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The Firearms (Northern Ireland) Order 2004

Status:

This is the original version (as it was originally made).

SCHEDULES

Article 3

SCHEDULE 1FIREARM CERTIFICATES – EXEMPTIONS

Firearms dealers

1.  (1)  The holder of a firearms dealer’s certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his business as a firearms dealer.

(2) An employee of the holder of a firearms dealer’s certificate may, without holding a firearm certificate, have in his possession or purchase or acquire a firearm or ammunition in the ordinary course of his employer’s business as a firearms dealer.

(3) Sub-paragraphs (1) and (2) apply to the possession, purchase or acquisition of a firearm or ammunition in the ordinary course of a firearms dealer’s business even if the firearm or ammunition is in the possession of, or purchased or acquired by, the dealer or his employee at a place which is not specified as his place of business in his firearms dealer’s certificate.

(4) In sub-paragraph (5) “relevant supervision” means supervision provided for a customer in the ordinary course of a firearms dealer’s business by the holder of a firearm dealer’s certificate or his employee.

(5) A person may, without holding a firearm certificate, have in his possession a firearm or ammunition while he is under relevant supervision.

Auctioneers, carriers and warehousemen

2.  (1)  A person carrying on the business of an auctioneer, carrier or warehouseman or an employee of his may, without holding a firearm certificate, have in his possession a firearm or ammunition in the ordinary course of that business.

(2) An auctioneer, carrier or warehouseman who—

(a)fails to take reasonable precautions for the safe custody of any firearm or ammunition which he or his employee has in his possession and for which he does not require a firearm certificate; or

(b)fails to report immediately to the Chief Constable the loss or theft of any such firearm or ammunition,

shall be guilty of an offence.

Slaughter of animals

3.  (1)  A person licensed to slaughter animals may, without holding a firearm certificate, have in his possession a slaughtering instrument in any slaughterhouse in which he is employed.

(2) The proprietor of a slaughterhouse or a person appointed by him to take charge of slaughtering instruments for the purpose of storing them in safe custody at that slaughterhouse may, without holding a firearm certificate, have in his possession a slaughtering instrument for that purpose.

(3) In this paragraph—

“licensed” means licensed under the Welfare of Animals (Slaughter or Killing) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 558);

“slaughterhouse” includes a knacker’s yard; and

“slaughtering instrument” includes ammunition for a slaughtering instrument.

Equipment for ships and aircraft

4.  (1)  A person may, without holding a firearm certificate, have in his possession on board a ship a firearm as part of the equipment of the ship.

(2) A person may, without holding a firearm certificate—

(a)have in his possession on board an aircraft or at an aerodrome a signalling apparatus as part of the equipment of the aircraft or aerodrome;

(b)remove a signalling apparatus which is part of the equipment of an aircraft—

(i)from one aircraft to another at an aerodrome; or

(ii)from or to an aircraft at an aerodrome to or from a place appointed for its storage in safe custody at that aerodrome,

and keep any such apparatus at such a place.

(3) If he has obtained a permit from the Chief Constable, a person may, without holding a firearm certificate, remove—

(a)a firearm from or to a ship; or

(b)a signalling apparatus from or to an aircraft or aerodrome,

to or from a place and for a purpose specified in the permit.

(4) In this paragraph “firearm” and “signalling apparatus” include ammunition for a firearm or a signalling apparatus, as the case may be.

Sporting purposes

5.  A person carrying a firearm or ammunition belonging to another person holding a firearm certificate may, without himself holding a firearm certificate, have in his possession that firearm or ammunition under instructions from that person and for that person’s use for sporting purposes only.

Athletics meetings, etc.

6.  A person may, without holding a firearm certificate, have a firearm in his possession at an athletics meeting or other competitive occasion for the purpose of starting, finishing or abandoning races.

Firearms clubs

7.  A member of a firearms club which is authorised under Article 49 may, without holding a firearm certificate, have in his possession a firearm and ammunition when engaged as a member of the club in, or in connection with, drill or target shooting.

Recreational facilities

8.  (1)  A person may, without holding a firearm certificate, acquire or have in his possession at a recreational facility an air gun if the person operating the facility has a firearm certificate for the gun.

(2) Sub-paragraph (1) does not apply if—

(a)the air gun is an air pistol capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of 8.13 joules; or

(b)in any other case, the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of 16.27 joules.

(3) In sub-paragraph (1) “recreational facility” means a miniature rifle range, a shooting gallery or a facility for combat games.

(4) Sub-paragraph (1) is without prejudice to paragraph 9.

(5) Sub-paragraph (1) so far as it relates to a facility for combat games does not apply in relation to a person who is under the age of 16.

Air guns and ammunition

9.  (1)  A person may, without holding a firearm certificate, have in his possession or purchase or acquire an air gun.

(2) Sub-paragraph (1) does not apply if the air gun is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule.

(3) A person who is under the age of 18 may not by virtue of sub-paragraph (1)—

(a)have an air gun in his possession without a firearm certificate unless he has attained the age of 14 or is under the supervision of a person who has attained the age of 21;

(b)purchase an air gun without a firearm certificate unless he has attained the age of 17.

(4) A person may, without holding a firearm certificate, have in his possession or purchase or acquire ammunition for an air gun.

Rifles

10.  (1)  A person may, without holding a firearm certificate, borrow a rifle from the occupier of private premises and use it on those premises in the presence of the occupier or an employee of the occupier if—

(a)the occupier or employee in whose presence the rifle is used holds a firearm certificate for it; and

(b)the borrower’s possession and use of it complies with any conditions as to those matters in the certificate.

(2) A person who by virtue of sub-paragraph (1) is entitled without holding a firearm certificate to borrow and use a rifle in another person’s presence may also, without holding a firearm certificate, purchase or acquire ammunition for use in the rifle and have it in his possession during the period for which the rifle is borrowed if—

(a)the firearm certificate held by that other person authorises the holder to have in his possession at that time ammunition for the rifle of a quantity not less than that purchased or acquired by, and in the possession of, the borrower; and

(b)the borrower’s possession and use of the ammunition complies with any conditions as to those matters in the certificate.

(3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.

Shotguns

11.  (1)  A person may, without holding a firearm certificate, borrow a shotgun from the occupier of private premises and use it on those premises in the occupier’s presence.

(2) A person may, without holding a firearm certificate, use a shotgun at a time and place approved by the Chief Constable for shooting at artificial targets.

(3) Sub-paragraphs (1) and (2) do not apply in relation to a person who is under the age of 18.

Theatre and cinema

12.  (1)  A person taking part in a theatrical performance may, without holding a firearm certificate, have a firearm in his possession during and for the purpose of the performance.

(2) A person taking part in the production of a film intended for public exhibition may, without holding a firearm certificate, have a firearm in his possession for the purpose of the production.

(3) Where the Secretary of State is satisfied, on the application of a person in charge of a theatrical performance or the production of a film intended for public exhibition, that a prohibited weapon is required for the purpose of the performance or production, the Secretary of State may authorise—

(a)that person to have possession of the weapon; and

(b)such other persons as that person may select to have possession of it while taking part in the performance or production.

(4) In this paragraph—

“film” includes any record, however made, of a sequence of visual images, which is a record capable of being used as a means of showing that sequence as a moving picture; and

“theatrical performance” includes rehearsals.

Article 14

SCHEDULE 2FIREARMS AND AMMUNITION IN MUSEUMS

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.

Article 38(2)

SCHEDULE 3RECORD OF TRANSACTIONS

1.  The quantities and descriptions of firearms and ammunition manufactured and the dates of manufacture.

2.  The quantities and descriptions of firearms and ammunition purchased or acquired, with the names and addresses of the sellers or transferors and the dates of the transactions.

3.  The quantities and descriptions of firearms and ammunition accepted for sale, repair, test, proof, cleaning, safekeeping, destruction or other purpose, with the names and addresses of the transferors and the dates of the transactions.

4.  The quantities and descriptions of firearms and ammunition sold or transferred, with the names and addresses of the purchasers or transferees and the dates of the transactions.

5.  The quantities and descriptions of firearms and ammunition in possession for sale or transfer at the date of the last stocktaking or such other date in each year as may be specified in the record.

Article 59(2)

SCHEDULE 4OFFENCES TO WHICH ARTICLE 59(2) APPLIES

1.  The common law offence of rape.

2.  Offences under any of the following provisions of the Offences Against the Person Act 1861 (c. 100)

sections 20 to 22(inflicting bodily injury; garrotting; criminal use of stupefying drugs);
section 30(laying of explosive near a building, etc.);
section 32(endangering railway passengers by tampering with track);
section 47(criminal assaults);
sections 53 to 55(abduction of women).

3.  Offences under section 7 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (c. 28) (assault with intent to resist lawful apprehension).

4.  Offences under any of the following provisions of the Criminal Damage (Northern Ireland) Order 1977 (NI 4)

Article 3(destroying or damaging property);
Article 4(threats to destroy or damage property).

5.  Offences under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (NI 1) (taking and driving away) so far as it relates to a motor vehicle.

6.  Offences under the Child Abduction (Northern Ireland) Order 1985 (NI 17) (abduction of children).

7.  Offences under section 123(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (assault on prisoner custody officer).

8.  Offences under section 66 of the Police (Northern Ireland) Act 1998 (c. 32) (assault on, and obstruction of, constables, etc.).

9.  Offences under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (c. 33) (assault on detainee custody officer).

10.  Attempting to commit any offence specified in paragraphs 1 to 9.

11.  Aiding, abetting, counselling or procuring the commission of any offence so specified.

Article 69

SCHEDULE 5TABLE OF PUNISHMENTS

(1)(2)(3)(4)
Provision of this Order creating offenceGeneral nature of offenceMode of prosecutionPunishment
Article 3(1)(a)Purchase, acquisition or possession of handgun without firearm certificateIndictment10 years or a fine or both
Article 3(1)(b)Purchase, acquisition or possession of firearm other than handgun without firearm certificate

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

If the offence is committed in an aggravated form within the meaning of Article 67(4), 7 years or a fine or both. In any other case, 5 years or a fine or both
Article 3(2)Purchase, acquisition or possession of ammunition without firearm certificate

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 6(6)Failure to comply with condition of firearm certificateSummary1 year or level 5 or both
Article 10(3)Failure to surrender firearm certificate, firearms or ammunition when certificate is revoked or to produce firearm certificate when partially revokedSummaryLevel 3
Article 13(2)Failure to surrender expired firearm certificate or firearms or ammunition to which it relatedSummaryLevel 3
Article 15(10)Failure to comply with condition of visitor’s firearm permitSummary1 year or level 5 or both
Article 16(2)Failure to surrender visitor’s firearm permitSummaryLevel 3
Article 21(4)Failure to surrender expired European firearms passSummaryLevel 3
Article 23(6)Failure to produce European firearms pass or Article 7 authority, etc.Summary3 months or level 5 or both
Article 24(1)Manufacturing, selling, repairing, etc. without firearms dealer’s certificate

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 27(6)Failure to comply with condition of firearms dealer’s certificateSummary1 year or level 5 or both
Article 30(1)Failure of firearms dealer to surrender certificate or record of transactions on expiration or revocation of certificateSummaryLevel 3
Article 35(9)Contravention of condition of occasional permitSummary1 year or level 5 or both
Article 36(3)Failure to surrender occasional permitSummaryLevel 3
Article 37(1), (2)Sale to any person, other than firearms dealer, who does not produce firearm certificate; repair for a person, other than not produce firearm certificate

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 37(4)Production of firearm certificate which is false, or in which a false entry has been made or making false statement with a view to purchasing or acquiring firearm

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 37(5).Pawnbroker taking firearm in pawnSummary3 months or level 3 or both
Article 38(7)Failure to keep records or to permit inspection; making false recordSummary1 year or level 5 or both
Article 39(3)Failure to produce firearm certificate or comply with its instructions; transfer otherwise than in person

(a)Summary

6 months or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 40(4)Failure to notify the Chief Constable of sale, etc. of firearm

(a)Summary

6 months or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 41(5)Failure to notify Chief Constable of loss, repair, etc. of firearm tested under Article

(a)Summary

6 months or a fine of the statutory maximum or both
54

(b)Indictment

5 years or a fine or both
Article 42(2)Failure to notify Chief Constable of sale, etc. of Ireland

(a)Summary the statutory maximum firearm outside Northern

6 months or a fine of or both

(b)Indictment

5 years or a fine or both
Article 42(4)Failure to notify Chief Constable of loss, etc. of firearm or ammunition outside Northern Ireland

(a)Summary

6 months or a fine of the statutory maximum of both

(b)Indictment

5 years or a fine or both
Article 43(5)Failure to notify Chief Constable of purchase or acquisition of a firearm in another member StateSummary3 months or level 5 or both
Article 44(6)Failure to notify Chief Constable of sale of firearm to non-resident for exportSummary6 months or level 5 or both
Article 45 (1)(a), (b), (c), (d), (e) and (g)Manufacture, dealing in or possession of prohibited weaponsIndictment10 years or a fine or both
Article 45(1)(f)Manufacture, dealing in or possession of prohibited weapon designed for discharge of noxious liquid etc.

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

10 years or a fine or both
Article 45(2)(a)Possession of or dealing in firearm disguised as other objectIndictment10 years or a fine or both
Article 45(2)(b), (c), (d), (e), (f) or (g)Possession of or dealing in other prohibited weapons

(a)Summary

6 months or a fine of the statutory maximum or both

(b)Indictment

10 years or a fine or both
Article 45(5)Failure to comply with conditions of authority relating to prohibited weaponsSummary1 year or level 5 or both
Article 45(6)Failure to surrender authority relating to prohibited weaponsSummaryLevel 3
Article 48(4)Contravention of an order prohibiting the removal of firearms or ammunitionSummary1 year or, for each firearm or parcel of ammunition in respect of which the offence is committed, level 3, or both
Article 49(5)(a)Operating or participating in the activities of unauthorised

(a)Summary

1 year or a fine of the statutory maximum or
firearms clubboth

(b)Indictment

3 years or a fine or both
Article 49(5)(b)Contravention of conditions or limitations of an authorisation

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

3 years or a fine or both
Article 51(2)Obstructing person inspecting firearms club premisesSummaryLevel 3
Article 52(4)Obstructing constable or member of police support staff in exercise of search powersSummary6 months or level 5 or both
Article 53(2)Failure to hand over firearm to constable for examination by himSummary1 year or level 5 or both
Article 53(5)Failure to stop vehicle when required to do so by constable or refusal to permit it to be searchedSummary1 year or level 5 or both
Article 54(2)Failure to produce firearm for ballistic or other testsSummary1 year or level 5 or both
Article 55(4)Refusal to declare name and address or failure to give true name and addressSummaryLevel 3
Article 55(5)Failure to produce firearms pass issued in another member StateSummaryLevel 3
Article 56(3)Failure to give constable facilities for inspecting firearms or ammunition, or failure to produce documentsSummary1 year, or for each firearm or parcel of ammunition in respect of which the offence is committed, level 3, or both
Article 58(1)Possession of firearm with intent to endanger life or cause serious damage to propertyIndictmentLife imprisonment
Article 58(2)Possession of firearm with intent to cause fear of violenceIndictment10 years or a fine or both
Article 59(1)Use or attempted use of firearm to resist arrestIndictmentLife imprisonment
Article 59(2)Possession of firearm while committing offence specified in Schedule 4IndictmentLife imprisonment
Article 60(1)Carrying firearm with criminal intentIndictmentLife imprisonment
Article 61(1)Carrying firearm and ammunition in public place

(a)Summary

1 year or a fine of the statutory maximum (level 5 if the firearm is an air gun) or both

(b)Indictment (but not if the firearm is an air gun)

10 years or a fine or both
Article 61(2)Discharge of firearm in public placeSummary1 year or level 4 or both
Article 62(1)Trespassing with firearm in any building

(a)Summary

1 year or a fine of the statutory maximum (level 5 in the case of an imitation firearm) or both

(b)Indictment (but not in the case of an imitation firearm)

10 years or a fine or both
Article 62(2)Trespassing with a firearm on landSummary1 year or level 5 or both
Article 63(6)Possession of firearm or ammunition by convicted person

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 63(8)Sale of firearm to convicted person; repair of firearm for convicted person

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

5 years or a fine or both
Article 64Possession of firearm or ammunition in suspicious circumstances

(a)Summary

2 years or a fine of the statutory maximum or both

(b)Indictment

10 years or a fine or both
Article 65Possession of loaded firearm while drunk or under the influence of drugsSummary6 months or level 3 or both
Article 66Supplying firearm or ammunition to person who is drunk, etc. or suffering from mental disorderSummary1 year or level 5 or both
Article 67(1), (3)Shortening the barrel of a shotgun or converting imitation firearm into firearm

(a)Summary

1 year or a fine of the statutory maximum or both

(b)Indictment

7 years or a fine or both
Article 72(2)Failure to surrender firearm certificate when cancelled by courtSummaryLevel 3
Article 73(1)Making false statement to procure grant or variation of certificateSummary1 year or level 5 or both
Schedule 1 paragraph 2(2)Failure of auctioneer, carrier or warehouseman to take reasonable precautions for safe custody of firearm or ammunition or failure to report loss or theftSummary6 months or level 5 or both
Schedule 2 paragraph 5(1)Failure to comply with condition in museum firearms licenceSummary6 months or level 5 or both
Schedule 2 paragraph 5(2)Failure to surrender museum firearms licenceSummaryLevel 3

Article 75

SCHEDULE 6FEES

Firearm certificate

1.  Grant of firearm certificate

£50

2.  Variation by Chief Constable on application of holder (except as mentioned in paragraph 3)

£26

3.  Variation by Chief Constable to substitute one firearm for another of same calibre or type

£10

4.  Duplicate firearm certificate

£9

Museum firearms licence

5.  Grant of museum firearms licence

£200

6.  Extension of museum firearms licence to additional premises

£75

Visitor’s firearm permit

7.  Grant of visitor’s firearm permit (except where paragraph 8 applies)

£12

8.  Grant of six or more visitor’s firearm permits (taken together) on a group application

£60

Firearms dealer’s certificate

9.  Grant or renewal of firearms dealer’s certificate

£150

10.  Duplicate firearms dealer’s certificate

No fee

Firearms club

11.  Grant or renewal of authorisation

£84

Article 82

SCHEDULE 7CONSEQUENTIAL AMENDMENTS

Criminal Jurisdiction Act 1975 (c. 59)

1.  In Schedule 1, for paragraph 9 substitute the following paragraph—

9.  An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004—

(i)Article 58(1) (possession of firearm or ammunition with intent to endanger life or cause serious damage to property);

(ii)Article 59(1) (use of firearm or imitation firearm with intent to resist arrest);

(iii)Article 59(2) (possession of firearm or imitation firearm when committing or arrested for specified offences) where the specified offence is one under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (taking and driving away motor vehicle);

(iv)Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(v)Article 64 (possession of firearm or ammunition in suspicious circumstances)..

Suppression of Terrorism Act 1978 (c. 26)

2.  In Schedule 1, for paragraph 15 substitute the following paragraph—

15.  The following offences under the Firearms (Northern Ireland) Order 2004—

(a)an offence under Article 58(1) consisting of a person’s having in his possession any firearm or ammunition within the meaning of that Article with intent by that means to endanger life, or to enable another person by that means to endanger life;

(b)an offence under Article 59(1) (use of firearm or imitation firearm to resist arrest) involving the use or attempted use of a firearm within the meaning of that Article..

Customs and Excise Management Act 1979 (c. 2)

3.  In section 50(5A)(b), for “Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)” and “1981” substitute respectively “Article 45(1)(a), (b), (c), (d), (e) or (g) or (2)(a)” and “2004”.

4.  In Article 68(4A)(b), for “Article 6(1)(a), (ab), (ac), (ad), (ae), or (c) or (1A)(a)” and 1981” substitute respectively “Article 45(1)(a), (b), (c), (d), (e) or (g) or (2)(a)” and “2004”.

5.  In section 170(4A)(b), for “Article 6(1)(a), (ab), (ac), (ad), (ae) or (c) or (1A)(a)” and “1981” substitute respectively “Article 45(1)(a), (b), (c), (d), (e) or (g) or (2)(a)” and “2004”.

Magistrates' Courts (Northern Ireland) Order 1981 (NI 26)

6.  In Article 29(1), for sub-paragraph (f) substitute the following sub-paragraph—

(f)Article 3, 61(2) or 64 of the Firearms (Northern Ireland) Order 2004.

Repatriation of Prisoners Act 1984 (c. 47)

7.  In the Schedule—

(a)in the cross-heading preceding paragraph 8, for “1981” substitute “2004”;

(b)in paragraph 8, for “Article 22” and “1981” substitute respectively “Article 63” and “2004”.

Wildlife (Northern Ireland) Order 1985 (NI 2)

8.  In Article 2(2)—

(a)in the definition of “ammunition”, for “1981” substitute “2004”;

(b)in the definition of “firearm”, for “1981” substitute “2004”.

9.  In Schedule 11, in paragraph 3 for “1981” substitute “2004”.

Mental Health (Northern Ireland) Order 1986 (NI 4)

10.  In Article 44(4A), for “Article 52A” and “1981” substitute respectively “Article 70” and “2004”.

Criminal Justice Act 1988 (c. 33)

11.  In section 141(13) for “1981” substitute “2004”.

Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

12.  In Schedule 5, in Part II, after paragraph 15 add the following—

Firearms (Northern Ireland) Order 2004

16.  Article 58(1) (possession of firearm with intent to endanger life, etc.).

17.  Article 59(1) (use of firearm or imitation firearm to resist arrest).

18.  Article 60 (carrying firearm or imitation firearm with criminal intent)..

Criminal Justice (Northern Ireland) Order 1996 (NI 24)

13.  In Article 2(9), for “Article 52A” and “1981” substitute respectively “Article 70” and “2004”.

14.  In Article 4(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

15.  In Article 10(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

16.  In Article 13(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

17.  In Article 15(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

18.  In Article 19(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

19.  In Article 20(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

20.  In Article 24(1), for “Article 52A(2)” and “1981” substitute respectively “Article 70(2)” and “2004”.

Northern Ireland Arms Decommissioning Act 1997 (c. 7)

21.  In section 10(1)—

(a)in paragraph (a) of the definition of “ammunition”, for “1981” substitute “2004”;

(b)in paragraph (a) of the definition of “firearm”, for “1981” substitute “2004”.

22.  In paragraph 8 of the Schedule, after “1981” insert “or a corresponding provision of the Firearms (Northern Ireland) Order 2004”.

Terrorism Act 2000 (c. 11)

23.  In section 77(3) for the entry relating to the Firearms (Northern Ireland) Order 1981 substitute—

The Firearms (Northern Ireland) Order 2004

  • Article 45(1) (manufacturing, dealing in or possessing certain weapons, etc.).

  • Article 58(1) (possessing firearm or ammunition with intent to endanger life or cause serious damage to property).

  • Article 59(2) (possessing firearm or imitation firearm at time of committing, or being arrested for, a specified offence).

  • Article 63(1), (2) or (4) (possession of a firearm or ammunition by a person who has been sentenced to imprisonment, &c.).

  • Article 64 (possessing firearm or ammunition in suspicious circumstances)..

24.  In Schedule 9, in Part I, for paragraph 16 substitute the following paragraph—

Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. ))

16.  Offences under the following provisions of the Firearms (Northern Ireland) Order 2004 subject to note 1 below—

(a)Article 24(1) (manufacturing, dealing in, repairing, etc., firearm or ammunition without firearms dealer’s certificate),

(b)Article 37(1), (2) or (4) (sale, etc., of firearm or ammunition),

(c)Article 45(1) (manufacturing, dealing in or possessing certain weapons, etc.),

(d)Article 58(1) (possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

(e)Article 59 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another),

(f)Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

(g)Article 61 (carrying firearm, etc. in public place) subject to note 4 below,

(h)Article 63 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person),

(i)Article 64 (possessing firearm or ammunition in suspicious circumstances), and

(j)Article 67 (shortening barrel of shotgun or converting imitation firearm into firearm)..

Criminal Justice and Police Act 2001 (c. 16)

25.  In Schedule 1 (powers of seizure)—

(a)for paragraph 30 substitute the following paragraph—

Firearms (Northern Ireland) Order 2004 (S.I. 2004) (N.I. ))

30.  The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).;

(b)for paragraph 80 substitute the following paragraph—

Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. ))

80.  The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.).;

(c)for paragraph 102 substitute the following paragraph—

Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. ))

102.  The power of seizure conferred by Article 52 of the Firearms (Northern Ireland) Order 2004 (seizure of firearms, etc.)..

Proceeds of Crime Act 2002 (c. 29)

26.  In Schedule 5, in paragraph 5(2) for “Article 4(1)” and “1981 (S.I. 1981/155 (N.I. 2)” substitute respectively “Article 24(1)” and “2004 (S.I. 2004/ (N.I. ))”.

Sexual Offences Act 2003 (c. 42)

27.  In paragraph 145 of Schedule 5 (other offences for the purposes of Part 2 of that Act), for “Article 17” and “1981 (S.I. 1981/155 (N.I. 2))” substitute respectively “Article 58(1)” and “2004 (S.I. 2004/ (N.I. ))”.

28.  In paragraph 146 of that Schedule for “Article 17A” substitute “Article 58(2)”.

29.  In paragraph 147 of that Schedule for “Article 18(1)” substitute “Article 59(1)”.

30.  In paragraph 148 of that Schedule for “Article 18(2)” and “Schedule1” substitute respectively “Article 59(2)” and “Schedule 4”.

31.  In paragraph 149 of that Schedule for “Article 19” substitute “Article 60”.

Criminal Justice Act 2003 (c. 44)

32.  In paragraph 33 of Schedule 17 (violent offences and sexual offences), for “Article 17” and “1981 (S.I. 1981/155 (N.I. 2))” substitute respectively “Article 58(1)” and “2004 (S.I. 2004/ (N.I. ))”.

33.  In paragraph 34 of that Schedule for “Article 17A” substitute “Article 58(2)”.

34.  In paragraph 35 of that Schedule for “Article 18(1)” substitute “Article 59(1)”.

35.  In paragraph 36 of that Schedule for “Article 18(2)” and “Schedule 1” substitute respectively “Article 59(2)” and “Schedule 4”.

36.  In paragraph 37 of that Schedule for “Article 19” substitute “Article 60”.

Article 82

SCHEDULE 8REPEALS

Short TitleExtent of repeal
The Firearms (Northern Ireland) Order 1981 (NI 2).The whole Order.
The Magistrates' Courts (Northern Ireland) Order 1981 (NI 26).In Schedule 6, paragraphs 174 and 175.
The Firearms (Northern Ireland) Order 1983 (NI 20).The whole Order.
The Child Abduction (Northern Ireland) Order 1985 (NI 17).Article 7(3) and (4)(b).
The Criminal Justice (Firearms) (Northern Ireland) Order 1988 (NI 15).The whole Order.
The Firearms (Amendment) (Northern Ireland) Order 1989 (NI 10).The whole Order.
The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12).In Part II of Schedule 5, paragraphs 4 to 6 (and the cross-heading preceding paragraph 4).
The Firearms (Amendment) (Northern Ireland) Order 1992 (NI 14).The whole Order.
The Criminal Justice and Public Order Act 1994 (c. 33).

Section 123(2).

Section 157(5)(b).

In Part III of Schedule 8 the entries relating to the Firearms (Northern Ireland) Order 1981.

The Firearms (Amendment) (Northern Ireland) Order 1994 (NI 17).The whole Order.
The Armed Forces Act 1996 (c. 46).Section 29.
The Police (Northern Ireland) Act 1998 (c. 32).In Schedule 4, paragraph 15.
The Police (Northern Ireland) Order 2001 (NI 3).Article 4.
The Police Reform Act 2002 (c. 30).Section 81(2).
The Criminal Justice Act 2003 (c. 44).

Section 292.

In section 337(6), the words “sectsion 292 and Schedule 29;”.

Schedule 29.

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