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The Firearms (Northern Ireland) Order 2004
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The Firearms (Northern Ireland) Order 2004, SCHEDULE 2 is up to date with all changes known to be in force on or before 13 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- art. 6(3A) inserted by 2019 c. 17 s. 62(2)
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- art. 11(1A) inserted by 2019 c. 17 s. 62(4)
Article 14
SCHEDULE 2N.I.FIREARMS AND AMMUNITION IN MUSEUMS
This schedule has no associated Explanatory Memorandum
IntroductoryN.I.
1.—(1) In this Schedule—N.I.
“licence” means a museum firearms licence;
“museum” includes any institution which has as its purpose, or one of its purposes, the preservation for the public benefit of a collection of historical, artistic or scientific interest which includes or is to include firearms.
(2) References in this Schedule to the persons responsible for the management of a museum are to the board of trustees, governing body or other person or persons (whether or not incorporated) exercising corresponding functions.
Museum firearms licencesN.I.
2.—(1) The [F1Department of Justice] may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.N.I.
(2) While a licence [F2granted by the Department of Justice] is in force in respect of a museum the persons responsible for its management and their employees—
(a)may, without holding a firearm certificate, have in their possession, and purchase or acquire, for the purposes of the museum firearms and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence; F3. . .
(b)F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The [F1Department of Justice] shall not grant a licence in respect of a museum unless [F5the Department of Justice] is satisfied that the arrangements for exhibiting and keeping the firearms and ammunition in question are or will be such as not to endanger public safety or the peace.
(4) A licence [F6granted by the Department of Justice] shall be subject to such conditions specified in it as the [F1Department of Justice] thinks necessary for securing the safe custody of the firearms and ammunition in question.
(5) A licence [F6granted by the Department of Justice] shall (unless revoked or cancelled) continue in force for five years from the date on which it is granted.
(6) The [F1Department of Justice] may by order substitute for the period mentioned in sub-paragraph (5) such longer or shorter period as is specified in the order.
F1Words in Sch. 2 para. 2(1)(3)(4)(6) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 3(h) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F2Words in Sch. 2 para. 2(2) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F3Word in Sch. 2 para. 2(2)(a) omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F4Sch. 2 para. 2(2)(b) omitted (12.4.2010) by virtue of Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F5Words in Sch. 2 para. 2(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F6Words in Sch. 2 para. 2(4)(5) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(2)(e) (with arts. 28-31); S.I. 2010/977, art. 1(2)
Variation and revocationN.I.
3.—(1) The [F7Department of Justice] may by notice in writing to the persons responsible for the management of a museum—N.I.
(a)vary the conditions specified in a licence [F8granted by the Department of Justice] in respect of the museum; or
(b)vary the licence so as to extend or restrict the premises to which it applies.
(2) For the purposes of sub-paragraph (1) the [F7Department of Justice] may by notice under that sub-paragraph require the persons in question to produce the licence to [F9the Department of Justice] within 21 days from the date of the notice.
(3) The [F7Department of Justice] may by notice in writing to the persons responsible for the management of a museum revoke a licence [F10granted by the Department of Justice] in respect of the museum if—
(a)at any time [F11the Department of Justice] is satisfied that the continuation of the exemption conferred by the licence would result in danger to public safety or to the peace; or
(b)those persons or any of them or any employee of theirs has been convicted of an offence under this Schedule; or
(c)those persons have failed to comply with a notice under this paragraph requiring them to produce the licence.
(4) Where a licence [F12granted by the Department of Justice] is revoked the [F7Department of Justice] shall by notice in writing require the persons responsible for the management of the museum in question to surrender the licence to [F13the Department of Justice].
F7Words in Sch. 2 para. 3 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 3(h) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F8Words in Sch. 2 para. 3(1)(a) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F9Words in Sch. 2 para. 3(2) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F10Words in Sch. 2 para. 3(3) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(c) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F11Words in Sch. 2 para. 3(3)(a) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(d) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F12Words in Sch. 2 para. 3(4) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(e) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F13Words in Sch. 2 para. 3(4) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(3)(f) (with arts. 28-31); S.I. 2010/977, art. 1(2)
[F14Secretary of State's power to grant museum firearms licencesN.I.
F14Sch. 2 para. 3A inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(4) (with arts. 28-31); S.I. 2010/977, art. 1(2)
3A.—(1) The Secretary of State may, on an application in writing made on behalf of a museum, grant a licence in respect of that museum.N.I.
(2) While a licence granted by the Secretary of State is in force in respect of a museum the persons responsible for its management and their employees may, without the authority of the Secretary of State under Article 45, have in their possession, purchase or acquire for the purposes of the museum any prohibited weapons and ammunition which are or are to be normally exhibited or kept on its premises or on such of them as are specified in the licence.
(3) The Secretary of State shall not grant a licence in respect of a museum unless the Secretary of State is satisfied that the arrangements for exhibiting and keeping the prohibited weapons and ammunition in question are or will be such as not to endanger public safety or the peace.
(4) Paragraphs 2(4) to (6) and 3 apply in relation to licences granted by the Secretary of State; and for this purpose references to the Department of Justice are to be read as references to the Secretary of State.]
FeesN.I.
4. The appropriate fee shall be payable on the grant of a licence [F15by the Department of Justice] or such lesser amount as the [F16Department of Justice] may in any particular case determine.N.I.
F15Words in Sch. 2 para. 4 inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(5) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F16Words in Sch. 2 para. 4 substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 3(h) (with arts. 28-31); S.I. 2010/977, art. 1(2)
Offences and enforcementN.I.
5.—(1) It shall be an offence for any of the persons responsible for the management of a museum to—N.I.
(a)fail to comply; or
(b)cause or permit another person to fail to comply,
with any condition specified in [F17a licence] held in respect of that museum.
(2) A person who fails to comply with a notice under paragraph 3 [F18(including as applied by paragraph 3A(4))] shall be guilty of an offence.
(3) In proceedings against any person for an offence under sub-paragraph (1) it is a defence for him to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
F17Words in Sch. 2 para. 5(1) substituted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(6)(a) (with arts. 28-31); S.I. 2010/977, art. 1(2)
F18Words in Sch. 2 para. 5(2) inserted (12.4.2010) by Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), arts. 1(2), 9, Sch. 11 para. 12(6)(b) (with arts. 28-31); S.I. 2010/977, art. 1(2)
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