This statutory guidance is issued by the Scottish Government and relates to certain provisions contained within the Offensive Weapons Act 2019 ("the 2019 Act") that extend to Scotland.
This guidance covers provisions in the 2019 Act that extend only to Scotland and others which apply throughout the UK but which have a different effect in Scotland to other parts of the UK. It is separate from similar guidance issued by the UK Government in respect of the 2019 Act. The UK Government's guidance covers sections 1 to 5 of the 2019 Act in relation to the sale and delivery of corrosive products and other aspects of the 2019 Act (e.g. firearms under Part 6) which extend to Scotland but which relate to areas of responsibility reserved to the UK Government. The two pieces of guidance should be read together for those provisions. The UK Government's guidance can be found at the following link [will be included in final version].
The purpose of the guidance is to provide a readily accessible discussion of the key features of the legislation that extend only to Scotland and others which apply throughout the UK but which have a different effect in Scotland to other parts of the UK. This could be helpful for anyone interested in the relevant provisions, but in particular those required to comply with, or enforce, the measures contained within the 2019 Act.
Nothing in this guidance is intended to change how the legislation should be interpreted. It is for those operating the legislation and, ultimately, the courts to interpret the legislation.
The 2019 Act requires the Scottish Ministers to produce statutory guidance which relates to the provisions contained within the legislation that extend to Scotland. The 2019 Act also requires the Scottish Government to consult on draft guidance before it can publish the final version of the statutory guidance.
Therefore, the purpose of this consultation is to seek your views on this draft statutory guidance. The Scottish Government will then consider those views and amend the draft statutory guidance where it is deemed appropriate or necessary to do so.
What are your views on this draft Scottish statutory guidance?