The Air Weapons Licensing (Exemptions) (Scotland) Regulations 2016
Draft 2016, ISBN 9780111033395
Draft Regulations laid before the Scottish Parliament under section 85(2) of the Air Weapons and Licensing (Scotland) Act 2015, for approval by resolution of the Scottish Parliament.
Arms And Ammunition
Criminal Law
Made 2016
Coming into force 31st December 2016
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 2(4)(a) of the Air Weapons and Licensing (Scotland) Act 2015f1 and all other powers enabling them to do so.
In accordance with section 85(2) of that Act, a draft of this instrument has been laid before, and approved by resolution of, the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation and commencement
- 2Amendment of schedule 1 of the Air Weapons and Licensing (Scotland) Act 2015
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Air Weapons Licensing (Exemptions) (Scotland) Regulations 2016 and come into force on 31st December 2016.
2Amendment of schedule 1 of the Air Weapons and Licensing (Scotland) Act 2015
In schedule 1 of the Air Weapons and Licensing (Scotland) Act 2015 (exemptions), after paragraph 18 insert—
“Use or possession of air weapons on service premises
19.(1)It is not an offence under section 2(1) for an individual to use or possess an air weapon without holding an air weapon certificate if—
(a)the individual is under the supervision of a person in the armed forces of Her Majesty, and
(b)the use or possession occurs while the individual is on service premises.
(2)In this paragraph—
“armed forces” means naval, military or air services,
“service premises” means premises, including any ship or aircraft, used for any purpose of the armed forces of Her Majesty.
Use or possession of air weapons on Ministry of Defence Police premises
20.(1)It is not an offence under section 2(1) for an individual to use or possess an air weapon without holding an air weapon certificate if—
(a)the individual is under the supervision of a member of the Ministry of Defence Police, and
(b)the use or possession occurs while the individual is—
(i)on premises used for any purpose of the Ministry of Defence Police, and
(ii)being trained or assessed in the use of air weapons.
(2)In this paragraph, “a member of the Ministry of Defence Police” means a person appointed on the nomination of the Secretary of State under section 1 of the Ministry of Defence Police Act 1987f1.”.
Signature
Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date
Explanatory note
(This note is not part of the Regulations)
These Regulations amend schedule 1 of the Air Weapons and Licensing (Scotland) Act 2015 (“the Act”), by extending the list of exemptions from the requirement to hold an air weapon certificate.
Section 2(1) of the Act makes it an offence for a person to use, possess, purchase or acquire an air weapon without holding an air weapon certificate. Schedule 1 of the Act sets out various exemptions from this offence, some of which replicate existing exemptions from the firearms licensing regime under the Firearms Act 1968 (c.27). These include certain exemptions for members of an approved cadet corps, members of the Ministry of Defence Police and persons in Her Majesty’s armed forces.
The Regulations amend schedule 1 of the Act so as to further exempt—
individuals who use or possess air weapons on service premises, while under the supervision of a person in Her Majesty’s armed forces (this largely replicates the exemption in section 16A of the Firearms (Amendment) Act 1988 (c.45)); and
individuals who use or possess air weapons on Ministry of Defence Police premises, while being trained or assessed in their use under the supervision of a member of the Ministry of Defence Police (this replicates the exemption in section 16B of the Firearms (Amendment) Act 1988).