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Air Weapons and Licensing (Scotland) Act 2015

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Air Weapons and Licensing (Scotland) Act 2015. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Main Purposes of the Act

  3. Structure and Summary of the Act

    1. Part 1 – Air Weapons

      1. Meaning of air weapon

        1. Section 1 – Meaning of “air weapon”

      2. Air weapon certificates

        1. Section 2 – Requirement for air weapon certificate

        2. Section 3 – Application for grant or renewal of air weapon certificate

        3. Section 4 – Verification of applications

        4. Section 5 – Grant or renewal of air weapon certificate

        5. Section 6 – Air weapon certificate: conditions

        6. Section 7 – Special requirements and conditions for young persons

        7. Section 8 – Duration of air weapon certificate

        8. Section 9 – Alignment of different types of certificate

        9. Section 10 – Variation of air weapon certificate

        10. Section 11 – Revocation of air weapon certificate

      3. Permits

        1. Section 12 – Police permits

        2. Section 13 – Visitor permits

        3. Section 14 – Visitor permits: young persons

        4. Section 15 – Police and visitor permits: conditions

        5. Section 16 – Police and visitor permits: variation and revocation

        6. Section 17 – Event permits

      4. Air weapon clubs and recreational shooting facilities

        1. Section 18 – Approval of air weapon clubs

        2. Section 19 – Variation of approval

        3. Section 20 – Duration of approval

        4. Section 21 – Alignment of club approvals

        5. Section 22 – Power to enter and inspect club premises

        6. Section 23 – Requirements for recreational shooting facilities

      5. Transactions involving air weapons and commercial matters

        1. Section 24 – Restrictions on transactions involving air weapons

        2. Section 25 – Requirement for commercial sales of air weapons to be in person

      6. Enforcement

        1. Section 26 – Power of search with warrant

        2. Section 27 – Production of air weapon certificate

        3. Section 28 – Cancellation of air weapon certificate

        4. Section 29 – Forfeiture and disposal of air weapons

      7. Offences

        1. Section 30 – Failure to keep air weapons secure or to report loss to police

        2. Section 31 – False statements, certificates and permits

        3. Section 32 – Time limit for offences

        4. Section 33 – Offences by bodies corporate etc.

      8. General

        1. Section 34 – Appeals

        2. Section 35 – Fees

        3. Section 36 – Power to make further provision

        4. Section 37 – Crown application

        5. Section 38 – Transitional arrangements for existing certificate holders

        6. Section 39 – Guidance

        7. Section 40 – Interpretation of Part 1

    2. Part 2 – Alcohol Licensing

      1. Licensing objectives

        1. Section 41 – Licensing objectives: protecting young persons from harm

      2. Statements of licensing policy

        1. Section 42 – Statements of licensing policy: licensing policy periods

      3. Fit and proper person test

        1. Section 43 – Premises licence application: ground for refusal

        2. Section 44 – Application to transfer premises licence: ground for refusal

        3. Section 45 – Ground for review of premises licence

        4. Section 46 - Personal licence applications and renewals: ground for refusal

        5. Section 47 – Personal licence holders: procedure on receipt of notice of conviction

        6. Section 48 – Personal licence holders: conduct inconsistent with the licensing objectives

      4. Transfer of premises licences

        1. Section 49 – Transfer of premises licences

      5. Relevant offences and foreign offences

        1. Section 50 – Premises licences: procedure in relation to relevant offences or foreign offences

        2. Section 51 – Personal licences: procedure in relation to relevant offences or foreign offences

        3. Section 52 – Relevant offences and foreign offences: spent convictions

      6. Supply of alcohol to a child or young person

        1. Section 53 – Offences of supplying alcohol to a child or young person

      7. Miscellaneous

        1. Section 54 – Meaning of “alcohol”: inclusion of angostura bitters

        2. Section 55 – Overprovision

        3. Section 56 – Duties of Licensing Boards to produce annual reports

        4. Section 57 – Licensing Standards Officers: general function in relation to personal licences

        5. Section 58 – Powers of Licensing Standards Officers

        6. Section 59 – Interested parties

        7. Section 60 – Personal licences: grant, duration and renewal

        8. Section 61 – Processing and deemed grant of applications

        9. Section 62 – Form etc. of communications under the 2005 Act

    3. Part 3 – Civic Licensing

      1. Taxis and private hire cars

        1. Section 63 – Refusal to grant private hire car licences on grounds of overprovision

        2. Section 64 – Testing of private hire car drivers

        3. Section 65 – Exemptions from requirements of sections 10 to 21 of 1982 Act

      2. Metal dealers

        1. Section 66 – Penalties for failure to have appropriate licence or comply with conditions

        2. Section 67 – Removal of exemption warrants for certain metal dealers

        3. Section 68 – Abolition of requirement to retain metal for 48 hours

        4. Section 69 – Acceptable forms of payment for metal

        5. Section 70 – Metal dealers and itinerant metal dealers: records

        6. Section 71 – Register of dealers in metal

        7. Section 72 – Interpretation of provisions relating to metal dealers etc.

        8. Section 73 – Exemptions from requirements of sections 28 to 37 of 1982 Act

      3. Public entertainment venues

        1. Section 74 – Licensing of theatres etc.

        2. Section 75 – Restriction of exemption from requirements for public entertainment licence

      4. Sexual entertainment venues

        1. Section 76 – Licensing of sexual entertainment venues

      5. Miscellaneous and general

        1. Section 77 – Deemed grant of applications

        2. Section 78 – Revocation of Part 2 licences

        3. Section 79 – Procedure for hearings

        4. Section 80 – Conditions for Part 3 licences

        5. Section 81 – Conditions for Part 3 licences: displays or advertising

        6. Section 82 – Civic licensing standards officers

        7. Section 83 – Electronic communications under the 1982 Act

    4. Part 4 – General

      1. Section 84 – Interpretation

      2. Section 85 – Regulations

      3. Section 86 – Ancillary provision

      4. Section 87 – Minor and consequential amendments and repeals

      5. Section 88 – Commencement

      6. Section 89 – Short title

    5. Schedule 1: Exemptions

      1. Paragraph 1 – Approved air weapon clubs

      2. Paragraph 2 – Registered firearms dealers and their employees

      3. Paragraph 3 – Auctioneers

      4. Paragraph 4 - Carriers and warehouse keepers

      5. Paragraph 5 – Artistic performers

      6. Paragraph 6 – Cadet corps

      7. Paragraph 7 – Bodies corporate etc.

      8. Paragraph 8 – Holders of police permits

      9. Paragraph 9 – Holders of visitor permits

      10. Paragraph 10 – Authorised events

      11. Paragraph 11 – Supervised use of air weapons on private land

      12. Paragraph 12 – Use of air weapons at recreational shooting facilities

      13. Paragraph 13 - Museums

      14. Paragraph 14 - Air weapons on ships

      15. Paragraph 15 – Purchase of air weapons for delivery outwith Scotland

      16. Paragraph 16 – Loaning of air weapons for exempted purposes

      17. Paragraph 17 – Public servants carrying out official duties

      18. Paragraph 18 – Holders of certificates or permits with conditions

    6. Schedule 2: Minor and Consequential Amendments and Repeals

      1. Part 1 – Amendments and Repeals Relating to Part 1

        1. Paragraph 1 – Firearms Act 1968 (c.27)

        2. Paragraph 2 – Criminal Procedure (Scotland) Act 1995 (c.46)

        3. Paragraph 3 – Violent Crime Reduction Act 2006 (c.38)

      2. Part 2 – Amendments Relating to Part 2

        1. Paragraph 4 – Licensing (Scotland) Act 2005

  4. Parliamentary History

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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