SCHEDULES
SCHEDULE 2Weapons etc.: corresponding provisions for Northern Ireland
4Manufacture, import and sale of realistic imitation firearms
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.