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The Firearms (Northern Ireland) Order 2004

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This is the original version (as it was originally made).

Article 14

SCHEDULE 2FIREARMS AND AMMUNITION IN MUSEUMS

This schedule has no associated Explanatory Memorandum

Introductory

1.—(1) In this Schedule—

“licence” means a museum firearms licence;

“museum” includes any institution which has as its purpose, or one of its purposes, the preservation for the public benefit of a collection of historical, artistic or scientific interest which includes or is to include firearms.

(2) References in this Schedule to the persons responsible for the management of a museum are to the board of trustees, governing body or other person or persons (whether or not incorporated) exercising corresponding functions.

Museum firearms licences

2.—(1) The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.

(2) While a licence is in force in respect of a museum the persons responsible for its management and their employees—

(a)may, without holding a firearm certificate, have in their possession, and purchase or acquire, for the purposes of the museum firearms and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence; and

(b)if the licence so provides may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for those purposes any prohibited weapons and ammunition which are or are to be normally exhibited or kept as described in head (a).

(3) The Secretary of State shall not grant a licence in respect of a museum unless he is satisfied that the arrangements for exhibiting and keeping the firearms and ammunition in question are or will be such as not to endanger public safety or the peace.

(4) A licence shall be subject to such conditions specified in it as the Secretary of State thinks necessary for securing the safe custody of the firearms and ammunition in question.

(5) A licence shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.

(6) The Secretary of State may by order substitute for the period mentioned in sub-paragraph (5) such longer or shorter period as is specified in the order.

Variation and revocation

3.—(1) The Secretary of State may by notice in writing to the persons responsible for the management of a museum—

(a)vary the conditions specified in a licence held in respect of the museum; or

(b)vary the licence so as to extend or restrict the premises to which it applies.

(2) For the purposes of sub-paragraph (1) the Secretary of State may by notice under that sub-paragraph require the persons in question to produce the licence to him within 21 days from the date of the notice.

(3) The Secretary of State may by notice in writing to the persons responsible for the management of a museum revoke a licence held in respect of the museum if—

(a)at any time he is satisfied that the continuation of the exemption conferred by the licence would result in danger to public safety or to the peace; or

(b)those persons or any of them or any employee of theirs has been convicted of an offence under this Schedule; or

(c)those persons have failed to comply with a notice under this paragraph requiring them to produce the licence.

(4) Where a licence is revoked the Secretary of State shall by notice in writing require the persons responsible for the management of the museum in question to surrender the licence to him.

Fees

4.  The appropriate fee shall be payable on the grant of a licence or such lesser amount as the Secretary of State may in any particular case determine.

Offences and enforcement

5.—(1) It shall be an offence for any of the persons responsible for the management of a museum to—

(a)fail to comply; or

(b)cause or permit another person to fail to comply,

with any condition specified in the licence held in respect of that museum.

(2) A person who fails to comply with a notice under paragraph 3 shall be guilty of an offence.

(3) In proceedings against any person for an offence under sub-paragraph (1) it is a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

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