BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Offensive Weapons Act 2019 (Commencement No. 1) (England and Wales) Regulations 2020 No. 1480 (C. 41) URL: http://www.bailii.org/uk/legis/num_reg/2020/uksi_20201480_en_1.html |
||
[New search] [Help]
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Criminal Law, England And Wales
Made
8th December 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 70(1) of the Offensive Weapons Act 2019( 1):
1.—(1) These Regulations may be cited as the Offensive Weapons Act 2019 (Commencement No. 1) (England and Wales) Regulations 2020.
(2) These Regulations extend to England and Wales.
2. Subsections (1) and (4) of section 44 of the Offensive Weapons Act 2019 (defences to offences relating to dangerous knives) come into force on 10th December 2020 for the purpose of inserting the following provisions into section 1 of the Restriction of Offensive Weapons Act 1959( 2)—
(a) new subsection (3), other than paragraph (b);
(b) new subsections (6) to (8), so far as they apply to subsection (3) of that section.
Kit Malthouse
Minister of State for Crime and Policing
Home Office
8th December 2020
(This note is not part of these Regulations)
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 athttps://publications.parliament.uk/pa/bills/cbill/2017-2019/0232/IA%20-%20Offensive%20Weapons%20Bill.pdf
