The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 3 and Transitional Provisions) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the Act”) regarding the licensing and regulation of air weapons. It also makes related transitional provisions.

The Order brings the air weapons licensing regime under Part 1 of the Act partially into force on 1st July 2016, and fully into force on 31st December 2016. From 31st December 2016, it will be an offence under section 2 of the Act for a person to use, possess, purchase or acquire an air weapon without holding an air weapon certificate (unless any of the exemptions in schedule 1 to the Act apply).

Article 2 brings into force, on 1st July 2016, the provisions specified in the Schedule to the Order (some of which are brought partially into force for limited purposes only). These include provisions that enable applications for air weapon certificates, police permits, visitor permits and event permits to be made and determined, and for such certificates and permits to be granted, before 31st December 2016. They also provide for any such air weapon certificates, police permits and visitor permits to be subsequently varied or revoked, if required, before 31st December 2016. Other provisions coming into force on 1st July 2016 include those relating to air weapon clubs and cancellation of air weapon certificates, as well as certain offence-related and general provisions.

Article 3 brings into force, on 31st December 2016, Part 1 of the Act in so far as not already in force, as well as the minor and consequential amendments and repeals in Part 1 of schedule 2 to the Act.

Articles 4 to 6 make specific transitional provision so that –

(a) a person who possesses an air weapon without holding an air weapon certificate, on or after 31st December 2016, does not commit an offence if the person has applied for an air weapon certificate or police permit, before 1st November 2016, but that application has not yet been finally determined by the time section 2 of the Act comes fully into force on 31st December 2016;

(b) an air weapon certificate, police permit, visitor permit or event permit granted before 31st December 2016 does not take effect until that date (except for the purpose of any earlier variation, revocation or cancellation), ensuring that any conditions restricting a person’s possession and use (etc.) of an air weapon do not apply until section 2 of the Act comes fully into force on 31st December 2016;

(c) the revocation of an air weapon certificate, police permit or visitor permit before 31st December 2016 does not result in the holder of the certificate or permit being required to surrender any air weapons that the holder possesses in advance of section 2 of the Act coming fully into force on that date (although, depending on the circumstances leading to the revocation, the enforcement powers under the Firearms Act 1968 (c.27) may still apply).

The Bill for the Act received Royal Assent on 4th August 2015. Sections 60(1) and (2), 84, 85, 86, 88 and 89 of the Act came into force on the following day.