The Knife Dealer’s Licence (Historical Re-enactment Events) (Scotland) Order 2011

Scottish Statutory Instruments

2011 No. 263

Licences And Licensing

The Knife Dealer’s Licence (Historical Re-enactment Events) (Scotland) Order 2011

Made

31st May 2011

Laid before the Scottish Parliament

2nd June 2011

Coming into force

19th August 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 27A(8)(b), 27S(1) and 27S(2) of the Civic Government (Scotland) Act 1982(1) and all other powers enabling them to do so.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Knife Dealer’s Licence (Historical Re-enactment Events) (Scotland) Order 2011 and comes into force on 19th August 2011.

(2) In this Order “the Act” means the Civic Government (Scotland) Act 1982.

Exceptions for certain activities

2.—(1) The activities in this article are not to be taken to be businesses for the purposes of section 27A(4) of the Act.

(2) The selling, hiring, offering or exposing for sale or hire, lending or giving of an arrow but only where that activity is undertaken—

(a) in connection with a historical re-enactment event; and

(b) within the immediate vicinity of a historical re-enactment event.

(3) The selling, hiring, offering or exposing for sale or hire, lending or giving of an article within the meaning of section 27A(2) of the Act but only where that activity is undertaken—

(a) in connection with a historical re-enactment event; and

(b) within the immediate vicinity of a historical re-enactment event.

(4) In this article—

“arrow” means an arrow designed or adapted for use in the sport of archery; and

“historical re-enactment event” means an educational or entertainment event, to which members of the public are admitted on payment of money or money’s worth, and in which participants attempt to recreate aspects of a historical event or period (which includes, but is not limited to, battle re-enactment and combat demonstrations).

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

31st May 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes exceptions to the requirement for a knife dealer’s licence under section 27A of the Civic Government (Scotland) Act 1982 (“the Act”).

Article 2 specifies exceptions to the activities which are regarded as a business under section 27A(4) of the Act.

Article 2(2) excludes the selling, hiring, offering or exposing for hire, lending or giving of an arrow, used in archery, where these activities are carried on in connection with a historical re‑enactment event and which take place in the immediate vicinity of that event.

Article 2(3) excludes the selling, hiring, offering or exposing for hire, lending or giving of an article within the meaning of section 27A(2) of the Act where these activities are carried on in connection with a historical re-enactment event and which take place in the immediate vicinity of that event.

Article 2(4) defines “historical re-enactment event”.

(1)

1982 c.45. Sections 27A and 27S were inserted by section 58 of the Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17).