- Latest available (Revised)
- Point in Time (01/10/2007)
- Original (As enacted)
No versions valid at: 01/10/2007
Point in time view as at 01/10/2007. This version of this provision is not valid for this point in time.
Criminal Justice Act 1988, Section 141ZA is up to date with all changes known to be in force on or before 19 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 01/11/2007
(1)This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.
(2)The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.
(3)The Scottish Ministers may in particular—
(a)provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;
(b)increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—
(i)on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;
(ii)on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;
(c)create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.
(4)In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—
(a)the granting, and revocation, by them of authorisations in relation to the acquisition of swords;
(b)enabling them to specify conditions in such authorisations;
(c)requiring persons to whom authorisations are granted to comply with such conditions;
(d)making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.
(5)Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.
(6)The penalty is—
(a)imprisonment for a term not exceeding 12 months; or
(b)a fine not exceeding level 5 on the standard scale,
or both.
(7)The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).]
Textual Amendments
F1S. 141ZA inserted (S.) (1.11.2007) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 61(2), 67; S.S.I. 2007/431, art. 3, Sch.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: