Violent Crime Reduction Act 2006

4 (1) A person is guilty of an offence if— N.I.

(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.

[F1 (2A) The Department of Justice may by regulations—

(a) provide for exceptions and exemptions from the offence under sub-paragraph (1)(a), (b) or (c); 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.]

(3) The Secretary of State may by regulations—

(a) provide for exceptions and exemptions from the offence under sub-paragraph [F2 (1)(d)]; 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 [F3 (2A) or (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[F4 the Department of Justice or (as the case may be)] the Secretary of State thinks fit.

[F5 (4A) The power of the Department of Justice to make regulations under sub-paragraph (2A) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.]

[F5 (4B) That power includes power—

(a) to make different provision for different cases;

(b) to make provision subject to such exemptions and exceptions as the Department of Justice thinks fit; and

(c) to make such incidental, supplemental, consequential and transitional provision as the Department of Justice thinks fit.]

[F5 (4C) Regulations under sub-paragraph (2A) shall be subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).]

(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.

Textual Amendments

F1 Sch. 2 para. 4(2A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 11 para. 15(2) (with arts. 28-31)

F2 Word in Sch. 2 para. 4(3) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 11 para. 15(3) (with arts. 28-31)

F3 Words in Sch. 2 para. 4(4) substituted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 11 para. 15(4)(a) (with arts. 28-31)

F4 Words in Sch. 2 para. 4(4)(c) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 11 para. 15(4)(b) (with arts. 28-31)

F5 Sch. 2 para. 4(4A)-(4C) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 11 para. 15(5) (with arts. 28-31)

Commencement Information

I1 Sch. 2 para. 4 in force at 1.10.2007 by S.I. 2007/2180, art. 4(d)(i)