Member

176: After Clause 35, insert the following new Clause— “Sale and delivery of crossbows: Northern Ireland: supplementary provision(1) After Article 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (inserted by section (Delivery of crossbows: Northern Ireland)) insert—“Interpretation of Articles 3A to 3I(1) This Article applies for the interpretation of Articles 3A to 3I.(2) A person (“A”) is not in the presence of another person (“B”) at any time if—(a) where A is an individual, A or a person acting on behalf of A is not in the presence of B at that time;(b) where A is not an individual, a person acting on behalf of A is not in the presence of B at that time.(3) A person other than an individual—(a) is within the United Kingdom at any time if the person carries on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time;(b) is outside the United Kingdom at any time, if the person does not carry on a business of selling or letting on hire articles of any kind from premises in any part of the United Kingdom at that time.(4) “Residential premises” means premises used solely for residential purposes.(5) The circumstances where premises are not residential premises include, in particular, where a person carries on a business from the premises.(6) A person charged with an offence is to be taken to have shown a matter if—(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and(b) the contrary is not proved beyond reasonable doubt.Power to create other defences by regulations3K. The Department of Justice may by regulations provide for other defences for a person charged with an offence under any of Articles 3C, 3E, 3F, 3G or 3H.”.(2) In Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (punishments)—(a) in paragraph (1) for “this Order” substitute “Article 3, 4 or 5”;(b) after paragraph (1) insert—“(1A) A person guilty of an offence under Article 3C is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).(1B) A person guilty of an offence under Article 3E, 3F, 3G, 3H or 3I is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”(3) After Article 8 of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) insert—“Regulations(1) Regulations made by the Department of Justice under Article 3B(4)(d) are subject to negative resolution.(2) Regulations under any other provision of this Order may not be made by the Department of Justice unless a draft of the regulations has been laid before and approved by a resolution of the Northern Ireland Assembly.”.(4) In section 66(3) of the Offensive Weapons Act 2019 (guidance on offences relating to offensive weapons etc), after paragraph (d) insert—“(da) any of Articles 3 to 3I of the Crossbows (Northern Ireland) Order 1988 (S.I. 1988/794 (N.I. 5)) (sale etc of crossbows),”.” Member’s explanatory statement This amendment makes provision about crossbows for Northern Ireland similar to that made by clause 35 for England and Wales.