The Firearms (Amendment) Act 1988 (Amendment) Regulations 2011

Statutory Instruments

2011 No. 2175

Arms And Ammunition

The Firearms (Amendment) Act 1988 (Amendment) Regulations 2011

Made

1st September 2011

Laid before Parliament

5th September 2011

Coming into force

1st October 2011

The Secretary of State, being a Minister designated(1) for the purpose of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to firearms and ammunition, in exercise of the powers conferred by that section makes the following Regulations:

Citation, commencement and extentE+W+S

1.—(1) These Regulations may be cited as the Firearms (Amendment) Act 1988 (Amendment) Regulations 2011 and shall come into force on 1st October 2011.

(2) These Regulations extend to England and Wales and Scotland only.

Commencement Information

I1Reg. 1 in force at 1.10.2011, see reg. 1(1)

Amendment of the Firearms (Amendment) Act 1988E+W+S

2.  Section 17(3A) of the Firearms (Amendment) Act 1988(3) (visitors’ permits) is amended as follows—

(a)in paragraph (a), after “document” insert “or a copy of the same”;

(b)in the full out words after paragraph (c), after the word “document” in the first place where it appears, insert “or copy”; and

(c)in the full out words after paragraph (c), after the word “document” in the second place where it appears, insert “or, where a copy has been produced, on the copy”.

Commencement Information

I2Reg. 2 in force at 1.10.2011, see reg. 1(1)

ReviewE+W+S

F13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Nick Herbert

Minister of State

Home Office

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend section 17(3A) of the Firearms (Amendment) Act 1988 (“the 1988 Act”) which relates to applications for a visitor’s firearm permit.

Section 17(3A) was inserted into the 1988 Act on 1st January 1993 by regulation 7(1) of the Firearms Acts (Amendment) Regulations 1992, which transposed Council Directive 1991/477/EEC (OJ L 256, 13.9.91, p51), as amended, on the control of the acquisition and possession of weapons.

Article 12(2) of that Directive allows member states to grant authorisations to those in possession of firearms for journeys between member states, and states that such authorisations must be entered onto the European firearms pass, which the traveller must produce whenever so required by the authorities of the member states.

Regulation 3 amends section 17(3A) of the 1988 Act so that a sponsor applying for a visitor’s permit on behalf of a specified person can produce to the chief officer of police a copy of the European firearms pass as an alternative to the original document.

Section 17(3A) is also amended so that, where a copy of the European firearms pass has been produced instead of the original document, a chief officer of police who grants a visitor’s permit shall endorse a statement (identifying the permit, the firearm, and the effect of the permit) on the copy rather than on the original document.

Regulation 4 requires the Secretary of State to review the operation and effect of these Regulations, and publish a report within five years after they come into force and within every five years after that. Following a review, it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked, or be amended. A further instrument would be needed to revoke the Regulations or amend them.

(1)

S.I. 1991/755, to which there are amendments not relevant to these Regulations.

(3)

1988 c.45. Section 17(3A) was inserted by SI 1992/2823, regulation 7(1).