Scottish Statutory Instrument 2002 No. 323

      The Criminal Justice Act 1988 (Offensive Weapons) Amendment (Scotland) Order 2002


      © Crown Copyright 2002

      Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

      The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

      It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

      The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Criminal Justice Act 1988 (Offensive Weapons) Amendment (Scotland) Order 2002, ISBN 0 11061523 9. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

      Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

      To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.


SCOTTISH STATUTORY INSTRUMENTS


2002 No. 323

CRIMINAL LAW

The Criminal Justice Act 1988 (Offensive Weapons) Amendment (Scotland) Order 2002

  Made 21st June 2002 
  Coming into force 22nd June 2002 

The Scottish Ministers, in exercise of the powers conferred by section 141(2) of the Criminal Justice Act 1988[1] and of all other powers enabling them in that behalf, hereby make the following Order a draft of which has, in accordance with section 141(3) of that Act, been laid before and approved by resolution of the Scottish Parliament:

     1.  - (1) This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) Amendment (Scotland) Order 2002 and shall come into force on the day after the day on which it is made.

    (2) This Order extends to Scotland and, in so far as it extends beyond Scotland, it does so only as a matter of Scots law.

    
2. After paragraph 1(n) of the Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988[2] insert-

      " (o) a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone).".


JAMES WALLACE
A member of the Scottish Executive

St Andrew's House, Edinburgh
21st June 2002



EXPLANATORY NOTE

(This note is not part of the Order)


Section 141(1) of the Criminal Justice Act 1988 ("the 1988 Act") provides that any person who manufactures, sells or hires, or offers for sale or hire, exposes or has in his or her possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which that section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both. The import of any such weapon is prohibited by section 141(4) of the 1988 Act.

The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 (S.I. 1988/2019) specifies the descriptions of weapons to which section 141 of the 1988 Act applies. This Order adds a new description of weapon, the disguised knife, to the list of weapons specified in the 1988 Order.

This Order comes into force on the day after the day on which it is made.


Notes:

[1] 1988 c.33. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).back

[2] S.I. 1988/2019.back



ISBN 0 11061523 9


 


Other Scottish Statutory Instruments | UK Statutory Instruments | Home |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2002
Prepared 12 July 2002