(This note is not part of the Order)
Section 39(6) of the Offensive Weapons Act 2019 (“the 2019 Act”) makes it an offence for a body corporate to deliver a bladed product (as defined in section 41 of the 2019 Act) to residential premises if, when they deliver it, they do not deliver it into the hands of a person aged 18 or over. Section 40(8) of the 2019 Act provides a defence to this offence where the delivery corporate body believed the delivery was to a person aged 18 or over and that they had taken reasonable steps to establish that person’s age. The reasonable steps which can be taken to establish a person’s age are listed as being shown a passport, a European Union photocard driving licence or such other document as the Scottish Ministers may prescribe.
Section 42(4) of the 2019 Act makes it an offence for a body corporate to deliver a bladed article (as described in section 141A(2) of the Criminal Justice Act 1988) sold by a seller outside the UK if, when they deliver it, they do not deliver it into the hands of a person aged 18 or over. Section 42(6) of the 2019 Act provides a defence to this offence where the delivery corporate body believed the delivery was to a person aged 18 or over and that they had taken reasonable steps to establish that person’s age. The reasonable steps which can be taken to establish a person’s age are listed as being shown a passport, a European Union photocard driving licence or such other document as the Scottish Ministers may prescribe.
This Order prescribes a United Kingdom photocard licence as a document which can be shown to a delivery body corporate as part of the reasonable steps they may take to establish a person’s age.