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s 20

Prescribed weapons—members of Scottish associations

In force
Schedule 2Exempt persons—prohibited weapons
Part 2Exemptions

20 Prescribed weapons—members of Scottish associations

A person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a weapon of a kind prescribed for the purposes of this clause if—

(a)

(i)

the person is a member of an incorporated association that has as its sole or a principal purpose the fostering and preservation of

Scottish culture or the playing or singing of Scottish music; or

(ii)

the person is a member of a society, body or other group (whether or not incorporated) that is affiliated with an incorporated association and both the society, body or group and the incorporated association with which it is affiliated have as their sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; and

(b)

the person has possession of all of the clothes and other accoutrements traditionally worn with the weapon (or, if the weapon is traditionally worn with different clothes on different occasions, he or she has possession of the clothes and accoutrements for at least 1 of those occasions); and

(c)

the person has possession of the weapon solely for the purpose of—

(i)

wearing it with that clothing; and

(ii)

if the weapon is of a kind prescribed for the purposes of this subparagraph—using it in traditional Scottish ceremonies; and

(d)

if the weapon is of a kind prescribed for the purposes of paragraph (c)(ii)—the person only uses the weapon for the purposes of traditional Scottish ceremonies; and

(e)

the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except—

(i)

for the purpose of wearing it with that clothing; or

(ii)

for the purpose of lending it to a person who is entitled under section 21F of this Act to have possession of it; or

(iii)

for the purpose of permanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it).

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