The Offensive Weapons Act Commencement Regulations have now been signed and laid, and will bring the remaining provisions within the Offensive Weapons Act 2019 into force on 6 April 2022. Consequential amendments are also made to the Sentencing Act 2020.
The measures which will be coming in to force on 6 April are:
Part 1: Corrosive products and substances
- Section 1: sale of corrosive products to persons under 18s
- Section 2: defence to remote sale of corrosive products to persons under 18
- Section 3: delivery of corrosive products to residential premises etc
- Section 4: Delivery of corrosive products to persons under 18
- Section 6: Offensive of having a corrosive substance in a public place
- Section 8: Appropriate custodial sentence for conviction under section 6 – this has now been superseded by the Sentencing Act 2020
- Section 9: Offence under section 6: relevant convictions – this has now been repealed by the Sentencing Act 2020
- Section 10: Search for corrosive substances
Part 3: Sale and delivery of knives etc
- Section 34: Sale etc of bladed articles to persons under 18
- Section 35: Defence of sale of bladed articles to persons under 18
- Section 38: Delivery of bladed products to residential premises etc
- Section 39: Delivery of bladed products to persons under 18
- Section 40: Defences to offence under section 38 and 39
- Section 41: Meaning of “bladed product” in sections 38 to 40
- Section 42: Delivery of bladed articles to persons under 18
Part 4: Possession etc of certain offensive weapons
- Section 45: Prohibition on the possession of offensive weapons in further education premises
Part 5: Threatening with offensive weapons
- Section 50: Offence of threatening with offensive weapon etc in a public place etc
- Section 51: Offence of threatening with offensive weapon etc on further education premises
- Section 52: Offence of threatening with an offensive weapon etc in a private place
- Section 54: Search for corrosive substance on school or further education premises
Part 6: Firearms
(Brings the Sentencing Act 2020 measure relating to mandatory minimum sentences into effect)
- Section 54(6): mandatory minimum sentencing for offences relating to rapid firing rifles and bump stocks
Part 7: Enforcement
- Section 64: Enforcement of offences relating to sale etc of offensive weapons
- Section 65: Application of Regulatory Enforcement and Sanctions Act 2008
Part 8: Supplementary
- Section 66: Guidance on offences relating to offensive weapons etc
- Section 67: Consequential amendments relating to armed forces
Schedules
- Schedule 1: Corrosive products
The regulations can be viewed at : The Offensive Weapons Act 2019 (Commencement No. 2 and Saving Provision) Regulations 2022 (legislation.gov.uk) and The Sentencing Act 2020 (Commencement No. 1) (England and Wales) Regulations 2022 (legislation.gov.uk)
The guidance on gov.uk will be reissued as is currently marked as the “final draft” and it will become statutory guidance on commencement of section 66 of the Offensive Weapons Act 2019 relating to guidance. This will be done on 6 April 2022.