2016 No. 130 (C. 13)
The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Order in exercise of the powers conferred by section 88(2) and (3) of the Air Weapons and Licensing (Scotland) Act 20151.
Citation, commencement and interpretation1
1
This Order may be cited as the Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016 and comes into force on 1st July 2016.
2
In this Order—
“advance application” means, in relation to an application for the grant of an air weapon certificate or a permit under Part 1 of the Act, an application made before 31st December 2016 (being the day appointed for the coming into force of the requirement for an air weapon certificate under section 2 of the Act);
“the Act” means the Air Weapons and Licensing (Scotland) Act 2015.
Provisions which come into force on 1st July 20162
1
1st July 2016 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in the Schedule (the subject matter of which is described in column 2 of that table).
2
Where a purpose is specified in column 3 of that table in relation to any provision specified in column 1, that provision comes into force on 1st July 2016 for that purpose only.
Provisions which come into force on 31st December 20163
31st December 2016 is the day appointed for the coming into force of the following provisions of the Act—
a
Part 1 (air weapons), including schedule 1 (exemptions), in so far as not already in force;
b
section 87 (minor and consequential amendments and repeals), but only for the purpose of giving effect to Part 1 of schedule 2; and
c
Part 1 of schedule 2 (which makes minor and consequential amendments and repeals relating to Part 1 of the Act).
Transitional provision: the requirement for an air weapon certificate4
1
Despite article 3(a), it is not an offence under section 2(1) of the Act for a person on or after 31st December 2016 to possess (but not to use, purchase or acquire) an air weapon without holding an air weapon certificate if—
a
the person has, before 1st November 2016, made an application for the grant of an air weapon certificate under section 3 of the Act or (as the case may be) a police permit under section 12 of the Act; and
b
the application has, through no failure on the person’s part, not yet been finally determined.
2
For the purpose of paragraph (1)(b), an application is finally determined when—
a
it is granted;
b
it is withdrawn; or
c
it is refused and either—
i
the time limit for appeal against refusal expires without an appeal having been made; or
ii
an appeal against refusal is dismissed or withdrawn and there is no further right of appeal.
Transitional provision: certificates and permits granted before 31st December 20165
Where an air weapon certificate, a police permit, a visitor permit or an event permit is granted under Part 1 of the Act before 31st December 2016, it does not take effect until that date (except, where applicable, for the purpose of any earlier variation, revocation or cancellation of the certificate or (as the case may be) permit under that Part).
Transitional provision: certificates and permits revoked before 31st December 20166
If, before 31st December 2016, the chief constable gives notice under section 11(3) or 16(1)(d) of the Act that an air weapon certificate, a police permit or (as the case may be) a visitor permit is revoked, the date which may be specified in the notice for the purposes of section 11(4)(b) or (as the case may be) 16(5)(b) must be no earlier than 31st December 2016.
SCHEDULEPROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1ST JULY 2016
Column 1 Provisions of the Act | Column 2 Subject matter | Column 3 Purpose |
---|---|---|
Sections 3, 4, 5, 6(1) to (3), 7, 8(1), 9(1) and (2), 10 and 11(1) to (4) and (7) | Air weapon certificates | For the purposes of— |
| ||
Sections 12, 13, 14, 15(1) to (3), 16(1) to (5) and (8) and 17(1), (2), (6) and (7) | Permits | For the purposes of— |
| ||
Sections 18, 19, 20, 21 and 22 | Air weapon clubs | |
Section 28 | Cancellation of air weapon certificate | |
Section 31(1) and (3) | False statements, certificates and permits | |
Section 32 | Time limit for offences | |
Section 33 | Offences by bodies corporate etc. | |
Section 34 (other than subsection (2)(n)) | Appeals | |
Section 35(3) | Fees | |
Section 37 | Crown application | |
Section 39(1) | Guidance |
(This note is not part of the Order)
(This note is not part of the Order)
The following provisions of the Act have been, or are due to be, brought into force by commencement orders made before the date of this Order.
Provision | Date of Commencement | S.S.I.No. |
---|---|---|
Section 1 | 1st December 2015 | |
Section 2(4) | 1st December 2015 | |
Sections 35(1), (2) and (4) | 1st December 2015 | |
Section 36 | 1st December 2015 | |
Section 39(2) and (3) | 1st December 2015 | |
Section 40 | 1st December 2015 | |
Section 56 (partially) | 1st December 2015 | |
Section 65(1), (2), (4) and (5) | 1st December 2015 | |
Sections 66 to 69 | 1st September 2016 | |
Section 70(1) and (3) (partially) | 1st December 2015 | |
Section 70 in so far as not already in force | 1st September 2016 | |
Section 72 (partially) | 16th March 2016 | |
Section 72 in so far as not already in force | 1st September 2016 | |
Section 73 | 1st December 2015 | |
Section 76(1) and (3) (partially) | 1st December 2015 | |
Section 79 | 1st December 2015 | |
Section 80(1) and (2) (partially) | 1st December 2015 |