Offensive Weapons Act 2019: Scottish statutory guidance

1. Introduction

Overview

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 final draft statutory guidance on the 2019 Act was published by the Home Office on 18 January 2022.

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.