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Air Weapons and Licensing (Scotland) Act 2015

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This is the original version (as it was originally enacted).

11Revocation of air weapon certificate

This section has no associated Explanatory Notes

(1)The chief constable must revoke an air weapon certificate if—

(a)the chief constable is satisfied that the holder of the certificate can no longer be permitted to possess an air weapon without danger to the public safety or to the peace, or

(b)the holder is prohibited from possessing an air weapon or other firearm under section 21 of the 1968 Act.

(2)The chief constable may revoke an air weapon certificate if—

(a)the chief constable has reason to believe that the holder—

(i)is no longer a fit person to be entrusted with an air weapon, or

(ii)no longer has a good reason to use, possess, purchase or acquire an air weapon,

(b)the chief constable is satisfied that the holder of the certificate has failed to comply with a condition attached to the certificate, or

(c)the holder fails to produce the certificate when required to do so under section 10(4).

(3)An air weapon certificate is revoked by the chief constable giving notice to the holder of the certificate to that effect.

(4)A notice under subsection (3) must—

(a)be given at least 7 days before the date on which the revocation is to take effect, and

(b)require the holder to surrender the certificate and any air weapons that the holder possesses by such date as the chief constable may specify in the notice.

(5)It is an offence for a person, without reasonable excuse, to fail to comply with the requirements of a notice given under subsection (3).

(6)A person who commits an offence under subsection (5) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(7)In the event that the holder of an air weapon certificate makes an appeal under section 34 against a decision to revoke the holder’s certificate—

(a)the revocation does not take effect, but

(b)the holder must still surrender the certificate and any air weapons that the holder possesses in accordance with the requirements of the notice given under subsection (3),

pending the determination or withdrawal of the appeal.

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