661]: Section 5 was amended by section 1(2) and (3) of the 1988 Act; section 1 of, and Schedule 3 to, the 1997 Act; sections 1 and 2(7) of, and the Schedule to, the Firearms (Amendment) (No 2) Act 1997 (c. 64); sections 108(2) to (4), (9) and 109(1) of the 2014 Act; section 129(2) of the Policing and Crime Act 2017; section 54(1) to (4) of the Offensive Weapons Act 2019 (c. 17) and S.I. 1992/2823.

[^c24461671]: “firearms dealer” is defined in section 57(4) of the Firearms Act 1968 (c. 27).

[^key-e30a120d6af74cd5d014d1bf60b89ce5]: Reg. 1 in force at 22.3.2021, see reg. 1(2)

[^key-cab23e3d1620ba1830f01e0f89b4e5b6]: Reg. 2 in force at 22.3.2021, see reg. 1(2)

[^key-87f6fdc1b16a30d2fc2461c0ba06838b]: Reg. 3 in force at 22.3.2021, see reg. 1(2)

[^key-24caaa00ab6f8f694c352ef1eeb70683]: Reg. 4 in force at 22.3.2021, see reg. 1(2)

[^key-432ff545db3bb4428e351a44361751c8]: Words in reg. 1(2) substituted (20.9.2021) by The Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) (Amendment) Regulations 2021 (S.I. 2021/945), regs. 1(2), 2