The Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) (Amendment) Regulations 2021

Statutory Instruments

2021 No. 945

Arms And Ammunition

The Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) (Amendment) Regulations 2021

Made

17th August 2021

Coming into force

20th September 2021

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 183(9) and (13) of the Policing and Crime Act 2017(1).

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) (Amendment) Regulations 2021.

(2) These Regulations come into force on 20th September 2021.

(3) These Regulations extend to England and Wales and Scotland.

Amendment of the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021

2.  In regulation 1 of the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021(2), in paragraph (2), for the definition of “the transitional period” substitute—

““the transitional period” means—

(a)

in relation to vintage rifles, punt guns or shot guns with a bore greater than 10, the period of ten months beginning with the commencement date;

(b)

in all other cases, the period of six months beginning with the commencement date.”.

Kit Malthouse

Minister of State

Home Office

17th August 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Policing and Crime Act 2017 (Commencement No. 11 and Transitional Provisions) Regulations 2021 (S.I. 2021/282 (C. 8)) (“the 2021 Regulations”). The 2021 Regulations bring into force section 126 of the Policing and Crime Act 2017 (c. 3) (“the Act”), which amends section 58 of the Firearms Act 1968 (c. 27) (“the 1968 Act”) by introducing a statutory definition of an “antique firearm” and making transitional arrangements in relation to those firearms that no longer fall within the definition of an antique firearm (“former antique firearms”). In particular, section 126 inserts new section 58(2B) in the 1968 Act, which provides that a firearm can be an antique firearm if its chamber or (as the case may be) each of its chambers is designed for use with a cartridge of a description specified in regulations. The Schedule of the Antique Firearms Regulations 2021 (S.I. 2021/215) (“the Antique Firearms Regulations”) specifies the cartridges to which this applies.

The 2021 Regulations make further transitional provisions in respect of former antique firearms, in relation to the commencement of section 126 of the Act and the entry into force of the Antique Firearms Regulations. Regulation 1 of the 2021 Regulations provides a definition of “the transitional period” within which these transitional provisions apply. These Regulations amend that definition to provide for an extended transitional period (of 10 months from the commencement date as defined in the 2021 Regulations) in relation to vintage rifles, punt guns or shot guns with a bore greater than 10, while preserving the original definition (of 6 months from the commencement date) in relation to all other former antique firearms. This is done in order to ensure that the transitional provisions continue to apply to vintage rifles, punt guns or shot guns with a bore greater than 10 pending a proposed amendment to the Antique Firearms Regulations. Should the amendment be approved by Parliament and be made in accordance with section 58(2B)(b) and (2F) of the 1968 Act, it will include those firearms in the Schedule to those Regulations, and so ensure that they fall within scope of the definition of an antique firearm.

(1)

2017 c. 3.

(2)

S.I. 2021/282 (C. 8).