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Offensive Weapons Act 2019

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This is the original version (as it was originally enacted).

39Delivery of bladed products to persons under 18

This section has no associated Explanatory Notes

(1)This section applies if—

(a)a person (“the seller”) sells a bladed product to another person (“the buyer”),

(b)the seller and the buyer are not in each other’s presence at the time of the sale and the seller is within the United Kingdom at that time,

(c)before the sale, the seller entered into an arrangement with a person who is a body corporate by which the person agreed to deliver bladed products for the seller,

(d)that person was aware when they entered into the arrangement that it covered the delivery of bladed products, and

(e)that person delivers the bladed product to residential premises pursuant to that arrangement.

(2)For the purposes of subsection (1)(b) a person (“A”) is not in the presence of another person (“B”) at any time if—

(a)where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;

(b)where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.

(3)For the purposes of subsection (1)(b) a person other than an individual is within the United Kingdom at any time if the person carries on a business of selling articles of any kind from premises in any part of the United Kingdom at that time.

(4)In subsection (1)(e) “residential premises” means premises used solely for residential purposes.

(5)The circumstances where premises are not residential premises for the purposes of subsection (1)(e) include, in particular, where a person carries on a business from the premises.

(6)The person mentioned in subsection (1)(e) commits an offence if, when they deliver the bladed product, they do not deliver it into the hands of a person aged 18 or over.

(7)A person guilty of an offence under subsection (6) is liable—

(a)on summary conviction in England and Wales, to a fine;

(b)on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.

(8)This section is subject to section 40 (defences).

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