1.  This Order may be cited as the Firearms (Amendment) Act 1997 (Commencement) (No. 2) Order 1997.

2.  In this Order “the 1968 Act” means the Firearms Act 1968(2) and “the 1997 Act”means the Firearms (Amendment) Act 1997.

3.  Subject to the provisions of this Order—

(a)sections 15 (surrender of prohibited small firearms and ammunition) and 51 (power to make transitional, consequential etc. provisions) of the 1997 Act shall come into force on 10th June 1997;

(b)the provisions of the 1997 Act specified in Part I of the Schedule to this Order shall come into force on 1st July 1997, and

(c)the provisions of the 1997 Act specified in Part II of that Schedule shall come into force on 1st October 1997.

4.  Sections 1(2) (prohibition of certain small firearms) and 9 (prohibition of expanding ammunition) of the 1997 Act shall not have effect until 1st October 1997 in relation to the possession, sale or transfer of a firearm or ammunition by a person who, immediately before 1st July 1997,

(a)has the firearm or ammunition in his possession by virtue of a firearm certificate or a visitor’s firearm permit;

(b)has the firearm or ammunition in his possession by virtue of a permit issued under section 7 of the 1968 Act, or

(c)has the firearm in his possession by virtue of being a registered firearms dealer.

5.  Section 1(3) of the 1997 Act (amendment of prohibition of self-loading and pump-action rifles) shall not have effect in relation to weapons prohibited by section 5(1)(aba) of the 1968 Act(3).

6.  Section 41 of the 1997 Act (appeals) shall not have effect in relation to a decision made by a chief officer of police before 1st July 1997.

SCHEDULE

PART IPROVISIONS OF THE 1997 ACT COMING INTO FORCE ON 1ST JULY 1997

PART IIPROVISIONS OF THE 1997 ACT COMING INTO FORCE ON 1ST OCTOBER 1997

Explanatory Note

(This note is not part of the Order)

This Order brings into force the provisions of the Firearms (Amendment) Act 1997, subject to the transitional provisions and savings made by the Order and, in the case of sections 16, 17 and 18, insofar as they are not already in force. (Sections 16, 17 and 18 of the 1997 Act were brought into force on 17th March 1997 by the Firearms (Amendment) Act 1997 (Commencement) (No. 1) Order 1997 (S.I. 1997/1076) for the purposes only of making a compensation scheme.) References in this note to sections are references to sections of the 1997 Act.

Section 15 (which enables the Secretary of State to make arrangements for the orderly surrender of firearms) and section 51 (which enables him to make other transitional, consequential and saving provisions) are brought into force on 10th June. The provisions specified in Part I of the Schedule to this Order are brought into force on 1st July 1997, and the provisions specified in Part II of that Schedule are brought into force on 1st October 1997.

Article 4 provides that section 1(2) (whose effect is to prohibit certain small firearms) and section 9 (which prohibits expanding ammunition) are not to have effect until 1st October 1997 in relation to the possession, sale or transfer of such firearms or ammunition by virtue of a firearm certificate, police permit, or, in the case of a firearm, registration as a firearms dealer.

Article 5 provides that section 1(3) (which is an amendment to clarify the existing prohibition of pump-action and self-loading rifles) does not have effect so as to prohibit small firearms which will already be prohibited by virtue of section 1(2).

Article 6 provides that the new provisions dealing with appeals against decisions of chief officers, as substituted by section 41, are not to have effect in relation to such decisions made before 1st July 1997.