Search Legislation

Justice Act (Northern Ireland) 2016

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Justice Act (Northern Ireland) 2016, SCHEDULE 5. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Section 58.

SCHEDULE 5N.I.AMENDMENTS OF THE FIREARMS (NORTHERN IRELAND) ORDER 2004

This schedule has no associated Explanatory Notes

Part 1 N.I.Firearms - Persons under 18

Authorisation of shotgun clubs to allow use of shotguns by persons under the age of 16N.I.

1—(1) In Article 2(2) (interpretation), after the definition of “shotgun certificate” insert—N.I.

shotgun club” means a club established for the purpose of promoting and practising skill in the use of shotguns;.

(2) In the heading to Part 6, add at the end “ AND SHOTGUN CLUBS ”.

(3) After the heading to Part 6 add— “ Firearms clubs ”.

(4) After Article 50 insert—

Shotgun clubsN.I.
Authorisation of shotgun clubs to allow use of shotguns by minors for limited purposes

50A(1) If the Chief Constable is satisfied that there will not be a danger to public safety or to the peace, the Chief Constable may, on payment of the appropriate fee, grant an authorisation for a shotgun club to allow persons under the age of 16 who have attained the age of 12 to use shotguns under appropriate supervision in accordance with the authorisation.

(2) An authorisation must state that it is limited to the use of shotguns for clay target shooting or for such other purposes as may be prescribed.

(3) The Chief Constable may at any time by notice in writing—

(a)attach conditions to an authorisation;

(b)vary or revoke conditions attached under this Article.

(4) An authorisation shall continue in force for a period of five years from the date on which it is granted but if the Chief Constable is satisfied that there is a danger to public safety or to the peace, the Chief Constable may revoke the authorisation.

(5) Any person who—

(a)operates a shotgun club which allows a person under the age of 16 to use a shotgun except in accordance with an authorisation, or

(b)contravenes any condition of an authorisation,

shall be guilty of an offence.

(6) In this Article—

appropriate supervision” means under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least five years;

authorisation” means an authorisation granted under this Article;

prescribed” means prescribed by regulations made by the Department of Justice.

(7) The Department of Justice may make regulations substituting a different age for the lower age mentioned in paragraph (1) and paragraph 11(4) of Schedule 1.

(8) The Department of Justice shall not make regulations under this Article unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly..

(5) Before the heading to Article 51 insert— “ Power of entry ”.

(6) In Article 51 (power of entry), in paragraph (1)—

(a)in sub-paragraph (a), after “club” insert “ or a shotgun club ”;

(b)after “Article 49” insert “ or 50A ”.

(7) In Schedule 1 (firearm certificates - exemptions), in paragraph 11, after sub-paragraph (3) add—

(4) A person who is under the age of 16 but has attained the age of 12 may, without holding a firearm certificate, use a shotgun in accordance with an authorisation under Article 50A..

(8) In Schedule 5 (table of punishments), after the entry relating to Article 49(5)(b) insert—

Article 50A(5)(a)Operating a shotgun club which allows unauthorised use of shotguns(a) Summary1 year or a fine of the statutory maximum or both
(b) Indictment3 years or a fine or both
Article 50A(5)(b)Contravention of conditions of authorisation(a) Summary1 year or a fine of the statutory maximum or both
(b) Indictment3 years or a fine or both.

(9) In Schedule 5, in the second column of the entry relating to Article 51(2), after “club” insert “ or shotgun club ”.

Other amendments relating to persons under 18N.I.

2—(1) Article 7 (purposes for which a young person may acquire and have in possession certain firearms and ammunition), in paragraph (3)(b)(i), after “sporting purposes” insert “ or for the purpose of pest control ”.N.I.

(2) In Schedule 1 (firearm certificates—exemptions)—

(a)in paragraph 9 (air guns and ammunition), in sub-paragraph (3)(b), (person under 18 may not purchase an air gun without a certificate unless the person has attained the age of 17), the words “unless he has attained the age of 17” are repealed;

(b)in paragraph 11 (shotguns), in sub-paragraph (3), at the end add “ unless the person has attained the age of 16 and is under the supervision of a person who has attained the age of 21 and has held a firearm certificate for a shotgun for at least three years ”.

Part 2 N.I.Firearm certificates and other certificates

Variation of firearm certificateN.I.

3—(1) In Article 11 (variation of firearm certificate), for paragraphs (3) to (5) substitute—N.I.

(3) If a person—

(a)sells a firearm (“the first firearm”) to the holder of a firearms dealer's certificate (“the dealer”); and

(b)as part of the same transaction purchases from the dealer another firearm (“the second firearm”); and

(c)paragraph (4) applies,

the dealer may, on payment of the appropriate fee, vary that person's firearm certificate by substituting the second firearm for the first firearm.

(4) This paragraph applies—

(a)if both the first firearm and the second firearm are shotguns; or

(b)if—

(i)the second firearm is of the same type and calibre as the first firearm; and

(ii)neither firearm is a prohibited weapon or a shotgun; or

(c)if—

(i)the first firearm is a rifle of a description mentioned in the first column of Schedule 1A; and

(ii)the second firearm is a rifle of a calibre specified in relation to the same Band of Schedule 1A as the calibre of the first firearm; and

(iii)neither firearm is a prohibited weapon, a muzzle-loading firearm as defined in Article 45(9) or a shotgun; and

(iv)the second firearm will not be of the same calibre as any other firearm to which the firearm certificate relates; and

(v)the firearm certificate is not held subject to a condition that the first firearm may be used only for the purposes of target shooting.

(5) If a person—

(a)sells or transfers a firearm to the holder of a firearms dealer's certificate (“the dealer”); and

(b)does not as part of the same transaction purchase or acquire from the dealer another firearm,

the dealer may, on payment of the appropriate fee (if any), vary that person's firearm certificate by deleting that firearm.

(6) Where the holder of a firearms dealer's certificate (“the dealer”) varies a firearm certificate under this Article, the dealer shall—

(a)notify the Chief Constable of the variation within 72 hours of the variation being made; and

(b)where the dealer receives the fee for varying the certificate, pay it to the Chief Constable.

(7) A person who fails to comply with paragraph (6)(a) shall be guilty of an offence.

(8) Schedule 1A (relevant firearms for Article 11(4)(c)) shall have effect.

(9) The Department of Justice may make regulations amending Schedule 1A if a draft of the regulations has been laid before, and approved by resolution of, the Assembly..

(2) After Schedule 1 insert—

Article 11(8

SCHEDULE 1AN.I.Relevant firearms for Article 11(4)(c)
BANDCALIBRE
1. Small quarry air rifles.177
.20
.22
.25
2. Small quarry.17 Mach 2
.17 HMR (Hornady Magnum Rimfire)
.22 LR (Long Rifle)
.22 WMR (Winchester Magnum Rimfire)
3. Medium quarry.17 Hornet
.17 Remington
.17 Remington Fireball
.22 Hornet/5.6x36Rmm
.222 Remington
.204 Ruger
.223 Remington/5.56x45mm
.220 Swift
.22-250
4. Large quarry.243 Winchester
.25-06
6.5mm x 55/.256
7mm x 08 Remington
.270
7.62 x 51mm/.308 Winchester
.30-06.

(3) In Schedule 5 (table of punishments), after the entry relating to Article 10(3) insert—

Article 11(7)Failure of firearms dealer to notify Chief Constable of variation of firearm certificateSummaryLevel 3.

Variation of firearms dealer's certificateN.I.

4  In Article 29(6) (variation of firearms dealer's certificate), at the end add “ on payment of the appropriate fee ”.N.I.

Updated certificatesN.I.

5—(1) In Article 5 (grant of firearm certificate)—N.I.

(a)in paragraph (5), after “duplicate certificate” insert “ or an updated certificate ”;

(b)after paragraph (5) add—

(6) In paragraph (5)—

duplicate certificate” means a copy of the firearm certificate as granted; and

updated certificate” means the firearm certificate revised up to such date as may be specified on the certificate..

(2) In Article 26 (grant of firearms dealer's certificate)—

(a)in paragraph (7)—

(i)after “duplicate certificate” insert “ or an updated certificate ”;

(ii)the words “(if any)” are repealed;

(b)after paragraph (7) add—

(8) In paragraph (7)—

duplicate certificate” means a copy of the firearms dealer's certificate as granted;

updated certificate” means the firearms dealer's certificate revised up to such date as may be specified on the certificate..

Certificates granted in Great BritainN.I.

6—(1) The following provisions of Article 17 (firearm certificate or shotgun certificate granted in Great Britain has effect in Northern Ireland if Chief Constable grants certificate of approval) are repealed—N.I.

(a)in paragraph (1), the words from “if” to the end;

(b)paragraphs (2) and (3);

(c)in paragraph (4)—

(i)in the definition of “applicable conditions” the words from “, subject” to the end;

(ii)the definitions of “certificate of approval” and “modifications”.

(2) In Article 18 (air guns held without a firearm certificate in Great Britain)—

(a)in paragraph (1)—

(i)after “an air gun” insert “ to which paragraph (3) applies ”;

(ii)in sub-paragraph (c) after “issued to him by the Chief Constable” add “ on payment of the appropriate fee ”;

(b)after paragraph (2) add—

(3) This paragraph applies to an air gun which is capable of discharging a missile so that the missile has, on being discharged, a kinetic energy in excess of one joule..

Part 3 N.I.Supplementary

FeesN.I.

7—(1) For Schedule 6 (fees) substitute—N.I.

Article 75.

SCHEDULE 6N.I.Fees

Firearm certificate

1. Grant of firearm certificate£98
2. Variation by Chief Constable£30
3. Variation by firearms dealer under Article 11(3) to substitute firearm£15
4. Variation by firearms dealer under Article 11(5) to delete firearmNo fee
5. Duplicate certificate£14
6. Updated certificate£14

Museum firearms licence

7. Grant of museum firearms licence by Department of Justice£110
8. Extension to additional premises£75

Visitor's firearm permit

9. Grant of visitor's firearm permit (except where paragraph 10 applies)£16
10. Grant of six or more permits (taken together) on a group application£80

Certificate of approval for air gun for resident in Great Britain

11. Certificate of approval for air gun for resident in Great Britain£11

Firearms dealer's certificate

12. Grant of firearms dealer's certificate£300
13. Duplicate certificate£14
14. Updated certificate£14

Firearms clubs and shotgun clubs

15. Authorisation of firearms club£71
16. Authorisation of shotgun club to allow use of shotgun by persons 12 or over but under 16, except where the shotgun club is also a firearms club and an authorisation under Article 49 is granted at the same time£71..

Consequential amendmentN.I.

8  In Article 80(5) (regulations and orders made by the Department of Justice), after “Order” insert “ , except regulations under Article 11(9) or 50A, ”.N.I.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources