Explanatory Notes

Air Weapons and Licensing (Scotland) Act 2015

2015 asp 10

4 August 2015

Structure and Summary of the Act

Part 1 – Air Weapons

General

Section 37 – Crown application

124.This section exempts the Crown from criminal liability for any contravention of a provision made by or under Part 1 of the Act. Enforcement against the Crown is restricted to one of the authorities named in subsection (2) seeking a declarator of unlawfulness in the Court of Session. Subsection (3) makes it clear, though, that this exemption does not extend to persons in the public service of the Crown. Instead, paragraph 17 of schedule 1 exempts certain public servants from the requirement to hold an air weapon certificate when dealing with air weapons in the course of their duties.