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The Crossbows (Northern Ireland) Order 1988

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Statutory Instruments

1988 No. 794 (N.I. 5)

NORTHERN IRELAND

The Crossbows (Northern Ireland) Order 1988

Made

27th April 1988

Laid before Parliament

11th May 1988

Coming into operation

28th June 1988

At the Court of Saint James, the 27th day of April 1988

Present,

The Counsellors of State in Council

Whereas Her Majesty in pursuance of the Regency Acts 1937 to 1953, was pleased, by Letters Patent dated the 28th day of March 1988, to delegate to the six Counsellors of State therein named or any two or more of them full power and authority during the period of Her Majesty’s absence from the United Kingdom to summon and hold on Her Majesty’s behalf Her Privy Council and to signify thereat Her Majesty’s approval for anything for which Her Majesty’s approval in Council is required:

And Whereas this Order is made only for purposes corresponding to those of the Crossbows Act 1987(1):

Now, therefore, Her Majesty Queen Elizabeth The Queen Mother and His Royal Highness The Price Charles, Prince of Wales, being authorised thereto by the the said Letters Patent, and in pursuance of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974(2), (as modified by section 7 of the said Act of 1987) and all other powers enabling Her Majesty, and by and with the advice of Her Majesty’s Privy Council, do on Her Majesty’s behalf order, and it is hereby ordered, as follows:—

Title and commencement

1.—(1) This Order may be cited as the Crossbows (Northern Ireland) Order 1988.

(2) This Order shall come into operation on the expiration of two months from the day on which it is made.

Interpretation

2.  The Interpretation Act (Northern Ireland) 1954(3) shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

Sale and letting on hire

3.  A person who sells or lets on hire a crossbow or a part of a crossbow to a person under the age of seventeen is guilty of an offence, unless he believes him to be seventeen years of age or older and has reasonable ground for the belief.

Purchase and hiring

4.  A person under the age of seventeen who buys or hires a crossbow or a part of a crossbow is guilty of an offence.

Possession

5.  A person under the age of seventeen who has with him—

(a)a crossbow which is capable of discharging a missile, or

(b)parts of a crossbow, which together (and without any other parts) can be assembled to form a crossbow capable of discharging a missile,

is guilty of an offence, unless he is under the supervision of a person who is twenty-one years of age or older.

Powers of search and seizure etc.

6.—(1) If a constable suspects with reasonable cause that a person is committing or has committed an offence under Article 5, the constable may—

(a)search that person for a crossbow or part of a crossbow;

(b)search any vehicle, or anything in or on a vehicle, in or on which the constable suspects with reasonable cause there is a crossbow, or part of a crossbow, connected with the offence.

(2) A constable may detain a person or vehicle for the purpose of a search under paragraph (1).

(3) A constable may seize and retain for the purpose of proceedings for an offence under this Order anything discovered by him in the course of a search under paragraph (1) which appears to him to be a crossbow or part of a crossbow.

(4) For the purpose of exercising the powers conferred by this Article a constable may enter any land other than a dwelling-house.

Exception

7.  This Order does not apply to crossbows with a draw weight of less than 1.4 kilograms.

Punishments

8.—(1) A person guilty of an offence under Article 3 shall be liable, on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale, or to both.

(2) A person guilty of an offence under Article 4 or 5 shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(3) The court by which a person is convicted of an offence under this Order may make such order as it thinks fit as to the forfeiture or disposal of any crossbow or part of a crossbow in respect of which the offence was committed.

G. I. de Deney

Clerk of the Privy Council

Explanatory Note

(This note is not part of the Order)

This Order is made only for purposes corresponding to those of the Crossbows Act 1987.

The Order creates offences relating to the sale and letting on hire of crossbows to, and the purchase, hiring and possession of crossbows by, persons under the age of seventeen.

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