Section 35 Delivery of knives etcI1

United Kingdom Not yet in force

(1)

The Offensive Weapons Act 2019 is amended as follows.

(2)

In section 38 (delivery of bladed products to residential premises)—

(a)

omit subsection (4);

(b)

in subsection (8)—

(i)

in paragraph (b) omit “Scotland or”;

(ii)

after paragraph (b) insert—

“(c)

on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding the statutory maximum or to both;

(d)

on conviction on indictment in Scotland, to imprisonment for a term not exceeding 6 months, to a fine or to both.”

(3)

In section 39 (delivery of bladed products to persons under 18)—

(a)

in subsection (1), for paragraphs (c) to (e) substitute—

“(c)

before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

(i)

to deliver bladed products for the seller, or

(ii)

to arrange the delivery of bladed products for the seller,

(d)

the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed products, and

(e)

pursuant to that arrangement, the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf.”;

(b)

omit subsections (2) and (3);

(c)

for subsection (6) substitute—

“(6)

The contractor commits an offence if, when the bladed product is finally delivered to residential premises by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the buyer is an individual, is the buyer.

(6A)

A person acting on the contractor’s behalf commits an offence if—

(a)

the bladed product is finally delivered to residential premises by that person or another person acting on the contractor’s behalf, and

(b)

it is not delivered into the hands of a person who—

(i)

is aged 18 or over, and

(ii)

if the buyer is an individual, is the buyer.

(6B)

For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with—

(a)

the contractor, or

(b)

a person who acts on the contractor’s behalf.

(6C)

A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to finally deliver, or to arrange the final delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).”;

(d)

in subsection (7)—

(i)

for “subsection (6)” substitute “this section”;

(ii)

in paragraph (b) omit “Scotland or”;

(iii)

after paragraph (b) insert—

“(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.”

(4)

For section 40 substitute—

“Defences to offence under section 38 or 39

40

(1)

It is a defence for a person charged with an offence under section 38(2) of delivering a bladed product to residential premises to show that the delivery conditions were met.

(2)

It is a defence for a person (“the seller”) charged with an offence under section 38(2) of arranging for the delivery of a bladed product to residential premises to show that—

(a)

the arrangement required the person with whom it was made not to finally deliver the bladed product unless the delivery conditions were met, and

(b)

the seller took all reasonable precautions and exercised all due diligence to ensure that the product would not be finally delivered unless the delivery conditions were met.

(3)

It is a defence for a person charged with an offence under section 38(3) to show that they took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

(4)

It is a defence for a person charged with an offence under section 39(6) or (6A) to show that the delivery conditions were met.

(5)

It is a defence for a person charged with an offence under section 39(6) or (6A) who did not finally deliver the bladed product to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(6)

It is a defence for a person charged with an offence under section 39(6A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed product.

(7)

The delivery conditions are that—

(a)

the person finally delivering the bladed product—

(i)

was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or

(ii)

took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and

(b)

on the basis of that document or those steps a reasonable person would have been satisfied—

(i)

that P was over 18, and

(ii)

if the buyer was an individual, that P was the buyer.

(8)

In subsection (7) “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 relevant driving licence;

(d)

any other document specified in regulations made by the appropriate national authority.

(9)

In subsection (8)(c) “relevant driving licence” means—

(a)

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

(b)

in relation to Scotland, a licence to drive a motor vehicle—

(i)

granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or

(ii)

issued in the form of a photocard by a member State.”

(5)

After section 40 insert—

“Offence of UK seller delivering etc bladed product to collection point

40A

(1)

This section applies if—

(a)

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

(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.

(2)

The seller commits an offence if, for the purposes of supplying the bladed product to the buyer, the seller—

(a)

delivers the bladed product to a collection point, or

(b)

arranges for the bladed product to be delivered to a collection point.

(3)

It is a defence for a person charged with an offence under subsection (2)(a) to show that—

(a)

when the package containing the bladed product was delivered to the collection point, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

(i)

is aged 18 or over, and

(ii)

if the buyer is an individual, is the buyer, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(4)

It is a defence for a person charged with an offence under subsection (2)(b) to show that—

(a)

when the package containing the bladed product was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

(i)

is aged 18 or over, and

(ii)

if the buyer is an individual, is the buyer, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(5)

A person guilty of an offence under this section is liable—

(a)

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

(b)

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

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(6)

“Collection point” means a place—

(a)

from which the bladed product may be collected by the buyer or a person acting on behalf of the buyer, and

(b)

where on collection the bladed product is given by an individual to the buyer or a person acting on behalf of the buyer.

Offence of contractor delivering bladed product sold by UK seller to collection point

40B

(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 (“the contractor”) by which the contractor agreed—

(i)

to deliver bladed products for the seller, or

(ii)

to arrange the delivery of bladed products for the seller, and

(d)

the contractor was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, bladed products.

(2)

The contractor commits an offence if, pursuant to the arrangement, they deliver, or a person acting on their behalf delivers, a bladed product to a collection point.

(3)

A person who acts on the contractor’s behalf commits an offence if they deliver, or another person acting on the contractor’s behalf delivers, the bladed product to a collection point.

(4)

For the purposes of this section, a person acts on the contractor’s behalf if the person acts in relation to the bladed product pursuant to a relevant arrangement with—

(a)

the contractor, or

(b)

a person who acts on the contractor’s behalf.

(5)

A “relevant arrangement” is an arrangement entered into before the sale of the bladed product by which the person agreed to deliver, or to arrange the delivery of, bladed products (whether or not the person was aware that the arrangement covered bladed products).

(6)

It is a defence for a person charged with an offence under this section to show that—

(a)

when they delivered the package containing the bladed product to the collection point or to a person acting on the contractor’s behalf, the package was clearly marked to indicate that it contained a bladed product and should only be given into the hands of a person who—

(i)

is aged 18 or over, and

(ii)

if the buyer is an individual, is the buyer, and

(b)

they took all reasonable precautions and exercised all due diligence to ensure that the package containing the bladed product would be given into the hands of such a person.

(7)

It is a defence for a person charged with an offence under this section to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.

(8)

A person guilty of an offence under this section is liable—

(a)

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

(b)

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

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(9)

“Collection point” has the meaning given in section 40A.

Handing over bladed products sold by UK seller at collection point

40C

(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)

the bladed product is delivered to a collection point, and

(d)

condition A or condition B is satisfied.

(2)

Condition A is that—

(a)

the delivery is pursuant to an arrangement entered into before the delivery by—

(i)

the person operating the collection point (“the operator”), and

(ii)

the seller or the person delivering the bladed product to the collection point, and

(b)

the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of bladed products.

(3)

Condition B is that the seller is the operator.

(4)

The operator commits an offence if the operator (or a person acting on behalf of the operator)—

(a)

gives the bladed product to a person collecting it, but

(b)

does not give it into the hands of an eligible person.

(5)

A person acting on behalf of the operator commits an offence if they—

(a)

give the bladed product to a person collecting it, but

(b)

do not give it into the hands of an eligible person.

(6)

“Eligible person” means a person who—

(a)

is aged 18 or over, and

(b)

if the buyer is an individual, is the buyer.

(7)

It is a defence for a person charged with an offence under subsection (4) or (5) to show that the collection conditions were met.

(8)

The collection conditions are that—

(a)

the individual giving the bladed product to the person (“P”) collecting it—

(i)

was shown by P an identity document issued to P in a physical form, or

(ii)

took such steps to verify P’s age and identity as may be prescribed in regulations made by the appropriate national authority, and

(b)

on the basis of that document or those steps a reasonable person would have been satisfied—

(i)

that P was over 18, and

(ii)

if the buyer was an individual, that P was the buyer.

(9)

It is a defence for a person charged with an offence under subsection (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a bladed product.

(10)

A person guilty of an offence under this section is liable—

(a)

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

(b)

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

(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.

(11)

In this section—

“collection point” has the meaning given in section 40A;

“identity document” has the meaning given in section 40.

Further defences to offences under sections 38 to 40C

40D

The appropriate national authority may by regulations provide for other defences for a person charged with an offence under any of sections 38 to 40C.”

(6)

In section 41 (meaning of “bladed product” in sections 38 to 40)—

(a)

in the heading, for “40” substitute “40C”;

(b)

in subsection (1) for “40” substitute “40C”;

(c)

in subsection (2) for “40” substitute “40C”;

(d)

in subsection (3), for “40” substitute “40C”;

(e)

in subsection (4) for “40” substitute “40C”.

(7)

In section 42 (delivery of knives etc pursuant to arrangement with seller outside UK)—

(a)

in subsection (1) for paragraphs (c) to (e) substitute—

“(c)

before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—

(i)

to deliver bladed articles for the seller, or

(ii)

to arrange the delivery of bladed articles for the seller,

(d)

the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed articles, and

(e)

pursuant to that arrangement, the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf.”;

(b)

omit subsections (2) and (3);

(c)

for subsections (4) to (9) substitute—

“(4)

The contractor commits an offence if, when the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—

(a)

is aged 18 or over, and

(b)

if the buyer is an individual, is the buyer.

(4A)

A person acting on the contractor’s behalf commits an offence if—

(a)

the bladed article is finally delivered by that person or another person acting on the contractor’s behalf, and

(b)

it is not delivered into the hands of a person who—

(i)

is aged 18 or over, and

(ii)

if the buyer is an individual, is the buyer.

(4B)

It is a defence for a person charged with an offence under subsection (4) or (4A) to show that the delivery conditions were met.

(4C)

It is a defence for a person charged with an offence under subsection (4) or (4A) who did not finally deliver the bladed article to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.

(4D)

It is a defence for a person charged with an offence under subsection (4A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed article.

(4E)

For the purposes of this section a person acts on the contractor’s behalf if the person acts in relation to the bladed article pursuant to a relevant arrangement with—

(a)

the contractor, or

(b)

a person who acts on the contractor’s behalf.

(4F)

A “relevant arrangement” is an arrangement entered into before the sale of the bladed article by which the person agreed to finally deliver, or to arrange the final delivery of, bladed articles (whether or not the person was aware that the arrangement covered bladed articles).

(4G)

In this section the “delivery conditions” has the meaning given by section 40(7).”;

(d)

in subsection (10)—

(i)

for “subsection (4)” substitute “this section”;

(ii)

in paragraph (b) omit “Scotland or”;

(iii)

after paragraph (b) insert—

“(c)

on summary conviction in Scotland, to a fine not exceeding the statutory maximum;

(d)

on conviction on indictment in Scotland, to a fine.”

(8)

After section 42 insert—

“Interpretation of sections 38 to 42

42A

(1)

This section applies for the interpretation of sections 38 to 42.

(2)

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)

A person other than an individual—

(a)

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;

(b)

is outside the United Kingdom at any time, if the person does not carry on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.

(4)

The “appropriate national authority” is—

(a)

in relation to England and Wales, the Secretary of State;

(b)

in relation to Scotland, the Scottish Ministers;

(c)

in relation to Northern Ireland, the Department of Justice in Northern Ireland.

(5)

A person charged with an offence is to be taken to have shown a matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.”

(9)

In section 68 (regulations and orders)—

(a)

in subsection (2) after “State” insert, “, except for regulations under section 40 (8)(d),”;

(b)

after subsection (2) insert—

“(2A)

A statutory instrument containing regulations under section 40 (8)(d) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.”;

(c)

in subsection (3)—

(i)

omit “, 40(10)(c)”;

(ii)

after “is” insert “, and regulations made by the Scottish Ministers under section 40(8)(d) are,”;

(d)

in subsection (4) for “40(13)” substitute “40(7)(a)(ii), 40C(8)(a)(ii), 40D”;

(e)

in subsection (6) after “Act” insert “, except for regulations under section 40(8)(d),”;

(f)

after subsection (6) insert—

“(6A)

Regulations made by the Department of Justice under section 40(8)(d) are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.”

Annotations

Commencement

I1: S. 35 not in force at Royal Assent, see s. 255(1)(7)