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EnactedRoyal Assentc. 17

Offensive Weapons Act 2019

This bill became lawView the statute on acthub →c. 17 · 16 May 2019

Bill texts 7

  • Bill 232 2017-19 (as introduced)Bill · 19 Jun 2018download soon
  • Bill 265 2017-19 (as amended in Committee)Bill · 12 Sept 2018download soon
  • HL Bill 149 (as introduced)Bill · 29 Nov 2018download soon
  • HL Bill 160 (as amended in Grand Committee)Bill · 12 Feb 2019download soon
  • HL Bill 162 (as amended on Report)Bill · 04 Mar 2019download soon
  • Bill 363 2017-19, Lords Amendments to the BillBill · 20 Mar 2019download soon
  • HL Bill 170 Commons amendments in lieu of Lords amendments, and Commons amendments to Lords amendmentsBill · 27 Mar 2019download soon

Amendments 60

Committee stage — Lords 20

NotMovedClause 1EditBillBody

at end insert— The appropriate national authority must by regulations amend Schedule 1 by adding reference to the following substances and their concentration limits within the period of six months beginning with the date on which this Act is passed—

Moved: Lord LucasSponsor: Lord Ramsbotham#10976
WithdrawnClause 1EditBillBody

at end insert— The defence in subsection (2) is satisfied if a person has complied with a process that has been certified as adequate by the police.”

Moved: Lord Lucas#10979
NotMovedClause 2EditBillBody

at end insert “and that a photographic record of these facts has been retained”

Moved: Lord Lucas#10980
NotMovedClause 2EditBillBody

at end insert “, and that photographic evidence of proof of age of the person to which the package was being delivered would be obtained and retained by the seller”

Moved: Lord Lucas#10984
NotMovedClause 2EditBillBody

at end insert “, and that the police had so certified”

Moved: Lord Lucas#10985
NotMovedClause 1EditBillBody

leave out “imprisonment for a term not exceeding 6 months” and insert “a community sentence” Member’s explanatory statement

Moved: Lord PaddickSponsor: Baroness Hamwee, Lord Ramsbotham#11000
WithdrawnClause 1EditBillBody

leave out “imprisonment for a term not exceeding 51 weeks” and insert “a community sentence” Member’s explanatory statement

Moved: Lord PaddickSponsor: Baroness Hamwee, Lord Ramsbotham#11001
DisagreedClause 3DeleteClauseOrSchedule

The above-named Lords give notice of their intention to oppose the Question that Clause 3 stand part of the Bill.

Moved: Lord PaddickSponsor: Baroness Hamwee#11083
NotMovedClause 3EditBillBody

at end insert “without, in the case of a person charged in England and Wales or Northern Ireland, having taken all reasonable precautions and exercised all due diligence to avoid the commission of the offence.”

Moved: Lord PaddickSponsor: Baroness Hamwee#11084
NotMovedClause 3EditBillBody

leave out subsection (8)

Moved: Lord PaddickSponsor: Baroness Hamwee#11085
WithdrawnClause 1EditBillBody

leave out “to” and insert “and”

Moved: Viscount Craigavon#11089
NotMovedClause 3EditBillBody

at end insert— In this section, “corrosive product” means—

Moved: Viscount Craigavon#11090
NotMovedClause 2EditBillBody

leave out “supply” and insert “delivery”

Moved: Lord PaddickSponsor: Baroness Hamwee#11101
WithdrawnClause 2EditBillBody

leave out from “products” to “were” in line 20

Moved: Lord PaddickSponsor: Baroness Hamwee#11102
NotMovedClause 2EditBillBody

leave out lines 5 to 8 and insert “The seller is to be regarded as having taken all reasonable precautions and exercised all due diligence if the”

Moved: Lord PaddickSponsor: Baroness Hamwee#11103
WithdrawnClause 1EditBillBody

after “may” insert “, following consultation with representatives of persons likely to be affected,”

Moved: Lord PaddickSponsor: Baroness Hamwee#11104
NotMovedClause 1EditBillBody

leave out subsection (8)

Moved: Lord PaddickSponsor: Baroness Hamwee#11105
NotMovedClause 1EditBillBody

at end insert— A community sentence imposed under this section may include a condition prohibiting the offender from selling corrosive products.”

Moved: Lord PaddickSponsor: Baroness Hamwee#11106
NotMovedClause 1EditBillBody

leave out subsection (2)

Moved: Lord PaddickSponsor: Baroness Hamwee#11107
WithdrawnClause 1EditBillBody

at end insert “without, in the case of a person charged in England and Wales or Northern Ireland (subject to section 2), having taken all reasonable precautions and exercised all due diligence to avoid the commission of the offence”

Moved: Lord PaddickSponsor: Baroness Hamwee#11108

Report stage — Lords 20

AgreedClause 1EditBillBody

at end insert— References to a corrosive product in this section and sections 2 to 4 do not include a substance or product which is contained in a battery.”

Moved: Baroness Williams of Trafford#11252
AgreedClause 1EditBillBody

leave out “subsection (12)” and insert “this section”

Moved: Baroness Williams of Trafford#11253
AgreedClause 1EditBillBody

at end insert— Before making regulations under subsection (12) the appropriate national authority must consult such persons likely to be affected by the regulations as the authority considers appropriate.”

Moved: Baroness Williams of Trafford#11254
AgreedClause 1EditBillBody

at beginning insert “Subject to subsection (13A),”

Moved: Baroness Williams of Trafford#11255
WithdrawnClause 1EditBillBody

at end insert— The Secretary of State must, within one month of the coming into force of this section, publish guidance as to how the requirements of the defence under subsection (2) may be fulfilled.”

Moved: Lord Lucas#11298
WithdrawnClause 1EditBillBody

after second “if” insert “they used a prescribed electronic method of establishing the purchaser’s age, or”

Moved: Lord Lucas#11302
NotMovedClause 3EditBillBody

leave out “or to both”

Moved: Lord PaddickSponsor: Baroness Hamwee#11345
NotMovedClause 3EditBillBody

leave out from “Ireland,” to “to” in line 2

Moved: Lord PaddickSponsor: Baroness Hamwee#11346
NotMovedClause 3EditBillBody

leave out from “Wales,” to end of line 45 and insert “to a fine”

Moved: Lord PaddickSponsor: Baroness Hamwee#11347
NotMovedClause 3EditBillBody

at end insert— A person is to be taken to have shown a matter mentioned in subsection (9) in the case of delivery to a person aged under 18 if—

Moved: Lord PaddickSponsor: Baroness Hamwee#11348
NotMovedClause 3EditBillBody

at beginning insert “Subject to subsection (10A)”

Moved: Lord PaddickSponsor: Baroness Hamwee#11349
NotMovedClause 3EditBillBody

at end insert— A person is to be taken to have taken reasonable precautions and exercised due diligence if—

Moved: Lord PaddickSponsor: Baroness Hamwee#11350
NotMovedClause 3EditBillBody

leave out “all”

Moved: Lord PaddickSponsor: Baroness Hamwee#11351
NotMovedClause 3EditBillBody

leave out “all”

Moved: Lord PaddickSponsor: Baroness Hamwee#11352
WithdrawnClause 3EditBillBody

at end insert “unless the delivery is into the hands of a person aged 18 or over”

Moved: Lord PaddickSponsor: Baroness Hamwee#11353
NotMovedClause 1EditBillBody

leave out “or to both”

Moved: Lord PaddickSponsor: Baroness Hamwee#11354
NotMovedClause 1EditBillBody

leave out from “Ireland,” to “to” in line 18

Moved: Lord PaddickSponsor: Baroness Hamwee#11355
WithdrawnClause 1EditBillBody

leave out from “Wales,” to end of line 16 and insert “to a fine”

Moved: Lord PaddickSponsor: Baroness Hamwee#11356
NotMovedClause 1EditBillBody

leave out second “all”

Moved: Lord PaddickSponsor: Baroness Hamwee#11357
WithdrawnClause 1EditBillBody

leave out first “all”

Moved: Lord PaddickSponsor: Baroness Hamwee#11358

3rd reading — Lords 20

AgreedClause 38EditBillBody

at end insert— The Secretary of State may by regulations determine the conditions of being designated a trusted courier of bladed products in England and Wales for the purposes of section 38(1)(aa).

Moved: Lord Kennedy of Southwark#12291
AgreedClause 38EditBillBody

at end insert— the delivery is not made by a trusted courier of bladed products, and”

Moved: Lord Kennedy of Southwark#12292
NotMovedClause 23EditBillBody

leave out subsections (4) and (5) and insert— An interim knife crime prevention order under section 17 has effect for a period not longer than 28 days after the order takes effect, subject to section 27 (variation, renewal or discharge).

Moved: Lord Ponsonby of Shulbrede#12294
NotMovedClause 22EditBillBody

at end insert— in a case where the defendant is aged under 18, a youth offending team.”

Moved: Lord Ponsonby of Shulbrede#12295
NotMovedClause 20EditBillBody

leave out subsections (2) and (3) and insert— Before making the application the prosecution must obtain and consider a pre­-injunction report from the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the prosecution that the defendant lives.

Moved: Lord Ponsonby of Shulbrede#12296
NotMovedClause 17EditBillBody

at end insert— In a case where the defendant is aged under 18, in forming any such opinion as is mentioned in subsection (3), the court may consult the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the court that the defendant lives.

Moved: Lord Ponsonby of Shulbrede#12297
NotMovedClause 16EditBillBody

leave out “(6)” and insert “(8)”

Moved: Lord Ponsonby of Shulbrede#12298
NotMovedClause 15EditBillBody

leave out subsections (4) to (6) and insert— Subsections (5) to (8) apply if a person proposes to apply for a knife crime prevention order under section 14 in respect of a defendant who—

Moved: Lord Ponsonby of Shulbrede#12299
NotMovedClause 18EditBillBody

at end insert— In a case where the defendant is aged under 18, in forming any such opinion as is mentioned in subsection (5), the court may consult the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the court that the defendant lives.

Moved: Lord Ponsonby of Shulbrede#12300
AgreedClause 48EditBillBody

at end insert— In this section “the relevant date”—

Moved: Baroness Williams of Trafford#12308
AgreedClause 48EditBillBody

leave out “20th June 2018” and insert “the relevant date”

Moved: Baroness Williams of Trafford#12309
AgreedClause 48EditBillBody

leave out “20th June 2018” and insert “the relevant date”

Moved: Baroness Williams of Trafford#12310
AgreedClause 48EditBillBody

after “45” insert “(by itself or in combination with section 46)”

Moved: Baroness Williams of Trafford#12311
AgreedClause 47EditBillBody

after “45” insert “(by itself or in combination with section 46)”

Moved: Baroness Williams of Trafford#12312
AgreedClause 47EditBillBody

after “45” insert “(by itself or in combination with section 46)”

Moved: Baroness Williams of Trafford#12313
AgreedClause 47EditBillBody

after “45” insert “(by itself or in combination with section 46)”

Moved: Baroness Williams of Trafford#12314
AgreedClause 46EditBillBody

leave out “(7)” and insert “(7B)”

Moved: Baroness Williams of Trafford#12315
AgreedClause 46EditBillBody

leave out “(7)” and insert “(7B)”

Moved: Baroness Williams of Trafford#12316
AgreedClause 45EditBillBody

at end insert— After subsection (12) insert—

Moved: Baroness Williams of Trafford#12317
AgreedClause 46EditBillBody

at end insert— After paragraph 5A insert—

Moved: Baroness Williams of Trafford#12318