Criminal Justice (Miscellaneous Provisions) Act 2009

Amendment to section 3 of Principal Act.

28.— Section 3 of the Principal Act is amended by the substitution for subsection (3) of the following subsection:

“(3) Pending the commencement of section 30 of the Criminal Justice Act 2006 , the following provisions shall have effect for the purpose of continuing in force on a phased basis, for a maximum period of 12 months after the date of expiry of each certificate, all firearm certificates in force at the date of commencement of this subsection and that would otherwise expire on 31 July 2009 (“ relevant firearm certificates ”):

(a) The Commissioner shall establish a prescribed number of groups of relevant firearm certificates.

(b) Each group established shall be assigned a prescribed number of relevant firearm certificates selected randomly by the Commissioner in a prescribed manner.

(c) Notwithstanding paragraph (b), those certificates relating to firearms that would be deemed to be restricted firearms in accordance with section 29 of the Criminal Justice Act 2006 shall be assigned to the first group established.

(d) The firearm certificates in the first group shall continue in force until a prescribed date or dates in a prescribed month after July 2009.

(e) The firearm certificates in each subsequent group shall continue in force until a prescribed date in each subsequent month after the firearm certificates in the first group expire, and not later than 31 July 2010, until all relevant firearm certificates have expired.

(f) The Commissioner shall notify each holder of a relevant firearm certificate of the new date of expiry for that certificate determined under this section and shall invite each such holder to apply in due course under this section (as substituted by section 30 of the Criminal Justice Act 2006 ) for a new 3 year firearm certificate within a prescribed timeframe before the new date of expiry.

(g) A notification under paragraph (f) shall constitute part of the relevant firearm certificate to which it relates and shall be evidence of the new date of expiry of that certificate determined under this section.”.