PART 3Sale and delivery of knives etc

I1I239Delivery of bladed products to persons under 18

1

This section applies if—

a

a person (“the seller”) sells a bladed product to another person (“the buyer”),

b

the seller and the buyer are not in each other's presence at the time of the sale and the seller is within the United Kingdom at that time,

c

before the sale, the seller entered into an arrangement with a person who is a body corporate by which the person agreed to deliver bladed products for the seller,

d

that person was aware when they entered into the arrangement that it covered the delivery of bladed products, and

e

that person delivers the bladed product to residential premises pursuant to that arrangement.

2

For the purposes of subsection (1)(b) a person (“A”) is not in the presence of another person (“B”) at any time if—

a

where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

b

where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

3

For the purposes of subsection (1)(b) a person other than an individual is within the United Kingdom at any time if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.

4

In subsection (1)(e) “residential premises” means premises used solely for residential purposes.

5

The circumstances where premises are not residential premises for the purposes of subsection (1)(e) include, in particular, where a person carries on a business from the premises.

6

The person mentioned in subsection (1)(e) commits an offence if, when they deliver the bladed product, they do not deliver it into the hands of a person aged 18 or over.

7

A person guilty of an offence under subsection (6) is liable—

a

on summary conviction in England and Wales, to a fine;

b

on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

8

This section is subject to section 40 (defences).