The Custodial Sentences and Weapons (Scotland) Act 2007 (Commencement No. 1) Order 2007

Explanatory Note

(This note is not part of the Order)

This Commencement Order brings into force sections 58, 60(1)(a) and (b), 61 to 63 and 66(2) and schedule 5 to the Custodial Sentences and Weapons (Scotland) Act 2007 (“the 2007 Act”). Sections 58, 60(1)(b), 66(2) and schedule 5 are only brought into force for certain specified purposes.

Section 58 inserts new sections 27A to 27S into the Civic Government (Scotland) Act 1982 (“the 1982 Act”). These sections make provision for knife dealers' licences. A knife dealer’s licence will be required for carrying on a business as a dealer in any article mentioned in section 27A(2) of the 1982 Act. The new sections are only being commenced for the purposes of enabling orders (and, in the case of section 27K(4), an Act of Adjournal) to be made under the following sections of the 1982 Act:

• section 27A(7), which allows the Scottish Ministers to modify the articles that fall within the scope of the licensing scheme;

• section 27A(8), which allows the Scottish Ministers to modify the definition of “dealer” for the purposes of the licensing scheme, and specify descriptions of activity that are not to be taken to be business activities for the purposes of the scheme;

• section 27C(1)(a), which allows the Scottish Ministers to specify conditions that must be attached to a knife dealer’s licence;

• section 27K(4), which provides that an application for the recovery of forfeited property must be made in such manner as may be prescribed by Act of Adjournal;

• section 27K(7), which allows the Scottish Ministers to make provision in connection with the disposal of property forfeited under a forfeiture order in certain circumstances; and

• section 27R, which allows the Scottish Ministers to provide that a number of offences connected with the knife licensing scheme are subject to such exceptions as may be specified in the order.

Section 60 of the 2007 Act makes changes to section 141 of the Criminal Justice Act 1988 (prohibition on sale etc. of certain weapons) (“the 1988 Act”). The provisions that are commenced by this Order make changes to the burden of proof that applies to the existing defences in subsections (5), (8) and (9) of section 141 of the 1988 Act, and add a power for the Scottish Ministers to modify section 141 by order in relation to any description of weapon specified in the order.

Section 61 of the 2007 Act makes provision relating to the sale of swords. The effect of commencing this section is that a new section 141ZA will be added to the 1988 Act. This section will apply where the Scottish Ministers specify swords in an order under section 141(2) of the 1988 Act.

Section 62 of the 2007 Act amends provisions in the Crossbows Act 1987 (c. 32) in order to raise the age threshold for various activities relating to crossbows from 17 to 18.

Section 63 of the 2007 Act adds a new section 49C to the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39). This section creates a new offence of having an offensive weapon in a prison.

Section 66(2) of the 2007 Act introduces schedule 5 which makes provision for repeals. Section 141(3) of the 1988 Act is repealed in view of new section 141(11J) of the 1988 Act, inserted by section 60(1)(b) of the 2007 Act.