The Sale and Hire of Crossbows, Knives and certain other Articles to Children and Young Persons (Scotland) Order 2011

Scottish Statutory Instruments

2011 No. 129

Criminal Law

The Sale and Hire of Crossbows, Knives and certain other Articles to Children and Young Persons (Scotland) Order 2011

Made

17th February 2011

Laid before the Scottish Parliament

21st February 2011

Coming into force

28th March 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1A(3)(c) of the Crossbows Act 1987(1) and section 141A(4B)(c) of the Criminal Justice Act 1988(2) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Sale and Hire of Crossbows, Knives and certain other Articles to Children and Young Persons (Scotland) Order 2011 and comes into force on 28th March 2011.

Prescribed documents

2.—(1) A document of the description specified in paragraph (2) is prescribed for the purposes of—

(a) section 1A(3)(c) of the Crossbows Act 1987; and

(b) section 141A(4B)(c) of the Criminal Justice Act 1988.

(2) That description is a photographic identity card bearing the national Proof of Age Standards Scheme(3) hologram.

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

17th February 2011

EXPLANATORY NOTE

(This note is not part of the Order)

Section 1 of the Crossbows Act 1987 and section 141A of the Criminal Justice Act 1988, as amended, create criminal offences, in respect of Scotland, in connection with the sale and letting on hire of crossbows, or a part of a crossbow, and in connection with the sale and letting on hire of knives and certain articles with a blade or a point to persons under 18. Those sections were amended by sections 35 and 36, respectively, of the Criminal Justice and Licensing (Scotland) Act 2010. The sections, as amended, provide a defence if the person charged with the offence has taken reasonable steps to establish the age of the purchaser, or hirer, by being shown a passport, a European Union photocard driving licence or another document prescribed for the purposes of those sections. Article 2 of this Order prescribes for those purposes a photographic identity card bearing the national Proof of Age Standards Scheme hologram.

(1)

1987 c.32; section 1A was inserted by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 35(3).

(2)

1988 c.33; section 141A was relevantly amended by the Criminal Justice and Licensing (Scotland) Act 2010, section 36.

(3)

The national Proof of Age Standards Scheme is run by PASSCO, company number 4570623, a company limited by guarantee with its registered office at 21 Dartmouth Street, London SW1 9BP.