The Surrender of Offensive Weapons (Compensation) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

Sections 44, 46, 54 and 55 of the Offensive Weapons Act 2019 amend various pieces of legislation with the effect that it becomes an offence to possess certain dangerous knives, offensive weapons, firearms and ancillary equipment which it was previously lawful to possess. Sections 48 and 57 of that Act provide for the surrender of such items.

These Regulations provide for a scheme of compensation to be payable to persons surrendering items with a value of £30 or more. Part 2 provides for compensation in respect of certain prohibited knives and offensive weapons which are surrendered in England and Wales. Part 3 provides for compensation for certain firearms and ancillary equipment which are surrendered in the United Kingdom.

Regulations 3 and 7 make provision as to eligibility for compensation. Regulations 4 and 8 provide for officers accepting the surrendered items to issue a receipt. Regulations 5 and 9 provide for claims to be submitted where the items have been surrendered and for the forms to be transmitted to the Secretary of State. Regulations 6 and 10 provide for determination of claims and payment by the Secretary of State.

Where a standard level of compensation for an item is specified in a document published by the Secretary of State under regulation 2, that is the amount of compensation payable unless the person claiming the compensation contends that the value exceeds the standard level of compensation payable. If no standard level of compensation is specified, or if the person claims that the value exceeds the standard level, valuation evidence must be submitted and the level of compensation payable is to be determined by the Secretary of State.

The surrender arrangements, claim form and values list referred to in this instrument may be obtained at https://www.gov.uk/government/collections/firearms or by application to OWA Surrender Scheme, Serious Violence Unit, 2 Marsham Street, 5th Floor Fry, London, SW1P 4DF.

An impact assessment relating to the Offensive Weapons Act 2019, including the provisions relating to the prohibition of certain offensive weapons and firearms by virtue of sections 44, 46, 54 and 55 of the Act is available at https://publications.parliament.uk/pa/bills/cbill/2017-2019/0232/IA%20-%20Offensive%20Weapons%20Bill.pdf.