The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

Transitional provisions: firearms

1.—(1) Any authorisation, certificate or permit granted, or approval given, by a Scottish chief officer in exercise of powers conferred by the 1968 Act(1) or the 1988 Act(2) is to be treated on and after the relevant day as if it had been granted or given by the chief constable of the Police Service of Scotland.

(2) Paragraph (3) applies to an application made under the 1968 Act or the 1988 Act to a Scottish chief officer—

(a) for the grant or renewal of a firearm certificate or a shot gun certificate, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a certificate or (as the case may be) a renewal;

(b) for the variation of a firearm certificate, but in respect of which no decision has been taken before the relevant day either to vary or refuse to vary the certificate;

(c) for a visitor’s firearm permit or a visitor’s shot gun permit, but in respect of which no decision has been taken before the relevant day either to grant or refuse to grant a permit;

(d) for the issue or renewal of a European firearms pass, but in respect of which no decision has been taken before the relevant day either to issue or refuse to issue a pass or (as the case may be) renew or refuse to renew a pass;

(e) for registration as a firearms dealer, but which has not been determined before the relevant day;

(f) for registration by a registered firearms dealer of a new place of business, but which has not been determined before the relevant day;

(3) Where this paragraph applies an application is to be treated on and after the relevant day as if it had been made to the chief constable of the Police Service of Scotland (and is to be determined accordingly).

(4) Where a Scottish chief officer has, by virtue of section 30D(1) or (2)(b)(3) or section 52(2) of the 1968 Act, by notice in writing ordered the holder of a firearms certificate to surrender or (as the case may be) deliver up that certificate and that certificate has not been surrendered or delivered up before the relevant day that notice is to be treated on and after the relevant day as having been given by the chief constable of the Police Service of Scotland.

(5) Where a Scottish chief officer has, by virtue of section 12(1) of the 1988 Act(4), by notice in writing required the holder of a firearms certificate to surrender that certificate, any firearms or any ammunition which are in the holder’s possession by virtue of that certificate and that certificate, those firearms or that ammunition has not before the relevant day been surrendered or delivered up, that notice is to be treated on and after the relevant day as having been given by the chief constable of the Police Service of Scotland.

(1)

1968 c.27.

(2)

1988 c.45.

(3)

Section 30D was inserted by the Firearms (Amendment) Act 1997 (c.5), section 40.

(4)

1988 c.45. Section 12(1) was amended by the Firearms (Amendment) Act 1997 (c.5), Schedule 2, paragraph 18.