Explanatory note

These Regulations bring subsections (1) and (4) of section 44 of the Offensive Weapons Act 2019 (c. 17) (“the 2019 Act”) into force insofar as they provide a defence for a person charged with an offence under section 1(1) of the Restriction of Offensive Weapons Act 1959 (c. 37) (“the 1959 Act”).

It is an offence under section 1(1) of the 1959 Act for any person to manufacture, sell, hire, lend or give to any other person any knife of a kind described in that section. Section 44(4) of the 2019 Act amends section 1 of the 1959 Act to provide a defence where a person can show that their conduct was only for the purpose of making the knife available to a museum or gallery.

Section 44(2) of the 2019 Act makes it an offence to possess any knife of the kind described in section 1(1) of the 1959 Act.

These Regulation will enable a person to lawfully transfer such knives to a museum or gallery if they wish to do so before the prohibition on their possession by virtue of section 44(2) is commenced.

An impact assessment relating to the 2019 Act, including the provisions relating to the prohibition of knives by virtue of section 44 of the Act, is available at https://publications.parliament.uk/pa/bills/cbill/2017-2019/0232/IA%20-%20Offensive%20Weapons%20Bill.pdf