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The Knife Dealers (Exceptions) Order 2009

S.S.I. 2009/218 · Made 3 June 2009

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

LICENCES AND LICENSING

CRIMINAL LAW

Made 3rd June 2009

Laid before the Scottish Parliament 4th June 2009

Coming into force 1st September 2009

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 27A(7) and 27A(8)(b)f1 of the Civic Government (Scotland) Act 1982f2 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

Section 27A was inserted by section 58 of the Custodial Sentences and Weapons (Scotland) Act 2007, (asp 17).

f2

1982 c. 45.

Contents

  1. 1Citation and interpretation
  2. 2Exception for certain articles
  3. 3Exceptions for certain businesses
  4. Signature
  5. Explanatory note

1Citation and interpretation

This Order may be cited as the Knife Dealers (Exceptions) Order 2009 and comes into force on 1st September 2009.

2Exception for certain articles

In section 27A of the Civic Government (Scotland) Act 1982 (knife dealers' licences)–

(a)

in subsection (2)(a), for “those” substitute “folding pocket knives whose blades do not exceed 3.5 inches (8.91 centimetres) in length or knives”,

(b)

after subsection (2)(a) insert–

“(aa)

daggers (other than kirpans or skean dhus whose blades do not exceed exceed 3.5 inches (8.91 centimetres) in length);”.

3Exceptions for certain businesses

(1)

Where a person (A) is teaching another person (B) the sport of fencing, the hiring, offering or exposing for hire, lending or giving of a fencing sword by A to B is not to be taken to be a business for the purposes of section 27A(4) of the Civic Government (Scotland) Act 1982 but only where A is qualified to teach B in the sport.

(2)

In this Article “fencing sword” means a sword used in the sport of fencing and which may be classified as a foil, epée or sabre.

Signature

KENNY MACASKILL

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

3rd June 2009

Explanatory note

(This note is not part of the Order)

This Order makes exceptions to the requirement for a knife dealers' licence under section 27A of the Civic Government (Scotland) Act 1982.

Article 2 specifies the classes of article which are to be excepted from the list of articles under section 27A(2) of the 1982 Act. This includes folding pocket knives. It also adds “daggers” as a class of article and makes exceptions for kirpans and skean dhus within this class. Article 2 applies only where the article’s blade does not exceed 3.5 inches (8.91 centimetres) in length.

Article 3 specifies the exceptions to the meaning of business under section 27A(4) of the 1982 Act. It removes the hiring, offering or exposing for hire, lending or giving of fencing weapons from the meaning of “business” but only where the purpose is for teaching the sport of fencing.