141ZAApplication of section 141 to swords: further provision

1

This section applies where the Scottish Ministers make an order under subsection (2) of section 141 directing that the section shall apply to swords.

2

The Scottish Ministers may include in the order provision for or in connection with modifying section 141 in its application to swords.

3

The Scottish Ministers may in particular—

a

provide for defences (including in particular defences relating to religious, cultural or sporting purposes) to offences;

b

increase the penalties specified in subsection (1) of section 141 (or that subsection as modified) so as to make a person liable—

i

on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine or both;

ii

on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or both;

c

create an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) relating to the provision, without reasonable excuse, of false information by a person acquiring a sword in circumstances specified in the order.

4

In making provision under subsection (3)(a) the Scottish Ministers may make provision for or in connection with—

a

the granting, and revocation, by them of authorisations in relation to the acquisition of swords;

b

enabling them to specify conditions in such authorisations;

c

requiring persons to whom authorisations are granted to comply with such conditions;

d

making it an offence (punishable on summary conviction only and subject to a penalty which is no greater than that mentioned in subsection (6)) to fail to comply with any such conditions.

5

Defences specified under subsection (3)(a) may relate to swords in general or to a class, or classes, of sword specified in the order.

6

The penalty is—

a

imprisonment for a term not exceeding 12 months; or

b

a fine not exceeding level 5 on the standard scale,

or both.

7

The power conferred by subsection (2) is without prejudice to the generality of the power conferred by section 141(11G).