Member

32: After Clause 31, insert the following new Clause— “Remote sale or letting of knives etc: Scotland(1) Section 141C of the Criminal Justice Act 1988 (remote sales and lettings of knives) is amended as follows.(2) For subsection (5) substitute—“(5) Condition A is that, before the sale or letting on hire—(a) the accused either—(i) obtained from the recipient a copy of an identity document issued to the recipient in a physical form and a photograph of the recipient, or(ii) took such steps to verify the recipient’s age as may be prescribed in regulations made by the Scottish Ministers, and(b) on the basis of that copy and photograph or those steps, a reasonable person would have been satisfied that the recipient was aged 18 or over.(5A) For the purposes of subsection (5) an “identity document” means—(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation;(c) a licence to drive a motor vehicle—(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or(ii) issued in the form of a photocard by a member State;(d) any other document specified in regulations made by the Scottish Ministers.”(3) In subsection (6)(b) for “a person aged 18 or over” substitute “the recipient”.(4) In subsection (7) for “a person aged 18 or over” substitute “the recipient”.(5) In subsection (9) omit “or a person acting on behalf of the recipient” in both places it occurs.(6) After subsection (10) insert—“(11) Regulations made by the Scottish Ministers under subsection (5)(a)(ii) are subject to the affirmative procedure.(12) Regulations made by the Scottish Ministers under subsection (5A)(d) are subject to the negative procedure.(13) For the meaning of “affirmative procedure” and “negative procedure” see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10).”(7) In section 141A(4B) of the Criminal Justice Act 1988 (sale of knives to persons under 18: Scotland) for paragraphs (a) to (b) substitute—“(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);(aa) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom or by or on behalf of an international organisation; (b) a licence to drive a motor vehicle—(i) granted under Part 3 of the Road Traffic Act 1988 or Part 2 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)), or(ii) issued in the form of a photocard by a member State;”.”Member’s explanatory statement This new clause makes provision for Scotland equivalent to that made for England and Wales by clause 31 (as amended by my amendments to that clause).