The Air Weapons and Licensing (Scotland) Act 2015 (Commencement No. 2 and Transitional Provisions) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into force the following provisions of the Air Weapons and Licensing (Scotland) Act 2015 (“the 2015 Act”): sections 66, 67, 68, 69, 70 (for all remaining purposes) and 72 (article 2).

The Schedule to the Order appoints the 16th March 2016 for the partial commencement of section 72 of the 2015 Act for the purpose of enabling preliminary arrangements to be made for the provision to be fully effective in operation from 1st September 2016. The remaining provisions are brought into force on 1st September 2016.

Articles 3 to 6 contain transitional provisions.

Article 3 of the Order makes a transitional provision that has the effect that the commencement of section 66 of the 2015 Act only has effect in respect of offences that have been committed on or after the appointed day.

Article 4 makes transitional provisions to provide that metal dealer or itinerant metal dealer licences issued before 1st September 2016 are not to take effect until that day.

Article 5 of the Order makes a transitional provision to provide that despite the commencement of section 67 of the 2015 Act, a person will not be guilty of an offence under section 7(1) of the Civic Government (Scotland) Act 1982 (“the 1982 Act”), by virtue of doing anything for which a metal dealers licence is required if that person has been issued with an exemption warrant or temporary exemption warrant that remains in force on 1st September 2016, and has applied for a metal dealers licence before 1st June 2016 but that application has not yet been finally determined by the time section 67 comes into force on 1st September 2016.  

Article 6 of the Order makes a transitional provision to provide that despite the commencement of section 72 of the 2015 Act, a person that would not otherwise require a metal dealers or itinerant metal dealers licence, will not be guilty of an offence under section 7(1) of the 1982 Act, by virtue of doing anything for which a metal dealers or itinerant metal dealers licence is required, if that person has applied for a metal dealers or itinerant metal dealers licence before 1st June 2016 but that application has not yet been finally determined by the time section 72 comes fully into force on 1st September 2016.

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