Member

175: After Clause 35, insert the following new Clause— “Delivery of crossbows: Northern IrelandIn the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)), after Article 3B (inserted by section (Remote sale and letting of crossbows: Northern Ireland)) insert—“Offence of seller etc delivering crossbows or parts of crossbows to residential premises(1) This Article applies if—(a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and(b) A and B are not in each other’s presence at the time of the sale.(2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—(a) delivers the crossbow or part of a crossbow to residential premises, or(b) arranges for its delivery to residential premises.(3) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—(a) delivers the crossbow or part of a crossbow to a locker, or(b) arranges for its delivery to a locker.(4) In paragraph (3) “locker” means a lockable container to which the crossbow or part of a crossbow is delivered with a view to its collection by B, or a person acting on B’s behalf, in accordance with arrangements made between A and B.Defences to offences under Article 3C(1) It is a defence for a person charged with an offence under Article 3C(2)(a) to show that the delivery conditions were met.(2) It is a defence for a person charged with an offence under Article 3C(2)(b) to show that—(a) the arrangement required the person with whom it was made not to finally deliver the crossbow or part of a crossbow unless the delivery conditions were met, and(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the crossbow or part of a crossbow would not be finally delivered unless the delivery conditions were met. (3) It is a defence for a person charged with an offence under Article 3C(3) to show that they took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.(4) For the purposes of this Article the delivery conditions are that—(a) the person finally delivering the crossbow or part of a crossbow—(i) was shown by the person (“P”) into whose hands it was finally delivered an identity document issued to P in a physical form, or(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and(b) on the basis of that document or those steps, a reasonable person would have been satisfied—(i) that P was aged 18 or over, and(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.(5) “Identity document” has the same meaning as in Article 3B(4).Offence of contractor delivering crossbows or parts of crossbows to residential premises on behalf of UK seller(1) This Article applies if—(a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,(c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—(i) to deliver crossbows or parts of crossbows for A, or(ii) to arrange for the delivery of crossbows or parts of crossbows for A,(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and(e) pursuant to that arrangement, the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf.(2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered to residential premises by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—(a) is aged 18 or over, and(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.(3) A person acting on C’s behalf commits an offence if—(a) the crossbow or part of a crossbow is finally delivered to residential premises by that person or another person acting on C’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 person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.(4) It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met. (5) It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to residential premises to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.(6) It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.(7) For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—(a) C, or(b) a person who acts on C’s behalf.(8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).Offence of UK seller delivering crossbows or parts of crossbows to collection point(1) This Article applies if—(a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”), and(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time.(2) A commits an offence if, for the purposes of supplying the crossbow or part of a crossbow to B, A—(a) delivers the crossbow or part of a crossbow to a collection point, or(b) arranges for the crossbow or part of a crossbow to be delivered to a collection point.(3) It is a defence for a person charged with an offence under paragraph (2)(a) to show that—(a) when the package containing the crossbow or part of a crossbow was delivered to the collection point, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—(i) is aged 18 or over, and(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and(b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.(4) It is a defence for a person charged with an offence under paragraph (2)(b) to show that—(a) when the package containing the crossbow or part of a crossbow was given to the person with whom the arrangement was made, it was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—(i) is aged 18 or over, and(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and (b) the person charged with the offence took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.(5) “Collection point” means a place—(a) from which the crossbow or part of a crossbow may be collected by the person to whom the crossbow or part of a crossbow was sold or let on hire or a person acting on that person’s behalf, and(b) where on collection the crossbow or part of a crossbow is given by an individual to the person to whom the crossbow or part of a crossbow was sold or let on hire, or a person acting on that person’s behalf.Offence of contractor delivering crossbows or parts of crossbows to collection point(1) This Article applies if—(a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,(c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—(i) to deliver crossbows or parts of crossbows for A, or(ii) to arrange the delivery of crossbows or parts of crossbows for A, and(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows.(2) C commits an offence if, pursuant to the arrangement, C or a person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.(3) A person acting on C’s behalf commits an offence if, pursuant to the arrangement, that person or another person acting on C’s behalf delivers the crossbow or part of a crossbow to a collection point.(4) It is a defence for a person charged with an offence under this Article to show that—(a) when they delivered the package containing the crossbow or part of a crossbow to the collection point or a person acting on C’s behalf, the package was clearly marked to indicate that it contained a crossbow or part of a crossbow and should only be given into the hands of a person who—(i) is aged 18 or over, and(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual, and(b) they took all reasonable precautions and exercised all due diligence to ensure that the package containing the crossbow or part of a crossbow would be given into the hands of such a person.(5) It is a defence for a person charged with an offence under this Article to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.(6) For the purposes of this Article, a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—(a) C, or(b) a person who acts on C’s behalf.(7) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to deliver, or to arrange for the delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows). (8) “Collection point” has the meaning given in Article 3F.Offence of handing over crossbows or parts of crossbows at collection point(1) This Article applies if—(a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is within the United Kingdom at that time,(c) the crossbow or part of a crossbow is delivered to a collection point, and(d) condition A or condition B is satisfied.(2) Condition A is that—(a) the delivery is pursuant to an arrangement entered into before the delivery by—(i) the person operating the collection point (“the operator”), and(ii) A or the person delivering the crossbow or part of a crossbow to the collection point, and(b) the operator was aware when they entered into the arrangement that it covered the delivery to the collection point of crossbows or parts of crossbows.(3) Condition B is that A is the operator.(4) The operator commits an offence if the operator (or a person acting on the operator’s behalf)—(a) gives the crossbow or part of a crossbow to a person collecting it, but(b) does not give it into the hands of an eligible person.(5) A person acting on the operator’s behalf commits an offence if they—(a) give the crossbow or part of a crossbow to a person collecting it, but(b) do not give it into the hands of an eligible person.(6) “Eligible person” means a person who—(a) is aged 18 or over, and(b) if the person to whom the crossbow or part of a crossbow was sold or let on hire is an individual, is that individual.(7) It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the collection conditions were met.(8) The collection conditions are that—(a) the individual giving the crossbow or part of a crossbow to the person (“P”) collecting it —(i) was shown by P an identity document issued to P in a physical form, or(ii) took such steps to verify P’s age and identity as may be prescribed in regulations made by the Department of Justice, and(b) on the basis of that document or those steps, a reasonable person would have been satisfied—(i) that P was aged 18 or over, and(ii) if the person to whom the crossbow or part of a crossbow was sold or let on hire was an individual, that P was that individual.(9) It is a defence for a person charged with an offence under paragraph (4) or (5) to show that the person did not know, and a reasonable person would not have known, that the product was a crossbow or part of a crossbow.(10) In this Article—“collection point” has the meaning given in Article 3F;“identity document” has the meaning given in Article 3B(4). Offence of contractor delivering crossbows or parts of crossbows on behalf of non-UK seller(1) This Article applies if—(a) a person (“A”) sells or lets on hire a crossbow or part of a crossbow to another person (“B”),(b) A and B are not in each other’s presence at the time of the sale or letting on hire and A is outside the United Kingdom at that time,(c) before the sale or letting on hire A entered into an arrangement with a person (“C”) by which C agreed—(i) to deliver crossbows or parts of crossbows for A, or(ii) to arrange the delivery of crossbows or parts of crossbows for A,(d) C was aware when they entered into the arrangement that it covered delivering, or arranging the delivery of, crossbows or parts of crossbows, and(e) the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf.(2) C commits an offence if, when the crossbow or part of a crossbow is finally delivered by C or a person acting on C’s behalf, it is not delivered into the hands of a person who—(a) is aged 18 or over, and(b) if the person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.(3) A person acting on C’s behalf commits an offence if —(a) the crossbow or part of a crossbow is finally delivered by that person or another person acting on C’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 person to whom the crossbow or part of the crossbow was sold or let on hire is an individual, is that individual.(4) It is a defence for a person charged with an offence under paragraph (2) or (3) to show that the delivery conditions (within the meaning of Article 3D(4)) were met.(5) It is a defence for a person charged with an offence under paragraph (2) or (3) who did not finally deliver the crossbow or part of a crossbow to show that the person took all reasonable precautions, and exercised all due diligence, to avoid commission of the offence.(6) It is a defence for a person charged with an offence under paragraph (3) to show that the person did not know, and a reasonable person would not have known, that what was delivered was a crossbow or part of a crossbow.(7) For the purposes of this Article a person acts on C’s behalf if the person acts in relation to the crossbow or part of a crossbow pursuant to a relevant arrangement with—(a) C, or(b) a person who acts on C’s behalf.(8) A “relevant arrangement” is an arrangement entered into before the sale or letting on hire of the crossbow or part of a crossbow by which the person agreed to finally deliver, or to arrange for the final delivery of, crossbows or parts of crossbows (whether or not the person was aware that the arrangement covered crossbows or parts of crossbows).””Member’s explanatory statement This amendment makes provision about crossbows for Northern Ireland similar to that made by clause 34 for England and Wales.