The Firearms (Variation of Fees) Order 1994

Statutory Instruments

1994 No. 2615

ARMS AND AMMUNITION

The Firearms (Variation of Fees) Order 1994

Made

6th October 1994

Laid before Parliament

13th October 1994

Coming into force

1st January 1995

In pursuance of section 43 of the Firearms Act 1968(1), and section 15(4) of the Firearms (Amendment) Act 1988(2), I hereby make the following Order:

1.—(1) This Order may be cited as the Firearms (Variation of Fees) Order 1994 and shall come into force on 1st January 1995.

(2) This Order shall not extend to Scotland.

2.  References in this Order to “the 1968 Act” and “the 1988 Act” are, respectively, references to the Firearms Act 1968 and the Firearms (Amendment) Act 1988.

3.  The Firearms (Variation of Fees) Order 1990(3) (hereafter referred to as “the 1990 Order”) is hereby revoked.

4.  Section 32(1) of the 1968 Act (which relates to fees for firearm and shot gun certificates and which was set out, as amended, in Part I of Schedule 1 to the 1990 Order) shall have effect subject to the following amendments—

(a) in paragraph (a) for “£46” there shall be substituted “£56”;

(b) in paragraph (d) for “£17” there shall be substituted “£43”;

(c) in paragraph (e) for “£11” there shall be substituted “£18”;

and accordingly the said section 32(1) shall have effect as set out in Part I of Schedule 1 to this Order.

5.  Section 32(3A) of the 1968 Act (which provides that no fee shall be payable in respect of firearm certificates for certain signalling devices and which was set out, as amended, in Part II of Schedule 1 to the 1990 Order) shall continue to have effect as set out in Part II of Schedule 1 to this Order.

6.  Section 35(1) of the 1968 Act (which relates to the fee for registration as a firearms dealer and which was set out, as amended, in Part I of Schedule 2 to the 1990 Order) shall have effect with the substitution of “£118” for “£94”, and accordingly the said section 35(1) shall have effect as set out in Part I of Schedule 2 to this Order.

7.  Section 35(1A) of the 1968 Act (which relates to the fee for registration as a firearms dealer for the purposes only of a game fair, trade fair or exhibition, agricultural show or similar event, and which was set out, as amended, in Part II of Schedule 2 to the 1990 Order) shall continue to have effect as set out in Part II of Schedule 2 to this Order.

8.  Section 35(3) of the 1968 Act (which relates to the fee for a new certificate of registration and which was set out, as amended, in Part III of Schedule 2 to the 1990 Order) shall continue to have effect as set out in Part III of Schedule 2 to this Order.

9.  Section 15(4) of the 1988 Act (which relates to the fee for the grant or renewal of the Secretary of State’s approval of a rifle or pistol club for the purpose of exempting members from the need to hold a firearm certificate when engaged as members in target practice) shall have effect with the substitution of “£84” for “£33”, and accordingly the said section 15(4) shall have effect as set out in Schedule 3 to this Order.

Michael Howard

One of Her Majesty’s Principal Secretaries of State

Home Office

6th October 1994

Articles 4 and 5

SCHEDULE 1 SECTION 32(1) AND (3A) OF THE 1968 ACT

PART I

32.—(1) Subject to this Act, there shall be payable—

(a) on the grant of a firearm certificate a fee of £56;

(b) on the renewal of a firearm certificate a fee of £46;

(c) on any variation of a firearm certificate (otherwise than when it is renewed at the same time) so as to increase the number of firearms to which the certificate relates, a fee of £26;

(cc) on the replacement of a firearm certificate which has been lost or destroyed a fee of £9;

(d) on the grant of a shot gun certificate a fee of £43;

(e) on the renewal of a shot gun certificate a fee of £18; and

(f) on the replacement of a shot gun certificate which has been lost or destroyed a fee of £8.

PART II

(3A) No fee shall be payable on the grant, variation or renewal of a firearm certificate which relates solely to and, in the case of a variation, will continue when varied to relate solely to, a signalling device which, when assembled and ready to fire, is not more than eight inches long and which is designed to discharge a flare, or to ammunition for such a device.

Articles 6, 7 and 8

SCHEDULE 2 SECTION 35(1), (1A) AND (3) OF THE 1968 ACT

PART I

35.—(1) Subject to this Act, on the registration of a person as a firearms dealer there shall be payable by him a fee of £118.

PART II

(1A) If the chief officer of police for the area in which the applicant has applied to be registered is satisfied—

(a) that the only place of business in respect of which the application is made is at a game fair, trade fair or exhibition, agricultural show or an event of a similar character, and

(b) that the applicant’s principal place of business is entered in the register for another area,

the fee payable shall be £12.

PART III

(3) Before a person for the time being registered as a firearms dealer can be granted a new certificate of registration under section 33(5) of this Act, he shall pay a fee of £50.

Article 9

SCHEDULE 3 SECTION 15(4) OF THE 1988 ACT

(4) There shall be payable on the grant or renewal of an approval under this section a fee of £84 but this subsection shall be included in the provisions that may be amended under section 43 of the principal Act.

Explanatory Note

(This note is not part of the Order)

This Order, which extends only to England and Wales, increases certain fees payable under the Firearms Act 1968 (“the 1968 Act”) and the Firearms (Amendment) Act 1988 (“the 1988 Act”). Article 4 increases the fees payable under section 32 of the 1968 Act on the grant of a firearm or shot gun certificate or on the renewal of a shot gun certificate. The provisions of section 32 relating to fees for renewal, variation and replacement of a firearm certificate, and for replacement of a shot gun certificate, remain unchanged and are consolidated in this Order. (There is no increase either in the lower fee payable under section 11(3) of the 1988 Act for the grant or renewal of a shot gun certificate when a firearm certificate is granted or renewed on the same occasion.) Article 6 increases the fee payable under section 35(1) of the 1968 Act for registration as a firearms dealer. Article 9 increases the fee payable under section 15(4) of the 1988 Act for the Secretary of State’s approval of a rifle or pistol club whereby its members, whilst engaged as such in target practice, are exempted from the requirement to hold a firearm certificate. Articles 5, 7 and 8 consolidate in this Order all previous amendments of sections 32 and 35 of the 1968 Act relating to fees.

(1)

1968 c. 27; section 43 was extended by sections 11(4), 15(4) and 17(9) of, and paragraph 3(2) of the Schedule to, the Firearms (Amendment) Act 1988 (c. 45) but only section 15(4) is relevant to this Order.

(2)

1988 c. 45.

(3)

S.I. 1990/290.