The Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) Order 2014

Statutory Instruments

2014 No. 2522

Arms And Ammunition

The Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) Order 2014

Made

18th September 2014

Coming into force in accordance with article 1

The Secretary of State, in exercise of the powers conferred by section 181(2) of the Anti-social Behaviour, Crime and Policing Act 2014(1), makes the following Order.

In accordance with section 182(2) of that Act, a draft of this Order has been laid before both Houses of Parliament and approved by a resolution of each House.

Citation and commencement

1.  This Order may be cited as the Anti-social Behaviour, Crime and Policing Act 2014 (Consequential Amendments) Order 2014 and comes into force on the day after the day on which it is made.

Amendment to the Firearms Act 1968

2.—(1) The Firearms Act 1968(2) is amended as follows.

(2) In section 21(6)(3) (possession of firearms by persons previously convicted of crime), before “(3)” insert “(2C),”.

Norman Baker

Minister of State

Home Office

18th September 2014

EXPLANATORY NOTE

(This note is not part of the Order)

Article 2 of this Order amends section 21(6) of the Firearms Act 1968. Section 21 deals with the prohibition on possession of firearms by persons previously convicted of criminal offences. Section 21(6) provides for a statutory right to apply to a court for the removal of the prohibition.

The effect of the amendment is that a right to apply to a court for the removal of the statutory prohibition will be conferred in cases where the individual concerned has received a suspended sentence of a minimum of 3 months duration. This amendment is consequential upon the provision in section 110(1) of the Anti-social Behaviour, Crime and Policing Act 2014, which amends section 21 of the Firearms Act 1968 by inserting a new subsection (2C) to apply the prohibition to suspended sentences cases.

(3)

Section 21(2C) is inserted by section 110(1) of the Anti-social Behaviour, Crime and Policing Act 2014. Section 21(6) was amended by: section 56(2) of and Schedule 9 to the Courts Act 1971 (c. 23), section 29 of the Criminal Justice Act 1972 (c. 71), section 304 of and paragraphs 11 and 12 of Schedule 32 to the Criminal Justice Act 2003 (c. 44), and section 89(2) of and paragraph 3(c) of Schedule 10 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10).