The Offensive Weapons Act 2019 (Commencement No. 2) (England and Wales) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 31 of the Offensive Weapons Act 2019 Act (c. 17) (“the 2019 Act”) requires the provisions of Part 2 (knife crime prevention orders) to be brought into force either for one or more specified purposes or in relation to one or more specified areas in England and Wales, and for the Secretary of State to lay a report before Parliament on the operation of those provisions, before all the provisions of Part 2 may be brought fully into force in England and Wales.

Regulation 2 brings provisions of Part 2 of the 2019 Act into force for a specified period of 14 months (“the pilot period”). Paragraph (1) brings provisions relating to applications for and the making of knife crime prevention orders (“KCPOs”), and their subsequent review, variation, renewal, discharge or appeal, into force in relation to the metropolitan police district (“MPD”) only. Paragraph (2) brings provisions relating to the effect of KCPOs, including the prohibitions and requirements imposed by them, notification obligations and offences of breaching a KCPO into force in relation to England and Wales for orders made in the MPD. As such, during the pilot period KCPOs can only be made in the MPD but will be enforceable throughout England and Wales.

Regulation 3 provides for the cessation of KCPOs and interim KCPOs made during the pilot period. Paragraphs (1) and (2), respectively, provide that interim KCPOs, and KCPOs made but which do not have effect prior to the end of the pilot period, cease to have effect at the end of that period (subject to earlier cessation under the 2019 Act).

Regulation 3(3) provides that KCPOs which have effect immediately before the end of the pilot period cease to have effect at the end of a further period of 6 months (subject to earlier cessation under the 2019 Act). Regulation 4 similarly preserves the application of certain provisions of the 2019 Act relating to KCPOs for a further period of 6 months, where the KCPO has effect before the end of the specified period (that is, KCPOs to which regulation 3(3) also applies). As such, KCPOs which have effect immediately before the end of the pilot period may continue to have effect for a further period of 6 months.