OpenLegislation

Section 32 Remote sales of knives etc: England and WalesI1

England and Wales Not yet in force

(1)

Section 141B of the Criminal Justice Act 1988 (remote sales of knives) is amended as follows.

(2)

For subsection (4) substitute—

“(4)

Condition A is that, before the sale—

(a)

the seller either—

(i)

obtained from the buyer a copy of an identity document issued to the buyer in a physical form and a photograph of the buyer, or

(ii)

took such steps to verify the buyer’s age as may be prescribed in regulations made by the Secretary of State, and

(b)

on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the buyer was aged 18 or over.

(4A)

For the purposes of subsection (4) an “identity document” means—

(a)

a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b)

a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;

(c)

a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988 or under Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1));

(d)

any other document specified in regulations made by the Secretary of State.”

(3)

In subsection (5)(b), for “a person aged 18 or over” substitute “the buyer”.

(4)

In subsection (6), for “a person aged 18 or over” substitute “the buyer”.

(5)

In subsection (8), omit “or a person acting on behalf of the buyer” in both places it occurs.

(6)

After subsection (9) insert—

“(10)

Regulations made by the Secretary of State under this section are to be made by statutory instrument.

(11)

A statutory instrument containing (whether alone or with other provision) regulations under subsection (4)(a)(ii) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(12)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Annotations

Commencement

I1

S. 32 not in force at Royal Assent, see s. 255(1)