Firearms (Amendment) (No. 2) Act 1997

1997 CHAPTER 64

An Act to extend the class of prohibited weapons under the Firearms Act 1968 to include small-calibre pistols.

[27th November 1997]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Prohibition of small-calibre pistols.

In paragraph (aba) of section 5(1) of the Firearms Act 1968 (which describes a category of prohibited weapons consisting of all firearms less than 30 cm. in barrel length or 60 cm. in overall length, other than specified kinds of firearm) the words “a small-calibre pistol” shall cease to have effect.

2 Consequential amendments and repeals.

(1) The Firearms (Amendment) Act 1997 shall have effect subject to the following amendments.

(2) In section 15 (arrangements for the surrender of firearms prohibited by virtue of section 1 of that Act), after subsection (2) there shall be inserted—

“ (3) This section applies in relation to small-calibre pistols with the substitution for the reference in subsection (1) above to section 1 above of a reference to section 1 of the Firearms (Amendment) (No. 2) Act 1997(prohibition of small-calibre pistols). ”

(3) In section 16 (payments in respect of prohibited weapons), after subsection (3) there shall be inserted—

“ (4) This section applies in relation to small-calibre pistols surrendered at designated police stations in accordance with the arrangements made under section 15 above with the substitution—

(a) for the reference in paragraph (a) of subsection (2) above to 16th October 1996 of a reference to 14th May 1997; and

(b) for the reference in that subsection to section 1(2) above of a reference to section 1 of the Firearms (Amendment) (No. 2) Act 1997(prohibition of small-calibre pistols). ”

(4) In section 17 (payments in respect of ancillary equipment), after subsection (6) there shall be inserted—

“ (7) This section applies in relation to equipment designed or adapted for use in connection with small-calibre pistols with the substitution—

(a) for the reference in subsection (2)(a) above to firearms prohibited by virtue of section 1(2) above of a reference to small-calibre pistols; and

(b) for the reference in subsection (3)(a) above to 16th October 1996 of a reference to 14th May 1997. ”

(5) In section 18 (Parliamentary control of compensation schemes), for subsection (3) there shall be substituted—

“ (3) Subsections (1) and (2) above apply to an alteration to a compensation scheme as they apply to a compensation scheme. ”

(6) Section 51 (power to make transitional and consequential provisions, etc ) shall apply in relation to the provisions of this Act as it applies to the provisions of that Act.

(7) The enactments mentioned in the Schedule to this Act are repealed to the extent specified in the third column.

Prospective

3 Citation, commencement and extent.

(1) This Act may be cited as the Firearms (Amendment) (No. 2) Act 1997.

(2) This Act shall be included in the Acts which may be cited as the Firearms Acts 1968 to 1997.

(3) This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes and different areas.

(4) An order under subsection (3) may contain such transitional provision and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State to be necessary or expedient in connection with any provisions brought into force.

(5) This Act does not extend to Northern Ireland.

SCHEDULE

Section 2(7).

Repeals

Chapter	Short title	Extent of repeal
1968 c. 27.	Firearms Act 1968.	In section 5(1)(aba), the words “a small-calibre pistol”.
		Section 32(2B).
		Section 57(1A).
1988 c. 45.	Firearms (Amendment) Act 1988.	Section 15A.
1997 c. 5.	Firearms (Amendment) Act 1997.	Section 1(9).
		Sections 11 to 14.
		Sections 19 to 31.
		Section 45(2).
		Section 46.
		Section 49(2).
		In section 50(1), the definition of “licence”, “licensed pistol club” and “licensed premises”.
		Schedule 1.
		In Schedule 2, paragraph 13.

footnote	commentary	in force status	source count	in force adj
I1	S. 1 wholly in force at 1.3.1998; s. 1 not in force at Royal Assent see s. 3(3) ; s. 1 in force for certain purposes at 1.2.1998 and at 1.3.1998 otherwise by S.I. 1997/3114 , arts. 4 , 5 , Sch. Pt. II
I2	S. 2 wholly in force at 1.2.1998; s. 2 not in force at Royal Assent see s. 3(3)(4) ; s. 2(1)(2)(5)(6) wholly in force and s. 2(3)(4)(7) in force for specified purposes at 17.12.1997 and s. 2(3)(4)(7) in force at 1.2.1998 insofar as not already in force (subject to s. 5 of the commencing S.I.) by S.I. 1997/3114 , arts. 3 , 4 , Sch. Pts. I , II	text for certain specified purposes only, see the commentary.	“s. 2 not in force at Royal Assent see s. 3(3)(4)” “s. 2(1)(2)(5)(6) wholly in force and s. 2(3)(4)(7) in force for specified purposes at 17.12.1997 and s. 2(3)(4)(7) in force at 1.2.1998 insofar as not already in force (subject to s. 5 of the commencing S.I.) by S.I. 1997/3114 , arts. 3 , 4 , Sch. Pts. I , II”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
I3	Sch. wholly in force at 1.2.1998; Sch. not in force at Royal Assent see s. 3(3)(4) ; Sch. in force in relation to specified repeals at 17.12.1997 and at 1.2.1998 (subject to art. 5 of the commencing S.I.) by S.I. 1997/3114 , arts. 3 , 4 , Sch.
M1	1968 c. 27 .
M2	1997 c. 5 .
P1	S. 3(3)(4) power partly exercised (17.12.1997): different dates appointed for specified provisions by S.I. 1997/3114 , arts. 3 , 4 , 5 , Sch.

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text	Note
Changes that affect				Made by
Firearms (Amendment) (No. 2) Act 1997	1997 c. 64	Act	Appointed day(s) for spec. provns. (17.12.1997) (1.2.1998) (1.3.1998)	The Firearms (Amendment) (No. 2) Act 1997 (Commencement) Order 1997	1997 No. 3114	arts. 3 4 5 Sch. Pts. I II	Yes