- Latest available (Revised)
- Original (As enacted)
Anti-social Behaviour Act 2003
You are here:
- 2003 c. 38
- Part 5
- Section 39
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Anti-social Behaviour Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 1A inserted by 2008 c. 4 Sch. 20
- s. 11H(1) words substituted by 2011 c. 13 Sch. 16 para. 309(a)
- s. 11H(4)(a) words substituted by 2011 c. 13 Sch. 16 para. 309(b)(i)
- s. 11H(4)(b) words substituted by 2011 c. 13 Sch. 16 para. 309(b)(ii)
- s. 22A inserted by 2006 c. 40 s. 99(3)
- s. 22A text amended by S.I. 2010/1158 Sch. 2 para. 52
- s. 25A 25B inserted by 2006 c. 48 s. 23(1)
- s. 25B heading text amended by S.I. 2010/866 Sch. 2 para. 121(5)
- s. 25B(1) text amended by S.I. 2010/866 Sch. 2 para. 121(2)
- s. 25B(1A) inserted by S.I. 2010/866 Sch. 2 para. 121(3)
- s. 25B(2) text amended by S.I. 2010/866 Sch. 2 para. 121(2)
- s. 25B(5) text amended by S.I. 2010/866 Sch. 2 para. 121(2)
- s. 25B(7)(a) substituted by S.I. 2010/866 Sch. 2 para. 121(4)
- s. 26A-26C inserted by 2006 c. 48 s. 24
- s. 26B text amended by S.I. 2010/866 Sch. 2 para. 122
- s. 26B(8) text amended by 2008 c. 4 s. 125(3)(a)
- s. 26B(8A) inserted by 2008 c. 4 s. 125(3)(b)
- s. 26C(1) text amended by S.I. 2010/866 Sch. 2 para. 123
- s. 28A inserted by 2006 c. 48 s. 25
- s. 43A inserted by 2005 c. 16 s. 28(2)
- s. 43B inserted by 2005 c. 16 s. 29
- s. 54A inserted by 2005 c. 16 s. 32
Commencement Orders yet to be applied to the Anti-social Behaviour Act 2003:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/3079 art. 2 commences (2002 c. 38)
- S.I. 2003/3300 art. 2-4 commences (2003 c. 38)
- S.I. 2004/690 art. 2-4 commences (2003 c. 38)
- S.I. 2004/999 art. 2 commences (2003 c. 38)
- S.I. 2004/1502 art. 2 commences (2003 c. 38)
- S.I. 2004/2168 art. 2-5 commences (2003 c. 38)
- S.I. 2004/2557 art. 2 commences (2003 c. 38)
- S.I. 2004/3238 art. 2 commences (2003 c. 38)
- S.I. 2005/710 art. 2 commences (2003 c. 38)
- S.I. 2005/1225 art. 2 commences (2003 c. 38)
- S.I. 2006/393 art. 2 commences (2003 c. 38)
- S.I. 2006/835 art. 2 amendment to earlier commencing SI 2004/2168 art. 4(1)
- S.I. 2006/1278 art. 2 commences (2003 c. 38)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/1521 art. 2-4 commences (2005 c. 15)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2223 art. 2 commences (2005 c. 17)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/768 art. 2-4 commences (2005 c. 16)
- S.I. 2006/795 art. 2 Sch. 1 2 commences (2005 c. 16)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/2797 art. 2-7 commences (2005 c. 16)
- S.I. 2007/390 art. 2 commences (2005 c. 16)
- S.I. 2007/709 art. 2-4 commences (2006 c. 48)
- S.I. 2007/858 art. 2 3 commences (2006 c. 38)
- S.I. 2007/1614 art. 2 3 commences (2006 c. 48)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/2180 art. 2-4 commences (2006 c. 38)
- S.I. 2007/3371 art. 2 commences (2005 c. 16)
- S.I. 2008/2993 art. 2 commences (2008 c. 4)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/1261 art. 2-4 commences (2008 c. 17)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2011/3019 art. 3 Sch. 1 Comencement Order
Prospective
39Prohibition of certain air weaponsE+W+S
This section has no associated Explanatory Notes
(1)The Firearms Act 1968 (c. 27) shall be amended as follows.
(2)In section 1(3)(b) after “air pistol” insert “ which does not fall within section 5(1) and which is ”.
(3)In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert—
“(af)any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system;”.
(4)If at the time when subsection (3) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)—
(a)section 5(1) of that Act shall not prevent the person’s continued possession of the air rifle, air gun or air pistol,
(b)section 1 of that Act shall apply, and
(c)a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession.
(5)But subsection (4)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).
(6)In section 1 of the Firearms (Amendment) Act 1988 (c. 45)—
(a)in subsection (4), omit the word “or” at the end of paragraph (a) and after paragraph (b) insert— “; or
(c)any air rifle, air gun or air pistol which is not for the time being specified in that subsection but appears to him to be specially dangerous,”, and
(b)after subsection (4) insert—
“(4A)An order under subsection (4)—
(a)may provide for a provision of the principal Act to apply with or without modification or exception in relation to anything added to subsection (1) of section 5 by the order,
(b)may impose conditions in respect of any application, modification or exception provided for by the order (which may, in particular, include provision requiring a person to obtain a certificate in accordance with an enactment referred to or applied by the order),
(c)may make provision generally or by reference to a particular purpose or circumstance,
(d)may confer a function on the Secretary of State or another specified person, and
(e)may make transitional, consequential or incidental provision.”
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print This Section only
You have chosen to open The Whole Act
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?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Legislation is available in different versions:
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.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources