The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010

This sectionnoteType=Explanatory Memorandum has no associated

12.  (1)  Amend Schedule 2 (firearms and ammunition in museums) as follows.

(2) In paragraph 2—

(a)in sub-paragraph (2) after “While a licence” insert “granted by the Department of Justice”;

(b)omit the word “and” at the end of sub-paragraph (2)(a);

(c)omit sub-paragraph (2)(b);

(d)in sub-paragraph (3) for “he” substitute “the Department of Justice”;

(e)in sub-paragraphs (4) and (5) after “licence” insert “granted by the Department of Justice”.

(3) In paragraph 3—

(a)in sub-paragraph (1)(a) for “held” substitute “granted by the Department of Justice”;

(b)in sub-paragraph (2) for “him” substitute “the Department of Justice”;

(c)in sub-paragraph (3) for “held” substitute “granted by the Department of Justice”;

(d)in sub-paragraph (3)(a) for “he” substitute “the Department of Justice”;

(e)in sub-paragraph (4) after “licence” (where it first occurs) insert “granted by the Department of Justice”;

(f)in sub-paragraph (4) for “him” substitute “the Department of Justice”.

(4) After paragraph 3 insert—

Secretary of State’s power to grant museum firearms licences

3A.  (1)  The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.

(2) While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence.

(3) The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace.

(4) Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.

(5) In paragraph 4 after “licence” insert “by the Department of Justice”.

(6) In paragraph 5—

(a)in sub-paragraph (1) for “the licence” substitute “a licence”;

(b)in sub-paragraph (2) after “paragraph 3” insert “(including as applied by paragraph 3A(4))”.

(7) A licence in force under Schedule 2 immediately before the coming into force of this Order which does not contain any provision within what was paragraph 2(2)(b) of Schedule 2 (before its repeal by sub-paragraph (2)(c) above) continues in force as if granted by the Department of Justice under paragraph 2 of Schedule 2.

(8) Any other licence in force under Schedule 2 immediately before the coming into force of this Order continues in force ignoring any amendments of Schedule 2 made by this Order and paragraph 13 below.