Explanatory note

Section 1(1) of the Offensive Weapons Act 2019 (“the Act”) makes it an offence to sell a corrosive product to a person who is under the age of 18. Section 4(4) makes it an offence for a body corporate to deliver a corrosive product if, when they deliver it, they do not deliver it into the hands of a person aged 18 or over. A defence is available for both offences where the seller or delivery corporate body believed the sale or delivery was to a person aged 18 or over and that they had taken reasonable steps to establish that person’s age. The reasonable steps which can be taken to establish a person’s age are listed as being shown a passport, a European Union photocard driving licence or such other document as the Scottish Ministers may prescribe.

This Order prescribes a United Kingdom photocard driving licence as a document which can be shown to a seller or delivery body corporate as part of the reasonable steps they may take to establish a person’s age.