Statutory Instruments
2022 No. 418 (C. 15)
Criminal Law
The Offensive Weapons Act 2019 (Commencement No. 2 and Saving Provision) Regulations 2022
Made
31st March 2022
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 70(1) and (6) of the Offensive Weapons Act 2019( 1 ).
Citation, interpretation and extent
1. —(1) These Regulations may be cited as the Offensive Weapons Act 2019 (Commencement No. 2 and Saving Provision) Regulations 2022.
(2) In these Regulations, “ the Act ” means the Offensive Weapons Act 2019.
(3) This Regulation extends to England and Wales, Scotland and Northern Ireland, but so far as it relates to regulation 2(e) it also extends to the Isle of Man and the British overseas territories except Gibraltar.
(4) Regulations 2(a) and 3(a) and (b) extend to England and Wales and Scotland.
(5) Regulations 2(b) and 3(c) to (e) extend to England and Wales.
(6) Regulation 2(c) and (d) extends to England and Wales, Scotland and Northern Ireland.
(7) Regulation 2(e) extends to England and Wales, Scotland, Northern Ireland, the Isle of Man and the British overseas territories except Gibraltar.
Provisions coming into force on 6th April 2022
2. The following provisions of the Act come into force on 6th April 2022—
(a) Sections 1 to 4 (sale and delivery of corrosive products), 64(1) to (4) (enforcement of offences relating to sale etc. of offensive weapons) and Schedule 1 (corrosive products);
(b) Sections 6 (offence of having a corrosive substance in a public place), 10 (search for corrosive substances: England and Wales), 34(1) (sale etc of bladed articles to persons under 18), 35 (defence to sale of bladed articles to persons under 18: England and Wales), 38 to 42 (delivery of bladed products and articles, defences and definitions), 45 (prohibition on the possession of offensive weapons on further education premises) and 50 to 53 (threatening with offensive weapons);
(c) Section 64(5) and 65 (Application of Regulatory Enforcements and Sanctions Act 2008);
(d) Section 66(1) (guidance on offences relating to offensive weapons etc) and (4) to (10), except so far as it confers functions on the Scottish Ministers or the Department of Justice in Northern Ireland;
(e) Section 67 (consequential amendments relating to armed forces).
Saving provision
3. Notwithstanding the commencement of the Act in regulation 2(a) and (b)—
(a) section 3(2) and (3) of the Act (delivery of corrosive products to residential premises etc) does not apply where, before 6th April 2022, the seller arranges for the delivery of a corrosive product and the delivery has not taken place by that date;
(b) section 4(4) of the Act (delivery of corrosive products to persons under 18) does not apply where the sale referred to in section 4(1)(a) of the Act takes place before 6th April 2022 and the person mentioned in section 4(1)(e) of the Act has not delivered the corrosive product by that date;
(c) section 38(2) and (3) of the Act (delivery of bladed products to residential premises etc) does not apply where, before 6th April 2022, the seller arranges for the delivery of a bladed product and the delivery has not taken place by that date;
(d) section 39(6) of the Act (delivery of bladed products to persons under 18) does not apply where the sale referred to in section 39(1)(a) of the Act takes place before 6th April 2022 and the person referred to in section 39(1)(e) of the Act has not delivered the bladed product by that date;
(e) section 42(4) of the Act (delivery of bladed articles to persons under 18) does not apply where the sale referred to in section 42(1)(a) of the Act takes place before 6th April 2022 and the person referred to in section 42(1)(e) of the Act has not delivered the bladed article by that date.
Kit Malthouse
Minister of State
Home Office
31st March 2022