The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 2 and Transitional Provisions) Order 2016

Transitional provision: section 67 of the 2015 Act

5.—(1) Where a person who, on or after 1st September 2016, would not require a metal dealers licence but for the commencement of section 67 of the 2015 Act, does anything for which such a licence is required, that person is not guilty of an offence under section 7(1) of the 1982 Act for failure to have such a licence if—

(a) that person has been issued with an exemption warrant or a temporary exemption warrant under section 29 of the 1982 Act that remains in force on 1st September 2016;

(b) that person has, before 1st June 2016, applied to the licensing authority for the grant of a metal dealers licence; and

(c) the application has, through no failure on the part of that person, not been finally determined.

(2) For the purposes of paragraph (1)(c), an application is finally determined when—

(a) it is granted;

(b) it is withdrawn; or

(c) it is refused by the licensing authority and either—

(i) the period of 28 days specified in paragraph 18(4) of Schedule 1 to the 1982 Act expires without an appeal against the refusal being made to the sheriff; or

(ii) an appeal against a refusal is withdrawn or dismissed and there is no further right of appeal.