Section 38 Sale and delivery of crossbows: supplementary provisionI1

After section 1I of the Crossbows Act 1987 (inserted by section 37) insert—

“Interpretation of sections 1B to 1I

1J

(1)

This section applies for the interpretation of sections 1B to 1I.

(2)

“Relevant national authority” means—

(a)

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

(b)

in relation to Scotland, the Scottish Ministers.

(3)

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.

(4)

A person other than an individual—

(a)

is within the United Kingdom at any time, if the person carries on a business of selling or letting on hire 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 or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.

(5)

“Residential premises” means premises used solely for residential purposes.

(6)

The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.

(7)

A person charged with an offence is 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.”

After section 6 of the Crossbows Act 1987 insert—

“Regulations

6A

(1)

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

(2)

The Secretary of State may not make a statutory instrument containing regulations under this Act, other than regulations under section 1B(4)(d), unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3)

A statutory instrument containing regulations made by the Secretary of State under section 1B(4)(d) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)

Regulations made by the Scottish Ministers under this Act, other than regulations under section 1B(4)(d), are subject to the affirmative procedure.

(5)

Regulations made by the Scottish Ministers under section 1B(4)(d) are subject to the negative procedure.

(6)

For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).”

In section 66(1) of the Offensive Weapons Act 2019 (guidance by Secretary of State), after paragraph (ga) (inserted by section 42) insert—

“(gb)

any of sections 1 to 3 of the Crossbows Act 1987 (sale etc of crossbows) as they have effect in relation to England and Wales,”.

In section 66(2) of that Act (guidance by Scottish Ministers), after paragraph (a) insert—

“(aa)

any of sections 1 to 3 of the Crossbows Act 1987 as they have effect in relation to Scotland,”.