The Criminal Justice Act 1988 (Offensive Weapons) (Amendment, Surrender and Compensation) Order 2024

PART 4 Compensation for surrendered weapons

Interpretation

4.  In this Part—

“officer” means any person authorised to accept surrender of weapons in accordance with arrangements made under article 3;

“the standard level of compensation” means the level of compensation provided in article 5.

Value of surrendered weapons

5.  The standard level of compensation to be paid for each weapon surrendered in accordance with arrangements under this Part is £10.

Eligibility for compensation

6.  Compensation may be claimed by a person—

(a) in respect of a weapon, possession in private of which will become unlawful by virtue of Part 2;

(b) who—

(i) owned the weapon on 26th August 2024, or

(ii) on or before 26th August 2024 had contracted to acquire the weapon;

(c) who has surrendered the weapon in accordance with arrangements made under article 3 within the period beginning with 26th August 2024 and ending with 23rd September 2024; and

(d) who has made a declaration that the person is the legal owner of the weapon and that it was lawfully acquired.

Receipt for weapon surrendered

7.—(1) An officer receiving a weapon must, if satisfied that the criteria in article 6 have been met, issue a receipt containing a unique reference number to the person who surrendered the weapon.

(2) The officer must ensure that a copy of the receipt is retained with the weapon surrendered.

Claims for compensation

8.—(1) The claim form to be used for the purposes of this article is set out in the Schedule.

(2) A person who has surrendered a weapon in accordance with arrangements made under article 3 may make a claim to the Secretary of State on the claim form mentioned in paragraph (1).

(3) The claim form, to be forwarded by the officer to the Secretary of State, must be submitted at the same time as the weapon is surrendered.

(4) The claim form must contain—

(a) the claimant’s full name, date of birth and address;

(b) details of the bank account into which any compensation is to be paid;

(c) the unique reference number contained on the receipt issued under article 7; and

(d) the amount of compensation sought.

(5) If the amount of compensation sought is higher than the standard level of compensation, the claimant must provide sufficient evidence of valuation of the weapon to enable the Secretary of State to determine the claim.

(6) Evidence of valuation of a weapon may include—

(a) a valuation from an auction house;

(b) evidence of the price paid for the purchase of the weapon and the date of purchase; or

(c) published evidence of the value of the weapon.

(7) If not satisfied that the evidence of valuation supplied under paragraph (5) is sufficient to enable a determination of the claim to be made, the Secretary of State may request additional evidence to be supplied.

Determination and payment of claims

9.—(1) The Secretary of State must determine a claim made under article 8 as soon as reasonably practicable.

(2) No compensation is payable in respect of a claim which amounts to less than £30, but subject to that, the amount payable is to be determined in accordance with paragraphs (3) and (4).

(3) The amount of compensation payable for a weapon, if any, is the standard level of compensation, unless the claimant has indicated that a higher amount of compensation is sought.

(4) Where the claimant has sought a higher amount of compensation than the standard level of compensation, the amount payable, if any, is to be determined by the Secretary of State taking account of the valuation evidence supplied.

(5) If satisfied that compensation is payable under this Part, the Secretary of State must—

(a) notify the claimant in writing of the amount of compensation that the Secretary of State considers is payable and give reasons for the decision; and

(b) make payment of the amount determined into the bank account nominated for this purpose on the claim form submitted by the claimant.

(6) If not satisfied that compensation is payable under this Part, the Secretary of State must notify the claimant in writing that no compensation is to be paid and give reasons for the decision.