Extent Information

E1Act (except s. 16 which applies to England and Wales) applies to Scotland only see s. 137(9).

Modifications etc. (not altering text)

C1Act excluded (19. 12. 1991) by City of Edinburgh District Council Order Confirmation Act (c. xix), ss. 1, 12(2), Sch. Pt. V

Commencement Information

I1Act partly in force at Royal Assent see s. 137(2); Act wholly in force at 1. 1. 1985 see S.I. 1983/201 as amended by S.I. 1984/573 and 744.

Part IIE+W+S Licensing and Regulation—Particular Activities

[F1Licensing and regulation of knife dealersE+W+S

Textual Amendments

F1Ss. 27A-27S and cross-heading inserted (1.11.2007 for specified purposes, 1.6.2009 for specified purposes, 1.9.2009 for specififed purposes, 1.6.2010 in so far as not already in force) by Custodial Sentences and Weapons (Scotland) Act 2007 (asp 17), ss. 58, 67(2); S.S.I. 2007/431, art. 3, sch., S.S.I. 2009/197, art. 2, Sch.

27AKnife dealers' licencesE+W+S

(1)A licence, to be known as a “knife dealer's licence”, is required for carrying on business as a dealer in any article mentioned in subsection (2).

(2)Those articles are—

(a)knives (other than [F2folding pocket knives whose blades do not exceed 3.5 inches (8.91 centimetres) in length or knives] designed for domestic use);

[F3(aa)daggers (other than kirpans or skean dhus whose blades do not exceed exceed 3.5 inches (8.91 centimetres) in length);]

(b)knife blades (other than those designed for domestic use);

(c)swords;

(d)any other article—

(i)which has a blade; or

(ii)which is sharply pointed,

and which is made or adapted for use for causing injury to the person.

(3)A knife dealer's licence shall, in addition to specifying the activity which the dealer engages in, specify the premises in or from which the activity is to be carried on.

(4)In subsections (1) and (3), “dealer” means a person carrying on a business which consists wholly or partly of—

(a)selling;

(b)hiring;

(c)offering for sale or hire;

(d)exposing for sale or hire;

(e)lending; or

(f)giving,

to persons not acting in the course of a business or profession any article mentioned in subsection (2) (whether or not the activities mentioned in paragraphs (a) to (f) are carried out incidentally to a business which would not, apart from this section, require a knife dealer's licence).

(5)In subsection (4), “selling”, in relation to an article mentioned in subsection (2)—

(a)includes—

(i)selling such an article by auction;

(ii)accepting goods or services in payment (whether in part or in full) for such an article; but

(b)does not include selling (by auction or otherwise) such an article by one person on behalf of another;

and “sale” is to be construed accordingly.

(6)For the purposes of subsection (4), an article is not to be treated as being exposed for sale if it is exposed for sale (by auction or otherwise) by a person other than the owner.

(7)The Scottish Ministers may by order modify subsection (2) so as to—

(a)add articles or classes of article;

(b)amend descriptions of articles or classes of article;

(c)remove articles or classes of article.

(8)The Scottish Ministers may by order—

(a)modify subsection (4) so as to modify the definition of “dealer”;

(b)specify descriptions of activity which are not to be taken to be businesses for the purposes of that subsection (or that subsection as modified).

(9)The power in subsection (8)(a) includes in particular power to add descriptions of business.]

Textual Amendments

F2Words in s. 27A(2)(a) substituted (1.9.2009) by The Knife Dealers (Exceptions) Order 2009 (S.S.I. 2009/218), arts. 1, 2(a)

Modifications etc. (not altering text)