Member

82: Clause 32, page 45, line 14, leave out paragraphs (a) to (e) and insert— “(a) in subsection (1) for paragraphs (c) to (e) substitute—“(c) before the sale, the seller entered into an arrangement with a person (“the contractor”) by which the contractor agreed—(i) to deliver bladed articles for the seller, or(ii) to arrange the delivery of bladed articles for the seller,(d) the contractor was aware when they entered into the arrangement with the seller that it covered delivering, or arranging the delivery of, bladed articles, and(e) pursuant to that arrangement, the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf.”;(b) omit subsections (2) and (3);(c) for subsections (4) to (9) substitute—“(4) The contractor commits an offence if, when the bladed article is finally delivered by the contractor or a person acting on the contractor’s behalf, it is not delivered into the hands of a person who—(a) is aged 18 or over, and(b) if the buyer is an individual, is the buyer.(4A) A person acting on the contractor’s behalf commits an offence if—(a) the bladed article is finally delivered by that person or another person acting on the contractor’s behalf, and(b) it is not delivered into the hands of a person who—(i) is aged 18 or over, and(ii) if the buyer is an individual, is the buyer.(4B) It is a defence for a person charged with an offence under subsection (4) or (4A) to show that the delivery conditions were met.(4C) It is a defence for a person charged with an offence under subsection (4) or (4A) who did not finally deliver the bladed article to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.(4D) It is a defence for a person charged with an offence under subsection (4A) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a bladed article.(4E) For the purposes of this section a person acts on the contractor’s behalf if the person acts in relation to the bladed article pursuant to a relevant arrangement with—(a) the contractor, or(b) a person who acts on the contractor’s behalf. (4F) A “relevant arrangement” is an arrangement entered into before the sale of the bladed article by which the person agreed to finally deliver, or to arrange for the final delivery of, bladed articles (whether or not the person was aware that the arrangement covered bladed articles).(4G) In this section the “delivery conditions” has the meaning given by section 40(4).”;(d) in subsection (10)—(i) for “subsection (4)” substitute “this section”;(ii) in paragraph (b) omit “Scotland or”;(iii) after paragraph (b) insert—“(c) on summary conviction in Scotland, to a fine not exceeding the statutory maximum;(d) on conviction on indictment in Scotland, to a fine.””Member’s explanatory statement See my amendment to clause 32, page 37, line 11.