The Firearms (Fees) Regulations 2019

Statutory Instruments

2019 No. 1169

Arms And Ammunition

The Firearms (Fees) Regulations 2019

Made

22nd July 2019

Laid before Parliament

25th July 2019

Coming into force

1st October 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 32ZA of the Firearms Act 1968(1) and section 15B of, and paragraph 3A of the Schedule to, the Firearms (Amendment) Act 1988(2).

PART 1 Introductory

Citation, commencement and application

1.—(1) These Regulations may be cited as the Firearms (Fees) Regulations 2019 and come into force on 1st October 2019.

(2) These Regulations do not apply in relation to an application made before 1st October 2019 for—

(a) an authority under section 5 of the Firearms Act 1968 (authority to possess, manufacture, sell etc. prohibited weapons or prohibited ammunition)(3);

(b) an approval under section 15 of the Firearms (Amendment) Act 1988 (approved rifle clubs and muzzle-loading pistol clubs)(4); or

(c) a licence under the Schedule to the Firearms (Amendment) Act 1988 (licence for firearms and ammunition in museums)(5).

PART 2 Fees relating to authority under section 5 of the Firearms Act 1968

Interpretation of this Part

2.  In this Part—

“carrier authority” means an authority granted under section 5 of the Firearms Act 1968 in relation to a person carrying on business transporting prohibited weapons or prohibited ammunition;

“competitive shooting authority” means an authority under section 5 of the Firearms Act 1968 granted in relation to a person training for, or competing in, a sporting competition;

“dealer authority” means an authority under section 5 of the Firearms Act 1968 granted in relation to a firearms dealer(6), except where the authority is granted to a museum which holds a licence under the Schedule to the Firearms (Amendment) Act 1988;

“exhibitor authority” means an authority granted under section 5 of the Firearms Act 1968 in relation to a person exhibiting prohibited weapons or prohibited ammunition at an arms fair held in England, Wales or Scotland;

“maritime security authority” means an authority granted under section 5 of the Firearms Act 1968 in relation to a person carrying on business providing on-board, armed protection to ships or other sea-going vessels;

“trophy of war authority” means an authority granted under section 5 of the Firearms Act 1968 authorising a person to temporarily possess a firearm which was acquired as a trophy of war.

Authority to require payment of fees in connection with authorities for prohibited weapons under section 5 of the Firearms Act 1968

3.—(1) The appropriate national authority(7) may require payment of a fee before a relevant section 5 authority is granted, varied or renewed.

(2) “Relevant section 5 authority” means—

(a) a dealer authority;

(b) a carrier authority;

(c) an exhibitor authority;

(d) a maritime security authority;

(e) a trophy of war authority;

(f) a competitive shooting authority.

Fees payable in connection with an authority to purchase, sell, manufacture etc. prohibited weapons under section 5 of the Firearms Act 1968

4.—(1) Where, in accordance with regulation 3, the appropriate national authority requires payment of a fee in relation to a dealer authority, the amount of the fee is—

(a) before a dealer authority is granted, £796.00;

(b) before a dealer authority is renewed, £747.00;

(c) before a dealer authority is varied, the aggregate of the following amounts—

(i) where there is to be at least one type A variation, £425.00;

(ii) where there is to be at least one type B variation, £206.00; and

(iii) where there is to be at least one type C variation, £36.00.

(2) The types of variations referred to in paragraph (1)(c) are—

1. Type	2. Variation
A	Substitution of the premises in relation to which the authority is granted
A	Addition of premises in relation to which the authority is granted
A	Change, other than a reduction, to the authorised quantities of prohibited weapons
A	Change, other than a reduction, to the authorised quantities of prohibited ammunition
A	Change to the authorised type of prohibited weapons
A	Change to the authorised type of prohibited ammunition
A	Change to an activity carried on by the firearms dealer in relation to which the authority has been granted
B	Substitution of person named on the authority
B	Addition of person named on the authority
C	Any other variation.

Fees payable in connection with an authority to transport prohibited weapons under section 5 of the Firearms Act 1968

5.—(1) Where, in accordance with regulation 3, the appropriate national authority requires payment of a fee in relation to a carrier authority, the amount of the fee is—

(a) before a carrier authority is granted, £569.00;

(b) before a carrier authority is renewed, £540.00;

(c) before a carrier authority is varied, the aggregate of the following amounts—

(i) where there is to be at least one type A variation, £361.00;

(ii) where there is to be at least one type B variation, £206.00; and

(iii) where there is to be at least one type C variation, £36.00.

(2) The types of variations referred to in paragraph (1)(c) are—

1. Type	2. Variation
A	Substitution of the premises in relation to which the authority is granted
A	Addition of premises in relation to which the authority is granted
B	Substitution of person named on the authority
B	Addition of person named on the authority
C	Any other variation.

Fees payable in connection with an authority for private maritime security companies for prohibited weapons under section 5 of the Firearms Act 1968

6.—(1) Where, in accordance with regulation 3, the appropriate national authority requires payment of a fee in relation to a maritime security authority, the amount of the fee is—

(a) before a maritime security authority is granted, £616.00;

(b) before a maritime security authority is renewed, £565.00;

(c) before a maritime security authority is varied, the aggregate of the following amounts—

(i) where there is to be at least one—

(aa) type A variation, £361.00;

(bb) type B variation, £206.00;

(cc) type C variation, £49.00; and

(dd) type D variation, £316.00; and

(ii) additionally, where there is a type D variation, for each armed guard for whom approval is sought, £48.00.

(2) The types of variations referred to in paragraph (1)(c) are—

1. Type	2. Variation
A	Substitution of the premises where prohibited weapons or prohibited ammunition are stored
A	Addition of premises where prohibited weapons or prohibited ammunition are stored
A	Change, other than a reduction, to the authorised quantities of prohibited weapons, but only when not accompanied by a type D variation
A	Change to the authorised type of prohibited weapons
B	Substitution of the person named on the authority
B	Addition of person named on the authority
C	Any other variation, except for a type D variation
D	Approval of armed guard.

(3) In this regulation—

“armed guard” means a person authorised to possess, acquire and transfer prohibited weapons or prohibited ammunition under a maritime security authority.

Fee payable in connection with authority under section 5 of the Firearms Act 1968 to possess a trophy of war

7.  Where, in accordance with regulation 3, the appropriate national authority requires payment of a fee before a trophy of war authority is granted, the amount of the fee is £206.00.

Fee payable in connection with authority under section 5 of the Firearms Act 1968 to exhibit at an arms fair

8.  Where, in accordance with regulation 3, the appropriate national authority requires payment of a fee before an exhibitor authority is granted, the amount of the fee is £389.00.

Fee payable in connection with authority under section 5 of the Firearms Act 1968 for competitive shooting

9.  Where, in accordance with regulation 3, the appropriate national authority requires payment of a fee before a competitive shooting authority is granted, the amount of the fee is £206.00.

Discount applicable to certain section 5 applications

10.—(1) This regulation applies where—

(a) a person has applied for a qualifying authority to be granted or renewed;

(b) the appropriate national authority requires payment of a qualifying fee before the authority is granted or renewed; and

(c) the person has, in connection with the person’s application for a qualifying authority to be granted or renewed, also made an application to be a registered firearms dealer under section 33 of the Firearms Act 1968(8).

(2) Where this regulation applies, the qualifying fee is reduced by the amount of the fee payable on the registration of the person as a firearms dealer, specified in section 35(1) of the Firearms Act 1968.

(3) In this regulation—

“qualifying authority” means—

(a)

a dealer authority;

(b)

a maritime security authority; or

(c)

an exhibitor authority;

“qualifying fee” means the fee specified in—

(a)

regulation 4(1)(a) or (b) (grant or renewal of dealer authority);

(b)

regulation 6(1)(a) or (b) (grant or renewal of maritime security authority); or

(c)

regulation 8 (grant of exhibitor authority).

PART 3 Fees relating to approval under section 15 of the Firearms (Amendment) Act 1988

Fees in connection with approvals for rifles and ammunition under section 15 of the Firearms (Amendment) Act 1988

11.—(1) The appropriate national authority(9) may require payment of a fee before an approval under section 15 of the Firearms (Amendment) Act 1988 (approved rifle clubs and muzzle-loading pistol clubs) is granted, varied or renewed.

(2) Where, in accordance with paragraph (1), the appropriate national authority requires payment of a fee, the amount of the fee is—

(a) before an approval is granted, £444.00;

(b) before an approval is renewed, £372.00;

(c) before an approval is varied, the aggregate of the following amounts—

(i) where there is to be at least one type A variation, £300.00;

(ii) where there is to be at least one type B variation, £206.00; and

(iii) where there is to be at least one type C variation, £36.00.

(3) The types of variations referred to in paragraph (1)(c) are—

1. Type	2. Variation
A	Substitution of the premises in relation to which the approval is granted
A	Addition of premises in relation to which the approval is granted
A	Addition of type of rifle to the approval
A	Addition of muzzle-loading pistol to the approval
B	Substitution of the person named on the approval
B	Addition of person named on the approval
C	Any other variation.

PART 4 Fees relating to a licence under the Schedule to the Firearms (Amendment) Act 1988

Fees in connection with licences for firearms and ammunition in museums under the Schedule to the Firearms (Amendment) Act 1988

12.—(1) The appropriate national authority(10) may require payment of a fee before a licence under the Schedule to the Firearms (Amendment) Act 1988 (firearms and ammunition in museums) is granted, varied or renewed.

(2) Where, in accordance with paragraph (1), the appropriate national authority requires payment of a fee, the amount of the fee is—

(a) before a licence is granted, £200.00;

(b) before a licence is renewed, £200.00;

(c) before a licence is varied, the aggregate of the following amounts—

(i) where there is to be at least one type A variation, £110.00; and

(ii) where there is to be at least one type C variation, £36.00.

(3) The types of variations referred to in paragraph 2(c) are—

1. Type	2. Variation
A	Substitution of the premises in relation to which the licence is granted
A	Addition of premises in relation to which the licence is granted
C	Any other variation.

Nick Hurd

Minister of State

Home Office

22nd July 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations authorise the Secretary of State and the Scottish Ministers to require the payment of a fee before an authority under section 5 of the Firearms Act 1968 (a “section 5 authority”), an approval under section 15 of the Firearms (Amendment) Act 1988 and a licence under the Schedule to the Firearms (Amendment) Act 1988 is granted, varied or renewed.

Regulation 3 authorises the Secretary of State and the Scottish Ministers to require the payment of a fee before a section 5 authority is granted, varied or renewed.

Regulation 4 provides the amounts of the fees where a section 5 authority is granted in relation to a person who, in the course of their business trades, manufactures, repairs, deactivates, tests or proves prohibited weapons or prohibited ammunition.

Regulation 5 provides the amounts of the fees where a section 5 authority is granted in relation to a person carrying on business transporting prohibited weapons or prohibited ammunition.

Regulation 6 provides the amounts of the fees where a section 5 authority is granted in relation to a person carrying on business providing on-board, armed protection to ships or other sea-going vessels.

Regulation 7 provides the amounts of the fees where a section 5 authority is granted authorising a person to temporarily possess a firearm which was acquired as a trophy of war.

Regulation 8 provides the amounts of the fees where a section 5 authority is granted in relation to a person exhibiting prohibited weapons or prohibited ammunition at a single, named arms fair held in England, Wales or Scotland.

Regulation 9 provides the amounts of the fees where a section 5 authority is granted in relation to a person training for, or competing in, a named sporting competition.

Regulation 10 provides that a discount is applicable to certain fees for certain section 5 authorities where an application to be a registered firearms dealer is made in connection with the authority. The discount is to be the same amount as the amount payable on the registration of the person making the application as a firearms dealer.

Regulation 11(1) authorises the Secretary of State and the Scottish Ministers to require the payment of a fee before an approval under section 15 of the Firearms (Amendment) Act 1988 is granted, varied or renewed. A section 15 licence is one which may be granted to a rifle club or muzzle-loading piston club. Regulation 11(2) provides the amounts of the fees.

Regulation 12(1) authorises the Secretary of State and the Scottish Ministers to require the payment of a fee before a licence under the Schedule to the Firearms (Amendment) Act 1988 is granted, varied or renewed. A licence under the Schedule to the Firearms (Amendment) Act 1988 is one which may be granted to a museum. Regulation 12(2) provides the amounts of the fees.

A full impact assessment of the effect that these Regulations will have on the costs of business, the voluntary sector and the public sector is available from www.gov.uk. Hard copies can be obtained by writing to the Serious Violence Unit, Home Office, 2 Marsham Street, SW1P 4DF.

(1)

1968 c. 27. Section 32ZA was inserted by section 132 of the Policing and Crime Act 2017 (c. 3).

(2)

1988 c. 45. Section 15B and paragraph 3A of the Schedule were inserted by section 132 of the Policing and Crime Act 2017.

(3)

Section 5 was amended by section 1 of the Firearms (Amendment) Act 1988 (c. 45), section 1 of, and paragraph 1 of Schedule 3 to, the Firearms (Amendment) Act 1997 (c. 5), section 39 of the Anti-social Behaviour Act 2003 (c. 38), sections 108 and 109 of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), section 129 of the Policing and Crime Act 2017 (c. 3), and S.I. 1992/2823.

(4)

Section 15 was amended by section 45 of the Firearms (Amendment) Act 1997 and S.I. 1999/1750.

(5)

The Schedule was amended by section 47 of, and paragraph 19 of Schedule 2 to, the Firearms (Amendment) Act 1997 and section 132 of the Policing and Crime Act 2017 and S.I. 1999/1750.

(6)

For the meaning of “firearms dealer” see section 57(4) of the Firearms Act 1968.

(7)

For the definition of “appropriate national authority” see section 32ZA(7) of the Firearms Act 1968.

(8)

Section 33 was amended by section 13 of the Firearms (Amendment) Act 1988 and section 42 of the Firearms (Amendment) Act 1997.

(9)

For the definition of “appropriate national authority” see section 15B(7) of the Firearms (Amendment) Act 1988.

(10)

For the definition of “appropriate national authority” see paragraph 3A(7) of the Schedule to the Firearms (Amendment) Act 1988.