- Latest available (Revised)
- Original (As enacted)
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:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Violent Crime Reduction Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
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.
6(1)In paragraphs 4 and 5 “realistic imitation firearm” means an imitation firearm which—N.I.
(a)has an appearance that is so realistic as to make it indistinguishable, for all practical purposes, from a real firearm; and
(b)is neither a de-activated firearm nor itself an antique.
(2)For the purposes of this paragraph, an imitation firearm is not (except by virtue of sub-paragraph (3)(b)) to be regarded as distinguishable from a real firearm for any practical purpose if it could be so distinguished only—
(a)by an expert;
(b)on a close examination; or
(c)as a result of an attempt to load or to fire it.
(3)In determining for the purposes of this paragraph whether an imitation firearm is distinguishable from a real firearm—
(a)the matters that must be taken into account include any differences between the size, shape and principal colour of the imitation firearm and the size, shape and colour in which the real firearm is manufactured; and
(b)the imitation is to be regarded as distinguishable if its size, shape or principal colour is unrealistic for a real firearm.
(4)The Secretary of State may by regulations provide that, for the purposes of sub-paragraph (3)(b)—
(a)the size of an imitation firearm is to be regarded as unrealistic for a real firearm only if the imitation firearm has dimensions that are less than the dimensions specified in the regulations; and
(b)a colour is to be regarded as unrealistic for a real firearm only if it is a colour specified in the regulations.
(5)The power of the Secretary of State to make regulations under this paragraph shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6)That power includes power—
(a)to make different provision for different cases;
(b)to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and
(c)to make such incidental, supplemental, consequential and transitional provision as he thinks fit.
(7)In this paragraph—
“colour” is to be construed in accordance with sub-paragraph (9);
“de-activated firearm” means an imitation firearm that consists in something which—
was a firearm; but
has been so rendered incapable of discharging a shot, bullet or other missile as no longer to be a firearm;
“real firearm” means—
a firearm of an actual make or model of modern firearm (whether existing or discontinued); or
something falling within a description which could be used for identifying, by reference to their appearance, the firearms falling within a category of actual modern firearms which, even though they include firearms of different makes or models (whether existing or discontinued) or both, all have the same or a similar appearance.
(8)In sub-paragraph (7) “modern firearm” means any firearm other than one the appearance of which would tend to identify it as having a design and mechanism of a sort first dating from before the year 1870.
(9)References in this paragraph, in relation to an imitation firearm or a real firearm, to its colour include references to its being made of transparent material.
(10)Article 2(7) of the Firearms Order (under which firearms are deemed to be deactivated if they are appropriately marked) applies for the purposes of this paragraph as it applies for the purposes of that Order.
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: