Citation, interpretation and extent

1. —(1) These Regulations may be cited as the Offensive Weapons Act 2019 (Commencement No. 2) (England and Wales) Regulations 2021.

(2) In these Regulations—

“KCPO” means a knife crime prevention order;

“the specified period” means the period beginning with 5th July 2021 and ending with 31st March 2023 ;

“the 2019 Act” means the Offensive Weapons Act 2019.

(3) These Regulations extend to England and Wales.

Commencement of Part 2 of the 2019 Act

2. —(1) The following provisions of the 2019 Act come into force on 5th July 2021 in relation to the metropolitan police district( 2 ) for the specified period—

(a) section 14(1) to (6), (9) and (10) (KCPO made otherwise than on conviction);

(b) section 15 (requirements for application for order under section 14);

(c) section 16 (application without notice);

(d) section 17(1) to (3) (interim KCPO: application without notice);

(e) section 18(1) to (5) and (8) (interim KCPO: application not determined);

(f) section 19(1) to (4) and (7) to (11) (KCPO made on conviction);

(g) section 20 (requirement to consult on an application for order under section 19);

(h) section 26 (review of KCPO);

(i) section 27 (variation, renewal or discharge of a KCPO);

(j) section 28 (appeal against a KCPO);

(k) section 32 (consequential amendments).

(2) The following provisions of the 2019 Act, so far as they relate to a KCPO or interim KCPO applied for or made in the metropolitan police district, come into force on 5th July 2021 in relation to England and Wales for the specified period—

(a) section 14(7) and (8);

(b) section 17(4) to (6);

(c) section 18(6) and (7);

(d) section 19(5) and (6);

(e) section 21 (provisions of a KCPO);

(f) section 22 (requirements included in a KCPO);

(g) section 23 (duration of a KCPO)( 3 );

(h) section 24 (notification requirements);

(i) section 25 (offences relating to notification)( 4 );

(j) section 29 (offence of breaching a KCPO)( 5 );

(k) section 33 (interpretation of Part 2 of the 2019 Act).

Period for which KCPOs and interim knife crime prevention orders are to have effect

3. —(1) Where an interim KCPO is made during the specified period under section 17 or 18 of the 2019 Act, the order is to cease to have effect at the end of the specified period (unless the order ceases to have effect before that date under sections 23(4), (5) or (9) or 27 of the 2019 Act, as the case may be( 6 ));

(2) Where a KCPO is made during the specified period under section 14 or 19 of the 2019 Act but does not take effect before the end of the specified period( 7 ), the order is to cease to have effect at the end of that period (unless the order ceases to have effect before that date under sections 23(3), (9) or 27 of the 2019 Act, as the case may be( 8 ));

(3) Where a KCPO is made during the specified period under section 14 or 19 of the 2019 Act and has effect immediately before the end of the specified period, the order is to cease to have effect at the end of the period of 6 months following the end of the specified period (unless the order ceases to have effect before that date under sections 23(3), (9) or 27 of the 2019 Act, as the case may be).

Saving

4. Where a KCPO has effect immediately before the end of the specified period, the following provisions of the 2019 Act continue in effect in relation to those orders for a further period of 6 months—

(a) sections 21 to 25 (provisions of KCPO and notification requirements);

(b) section 26(1), (2), (5) and (6) (review of KCPO);

(c) section 27 (variation, renewal or discharge of KCPO) in so far as it applies to an application for an order varying or discharging a KCPO;

(d) sections 28 and 29 (appeal against KCPO and offence of breaching KCPO);

(e) section 32(2) and (3) (consequential amendments);

(f) section 33 (interpretation).