Amendment 106

Offensive Weapons Bill - Report (2nd Day) – in the House of Lords at 6:00 pm on 4th March 2019.

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Moved by Baroness Williams of Trafford

106: Before Clause 43, insert the following new Clause—“Guidance on offences relating to offensive weapons etc(1) The Secretary of State may from time to time issue guidance about—(a) section 1 of the Prevention of Crime Act 1953 (prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse),(b) section 1 of the Restriction of Offensive Weapons Act 1959 (penalties for offences in connection with dangerous weapons) as it has effect in relation to—(i) England and Wales, or(ii) the importation of a knife to which that section applies into any other part of the United Kingdom,(c) section 139 of the Criminal Justice Act 1988 (offence of having article with blade or point in public place) as it has effect in relation to England and Wales,(d) section 139A of that Act (offence of having article with blade or point (or offensive weapon) on educational premises) as it has effect in relation to England and Wales,(e) section 141 of that Act (offensive weapons) as it has effect in relation to England and Wales,(f) section 141A of that Act (sale of bladed articles to persons under 18) as it has effect in relation to England and Wales,(g) section 141B of that Act (limitations on defence to offence under section 141A: England and Wales),(h) any of sections 1 to 4 of this Act (sale and delivery of corrosive products) as they have effect in relation to England and Wales or Scotland,(i) section 6 of this Act (offence of having a corrosive substance in a public place) as it has effect in relation to England and Wales, or(j) any of sections 18 to 21 of this Act (sale and delivery of knives etc) as they have effect in relation to England and Wales.(2) The Scottish Ministers may from time to time issue guidance about—(a) section 1 of the Restriction of Offensive Weapons Act 1959 as it has effect in relation to Scotland and other than in relation to the importation of a knife to which that section applies,(b) section 141 of the Criminal Justice Act 1988 as it has effect in relation to Scotland,(c) section 141A of that Act as it has effect in relation to Scotland,(d) section 141C of that Act (defence to offence under section 141A where remote sale or letting on hire: Scotland),(e) section 6 of this Act as it has effect in relation to Scotland, or(f) any of sections 18 to 21 of this Act as they have effect in relation to Scotland.(3) The Department of Justice in Northern Ireland may from time to time issue guidance about—(a) Article 22 of the Public Order (Northern Ireland) Order 1987 (SI 1987/463 (NI 7)) (carrying of offensive weapon in public place),(b) section 139 of the Criminal Justice Act 1988 as it has effect in relation to Northern Ireland,(c) section 139A of that Act as it has effect in relation to Northern Ireland, (d) section 141 of that Act as it has effect in relation to Northern Ireland,(e) Article 53 of the Criminal Justice (Northern Ireland) Order 1996 (SI 1996/3160 (NI 24)) (manufacture or sale of certain knives),(f) Article 54 or 54A of that Order (sale of bladed articles to persons under 18),(g) any of sections 1 to 4 of this Act as they have effect in relation to Northern Ireland,(h) section 6 of this Act as it has effect in relation to Northern Ireland, or(i) any of sections 18 to 21 of this Act as they have effect in relation to Northern Ireland.(4) A national authority who issues guidance under this section may from time to time revise it.(5) Subsection (6) applies if a national authority proposes to issue guidance under this section—(a) on a matter on which the authority has not previously issued such guidance, or(b) which the authority considers to be substantially different from guidance previously issued under this section.(6) Before the national authority issues the guidance, the authority must consult such persons likely to be affected by it as the authority considers appropriate.(7) A national authority must arrange for any guidance issued by the authority under this section to be published in such manner as the authority thinks appropriate.(8) This section does not permit a national authority to give guidance to a court or tribunal.(9) In this section “national authority” means—(a) the Secretary of State,(b) the Scottish Ministers, or(c) the Department of Justice in Northern Ireland.(10) Until the coming into force of the repeal of section 141(4) of the Criminal Justice Act 1988 (ban on importation of weapons) by paragraph 119(2) of Schedule 7 to the Policing and Crime Act 2009, this section has effect as if—(a) subsection (1)(e) referred to section 141 of the Criminal Justice Act 1988 as it has effect in relation to—(i) England and Wales, or(ii) the importation of a weapon to which that section applies into any other part of the United Kingdom;(b) subsection (2)(b) referred to that section as it has effect in relation to Scotland and other than in relation to the importation of a weapon to which that section applies, and(c) subsection (3)(d) referred to that section as it has effect in relation to Northern Ireland and other than in relation to the importation of a weapon to which that section applies.”Member’s explanatory statementThis amendment would permit the Secretary of State, the Scottish Ministers or the Department of Justice in Northern Ireland to issue guidance about the operation of offences relating to offensive weapons.

Amendment 106 agreed.

Clause 44: Regulations

Amendment 107 not moved.

Clause 45: Extent