Legislation – Anti-social Behaviour, Crime and Policing Act 2014

Anti-social Behaviour, Crime and Policing Act 2014, Section 109 is up to date with all changes known to be in force on or before 05 April 2026. 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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Changes and effects yet to be applied to Section 109:

s. 102(2)(ba) inserted by 2022 c. 32 Sch. 11 para. 35(2)(a)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 102(2)(ba) inserted by 2022 c. 32 Sch. 11 para. 35(2)(a)

PART 8Firearms

109Functions of Scottish Ministers under Firearms Acts

(1)

In section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

(a)

in subsections (1) and (1A), for the words between “commits an offence if,” and “, he has in his possession” there is substituted “
without authority
”;

(b)

in subsection (4), for the words from the beginning to “the Scottish Ministers” there is substituted “
An authority shall be subject to conditions specified in it, including such as the Secretary of State or the Scottish Ministers (as appropriate)
”;

(c)

in subsection (6), for the words before “revoke an authority” there is substituted “
The Secretary of State or the Scottish Ministers (as appropriate) may at any time, if they think fit,
”.

(2)

In section 5A of that Act (exemptions from requirement of authority under section 5)—

(a)

in subsections (1), (2)(a), (2)(b), (3), (4), (5), (6) and (7), for “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “
or the Scottish Ministers
”;

(b)

in subsection (6), for the words after “without the authority of the Secretary of State” there is substituted “
or the Scottish Ministers (as appropriate)
”.

(3)

In the Firearms (Amendment) Act 1997—

(a)

in sections 2, 3, 4, 5, 6, 7(1) and 8 (exemptions from prohibition on small firearms etc), for “The authority of the Secretary of State or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)” there is substituted “
The authority of the Secretary of State or the Scottish Ministers
”;

(b)

in section 7(3), for the words “or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998)”, in the first place where they occur, there is substituted “
or the Scottish Ministers
”.

(4)

In the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (S.I. 1999/1750)—

(a)

in Schedule 1, in the entry for the Firearms Act 1968, the words “5 and” are omitted;

(b)

in Schedule 5, paragraph 3 and paragraph 18(2) to (6), (7)(a) and (8) are omitted.