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The Firearms (Amendment) Act 1988 (Commencement No. 2) Order 1989

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Statutory Instruments

1989 No. 853 (C.23)

ARMS AND AMMUNITION

The Firearms (Amendment) Act 1988 (Commencement No. 2) Order 1989

Made

17th May 1989

In exercise of the powers conferred on me by section 27(3) of the Firearms (Amendment) Act 1988(1), I hereby make the following Order:

1.  This Order may be cited as the Firearms (Amendment) Act 1988 (Commencement No. 2) Order 1989.

2.  In this Order “the 1968 Act” means the Firearms Act 1968(2)and “the 1988 Act” means the Firearms (Amendment) Act 1988.

3.  Subject to the provisions of this Order–

(a)the provisions of the 1988 Act specified in Part I of the Schedule to this Order shall come into force on 1st July 1989, and

(b)the provisions of the 1988 Act specified in Part II of that Schedule shall come into force on 1st October 1989.

4.  Where immediately before 1st July 1989 a person lawfully has a smooth-bore gun in his possession by virtue of a shot gun certificate held by him, sections 2(1) and (2) and 7(2) of the 1988 Act (which relate, respectively, to the re-definition of shot guns exempted from section 1 of the 1968 Act and to the conversion of a weapon to which that section applies) shall not have effect until 1st February 1990 in relation to the possession of the gun by that person and the gun shall be regarded until that date as a shot gun for the purposes of the renewal of any shot gun certificate held by him.

5.  Section 3(2) of the 1988 Act (shot gun certificate to describe guns to which it relates) shall not have effect, in relation to a shot gun certificate granted or renewed before 1st July 1989, during the period for which the certificate was so granted or renewed.

6.  Where a person holds a shot gun certificate which was granted or renewed before 1st July 1989, section 4(2)(b) and (3) of the 1988 Act (notification of transfers of shot guns) shall not have effect, in relation to the transfer of a shot gun to or by that person, during the period for which the certificate was so granted or renewed.

7.  Section 20(1) and (2) of the 1988 Act (amendment of section 6 of the 1968 Act in respect of the power to control the movement of arms and ammunition between Great Britain and Northern Ireland) shall come into force on 1st July 1989 for the purpose of enabling the Secretary of State to make an order under subsection (1A) of section 6 of the 1968 Act, being an order which is expressed to come into force on 1st October 1989.

8.  Section 23(8) of the 1988 Act (repeal of section 14 of the 1968 Act—exemption for persons temporarily in Great Britain) shall not have effect, in relation to a person who is in Great Britain on 1st October 1989, until 31st October 1989.

Douglas Hurd One of Her Majesty’s Principal Secretaries of State

Home Office

17th May 1989

SCHEDULE

PART I

provisions of the 1988 act coming into force on 1st July 1989

Provisions of the ActSubject matter of provisions
Section 2Re-definition of exempted shot guns
Section 3Grant and renewal of shot gun certificates
Section 4Transfers of shot guns
Section 5Restriction on sale of ammunition for smooth-bore guns
Section 6Shortening of barrels
In section 7, subsections (2) and (3)Conversion of weapon to which section 1 of the 1968 Act applies not to affect classification
Section 11Grant of co-terminous certificates
In section 13, subsection (1)Firearms dealers
Section 15Rifle and pistol clubs
Section 19Firearms and ammunition in museums
In section 23, subsections (4), (5) and (6)Minor and consequential amendments
In section 24, subsection (2)Fees received by the Secretary of State

PART IIprovisions of the 1988 act coming into force on 1st october 1989

Provisions of the ActSubject matter of provisions
Section 17Visitors' permits
Section 18Firearms acquired for export
Section 20Removal of arms and ammunition to Northern Ireland
In section 23, subsection (8)Repeal of section 14 of the 1968 Act

Explanatory Note

(This note is not part of the Order)

This Order brings into force those provisions of the Firearms (Amendment) Act 1988 which were not brought into force by the Firearms (Amendment) Act 1988 (Commencement No. 1) Order 1988 (S.I. 1988/2209). Subject to certain transitional provisions made by the Order, the provisions specified in Part I of the Schedule are brought into force on 1st July 1989 and the provisions specified in Part II of the Schedule are brought into force on 1st October 1989.

Article 4 postpones the coming into force of the provisions whose effect is to require a firearm certificate in respect of certain smooth-bore guns so that persons who, immediately before 1st July 1989, lawfully possess such guns by virtue of a shot gun certificate may continue so to possess them until 1st February 1990. Article 5 provides that the provision requiring a shot gun certificate to describe the guns to which it relates shall not have effect, in relation to a certificate granted or renewed before 1st July 1989, during the period for which the certificate was so granted or renewed. Article 6 provides that the provision requiring notification of transfers of shot guns shall not have effect, in relation to a transfer to or from a person whose certificate was granted or renewed before 1st July 1989, during the period for which the certificate was so granted or renewed. Article 7 provides for the amendment of section 6 of the Firearms Act 1968 (control of movement of firearms and ammunition between Great Britain and Northern Ireland) to come into force on 1st July 1989 for the purpose of enabling an order to be made, under the amended provision, to come into force on 1st October 1989. Article 8 postpones until 31st October 1989 the repeal of the exemption in section 14 of the Firearms Act 1968 (from the requirement to hold a shot gun certificate), for persons temporarily in Great Britain, but only in respect of those who are already in Great Britain on 1st October 1989.

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