Explanatory note

Section 141 of the Criminal Justice Act 1988 (c. 33) (“section 141”) provides that any person who manufactures, sells or hires or offers for sale or hire, exposes or has in that person’s possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which that section applies shall be guilty of an offence.

The Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (S.I. 1988/2019) (the “1988 Order”) specifies descriptions of weapons to which section 141 applies. Both section 141 and the 1988 Order set out defences to the section 141 offences.

Part 2 of this Order adds a new weapon description at paragraph 1(u) in the Schedule to the 1988 Order (the weapon sometimes known as a “ninja sword”), and provides for defences to the section 141 offences in relation to this new weapon description.

Part 3 of this Order provides for the making of arrangements for the surrender of weapons which fall under the new paragraph 1(u).

Part 4 of this Order provides for a scheme under which compensation can be claimed by persons surrendering weapons which fall under the new paragraph 1(u). Article 4 makes provision as to eligibility for compensation. Article 5 provides for officers accepting the surrendered items to issue a receipt. Article 6 provides for claims to be submitted where ninja swords have been surrendered and for the forms to be transmitted to the Secretary of State. Article 7 provides for determination of claims and payment by the Secretary of State. The claim form is set out in the Schedule.

The default level of compensation for these weapons, set at £5, is the amount of compensation payable unless the person claiming the compensation contends that the value exceeds that amount. If the person claims that the value exceeds this default level, evidence of valuation must be submitted and the level of compensation payable is to be determined by the Secretary of State.

The surrender arrangements referred to in this instrument may be obtained at gov.uk and from the Firearms and Weapons Policy Unit of the Crime Directorate of the Public Safety Group of the Home Office at 2 Marsham Street, London SW1P 4DF.

The equivalent annual net direct cost to business is less than £10 million, so an Impact Assessment is not required. An economic note has been produced instead and contains proportionate analysis outlining the main costs, benefits, and Net Present Social Value calculations. An Explanatory Memorandum and an economic note are available alongside this instrument on www.legislation.gov.uk. Copies may be obtained from the Firearms and Weapons Policy Unit of the Crime Directorate of the Public Safety Group of the Home Office at 2 Marsham Street, London SW1P 4DF.