SCHEDULES

SCHEDULE 2Weapons etc.: corresponding provisions for Northern Ireland

Manufacture, import and sale of realistic imitation firearms

I14

1

A person is guilty of an offence if—

a

he manufactures a realistic imitation firearm;

b

he modifies an imitation firearm so that it becomes a realistic imitation firearm;

c

he sells a realistic imitation firearm; or

d

he brings a realistic imitation firearm into Northern Ireland or causes one to be brought into Northern Ireland.

2

Sub-paragraph (1) has effect subject to the defences in paragraph 5.

3

The Secretary of State may by regulations—

a

provide for exceptions and exemptions from the offence under sub-paragraph (1); and

b

provide for it to be a defence in proceedings for such an offence to show the matters specified or described in the regulations.

4

Regulations under sub-paragraph (3) may—

a

frame any exception, exemption or defence by reference to an approval or consent given in accordance with the regulations;

b

provide for approvals and consents to be given in relation to particular cases or in relation to such descriptions of case as may be specified or described in the regulations; and

c

confer the function of giving approvals or consents on such persons specified or described in the regulations as the Secretary of State thinks fit.

5

The power of the Secretary of State to make regulations under sub-paragraph (3) shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

6

That power includes power—

a

to make different provision for different cases;

b

to make provision subject to such exemptions and exceptions as the Secretary of State thinks fit; and

c

to make such incidental, supplemental, consequential and transitional provision as he thinks fit.

7

A realistic imitation firearm brought into Northern Ireland shall be liable to forfeiture under the customs and excise Acts.

8

In sub-paragraph (7) “the customs and excise Acts” has the meaning given by section 1 of the Customs and Excise Management Act 1979 (c. 2).

9

An offence under this paragraph shall be punishable, on summary conviction, with imprisonment for a term not exceeding 6 months or with a fine not exceeding level 5 on the standard scale, or with both.

10

In this paragraph “realistic imitation firearm” has the meaning given by paragraph 6.