Northern Ireland Arms Decommissioning Act 1997
| Jurisdiction | UK Non-devolved |
| Citation | 1997 c. 7 |
| Year | 1997 |
is made by the Secretary of State to facilitate the decommissioning of firearms, ammunition and explosives in Northern Ireland, andincludes provisions satisfying the requirements of sections 2 and 3 (whether or not it also includes other provisions) .(2) Section 2 of the (1) A decommissioning scheme must identify a period during which firearms, ammunition and explosives may be dealt with in accordance with the scheme (“the amnesty period”) .F127th February 2003, orsuch later day as the Secretary of State may by order from time to time appoint.more than twelve months after the day on which the order is made, orF2later than 27th February F62010.(4) An order under subsection (2) (b) shall be made by statutory instrument; and no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.transfer to the Commission mentioned in section 7, or to a designated person, for destruction;depositing for collection and destruction by the Commission or a designated person;provision of information for the purpose of collection and destruction by the Commission or a designated person;destruction by persons in unlawful possession.(2) In subsection (1) “designated person” means a person designated by the Secretary of State or, in the case of firearms, ammunition or explosives transferred or collected in the Republic of Ireland, a person designated by the Minister for Justice of the Republic.(1) No proceedings shall be brought for an offence listed in the Schedule to this Act in respect of anything done in accordance with a decommissioning scheme.(2) The Secretary of State may by order add any offence or description of offence to, or remove any offence or description of offence from, the list in the Schedule to this Act.shall be made by statutory instrument, andmay include such transitional provisions as appear to the Secretary of State to be expedient.(4) No order shall be made under subsection (2) unless a draft has been laid before, and approved by resolution of, each House of Parliament.(1) A decommissioned article, or information derived from it, shall not be admissible in evidence in criminal proceedings.(2) Evidence of anything done, and of any information obtained, in accordance with a decommissioning scheme shall not be admissible in criminal proceedings.(3) Subsections (1) and (2) shall not apply to the admission of evidence adduced in criminal proceedings on behalf of the accused.(4) Subsection (1) shall not apply to proceedings for an offence alleged to have been committed by the use of, or in relation to, something which was a decommissioned article at the time when the offence is alleged to have been committed.to discover information about anything done with or in relation to any decommissioned article,to discover who has been in contact with, or near to, any decommissioned article,to discover where any decommissioned article was at any time (including the conditions under which it was kept) ,to discover when any decommissioned article was in contact with, or near to, a particular person or when it was in a particular place or kept under particular conditions,to discover when or where any decommissioned article was made, orto discover the composition of any decommissioned article.to determine whether an article is, or contains, an explosive or ammunition,to determine the quantity of explosive or ammunition present, orto determine whether an article can safely be moved or otherwise dealt with.is sought for the purposes of the investigation of an offence alleged to have been committed at a time after the article became a decommissioned article, anddoes not concern the treatment of the article in accordance with a decommissioning scheme.(1) In this section “the Commission” means an independent organisation established by an agreement, made in connection with the affairs of Northern Ireland between Her Majesty’s Government in the United Kingdom and the Government of the Republic of Ireland, to facilitate the decommissioning of firearms, ammunition and explosives.confer on the Commission the legal capacities of a body corporate;confer on the Commission, in such cases, to such extent and with such modifications as the order may specify, any of the privileges and immunities set out in Part I of Schedule 1 to the International Organisations Act 1968;confer on members and servants of the Commission and members of their families who form part of their households, in such cases, to such extent and with such modifications as the order may specify any of the privileges and immunities set out in Parts II, III and V of that Schedule;make provision about the waiver of privileges and immunities.may make different provision for different cases (including different provision for different persons)
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