Russian Federation, State Duma Elections, 18 September 2016: Statement of Preliminary Findings and Conclusions
The sections set out in Schedule 1to this Act shall be substituted for the sections 129 to 130 of the Gun Barrel Proof Act 1868 (in this Act referredto as “the Act of 1868”.
The transitional provisions set out in Schedule 2 to this Act shall have effect.
A person who commits an offence under section 30 (acting as Guardian while not qualified), section 122 (dealing with barrels bearing forged or counterfeit marks etc.) or section 143 (fraud by officers of the Two Companies) of the Act of 1868 shall be liable—
on summary conviction to a fine not exceeding the statutory maximum; and
on conviction on indictment to a fine.
Section 87 (refusing inspection of books), section 100 (acting contrary to declaration) and section 142 (neglect of duties) of the Act of 1868 shall cease to have effect.
Branch proof houses may be established under section 89 of the Act of 1868 in any proper and convenient place, wherever situated.
The Guardians shall have power to make any such rules and regulations as are mentioned in section 106 of the Act of 1868; and sections 101 to 105 of that Act (byelaws made by the Guardians) shall cease to have effect.
In rules, regulations and scales of proof made or altered under section 117 of the Act of 1868 measurements (whether of length, area, volume, mass or weight) may be expressed in imperial units or in metric units.
The Gun Barrel Proof Acts 1868 and 1950 shall extend to Scotland and Northern Ireland.
In this Act “the Act of 1868” means the Gun Barrel Proof Act 1868 and expressions to which a meaning is given for the purposes of the Act of 1868 have the same meaning in this Act.
Except so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended by or under any other enactment, including this Act.
The provisions mentioned in Schedule 3 to this Act shall have effect subject to amendments there specified, being minor amendments or amendments consequential on the provisions of this Act.
The enactments mentioned in Schedule 4 to this Act (which contains certain provisions which are obsolete or unnecessary) is hereby repealed to the extent specified in the third column of that Schedule.
When it appears to the Secretary of State that Schedule 2 to this Act can have no further application, he may by order made by statutory instrument repeal that Schedule; and the order may make such amendments and repeals in any other enactment as appear to the Secretary of State to be appropriate in consequence of that repeal.
This Act may be cited as the Gun Barrel Proof Act 1978.
This Act and the Gun Barrel Proof Acts 1868 and 1950 may be cited together as the Gun Barrel Proof Acts 1868 to 1978.
This Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.
This Act extends to Northern Ireland.
Section 1(1).
In this Act “convention proof mark” means any mark, sign or character of which a specimen is for the time being included in the register of proof marks published by the Permanent International Commission for the Proof of Small Arms established under a Convention done at Brussels on Ist July 1969 (in this section and in sections 130 and 131 of this Act referred to as “the register”), not being a mark, sign or character included therein as a United Kingdom proof mark. The Proof Master of each of the Two Companies shall keep at the Proof House a copy of the register for the time being in force, together with copies of any documents published by the Permanent International Commission amending that register; and the copy or copies so kept shall be open for public inspection without charge at all reasonable times. The Proof Masters of the Two Companies respectively shall from time to time, by advertisement published—
Subject to subsections (5) and (6) below, a barrel (wherever manufactured) bearing a convention proof mark shall, if the mark was lawfully impressed upon the barrel in accordance with the law applicable in the State to whose official Proof House the mark is attributed by the register, be exempt from liability to proof under this Act. Subject to subsections (4), (5) and (6) below, a barrel which would at any time have been liable to proof under this Act but for subsection (1) above shall not cease to be exempt from liability to proof under this Act, so long as it continues to bear the mark, sign or character by virtue of which it was so exempt under subsection (1), by reason only of the fact that the mark, sign or character in question has since ceased to be a convention proof mark. No offence shall be committed under this Act— The Proof Masters of the Two Companies, acting jointly, may by notice published as mentioned in section 129(3) of this Act withdraw any exemption continuing by virtue of subsection (2) above by reference to any mark, sign or character described in the notice, either generally or in relation to any class or description of barrels bearing the mark, sign or character in question. If a barrel of one sort which is exempt under subsection (1) above from liability to proof under this Act by virtue of any mark, sign or character impressed upon it is in the United Kingdom converted into a barrel of another sort, the barrel shall cease to be so exempt by virtue of that mark, sign or character from the time when the conversion is begun. If a barrel which is exempt under subsection (1) or (2) above from liability to proof under this Act by virtue of any mark, sign or character impressed upon it is in the United Kingdom, by any process of manufacture or by any other means except user and wear and tear, so reduced in substance or strength that the mark, sign or character does not represent the proof which the barrel would bear if it were then duly proved in the official Proof House of the State in question, the barrel shall thereupon cease to be so exempt by virtue of that mark, sign or character.
Subject to subsection (2) below, in any proceedings for an offence under this Act it shall be for the defendant or, in Scotland, the accused to show that any exemption under section 130 of this Act is applicable to the case. Subject to subsection (3) below, a person shall not be convicted of an offence under this Act by virtue of any withdrawal of exemption under section 130(4) of this Act unless it is shown that he knew at the time when the offence is alleged to have been committed that the exemption had been withdrawn. Subsection (2) above does not apply in any case where the defendant or, in Scotland, the accused was at the time when the offence is alleged to have been committed a gun maker or gun barrel maker, or a maker of or dealer in small arms or barrels, or in any parts for small arms or barrels. For the purposes of any proceedings for an offence under this Act a document purporting to be a copy of the register or of any document published by the Permanent International Commission amending the register shall be evidence (and, in Scotland, sufficient evidence) of the contents of the register at any time on or after the date on which the document in question purports to be published.
Section 1(2).
Subject to sub-paragraph (2) below, this Schedule applies to a barrel if— This Schedule shall cease to apply to any barrel if at any time after the passing of this Act the mark, sign or character by virtue of which it was immediately before the passing of this Act exempt under section 132 of the Act of 1868 from the provisions of that Act becomes a convention proof mark.
Subject to the following provisions of this paragraph, a barrel to which this Schedule applies shall be exempt from liability to proof under the Act of 1868 so long as it continues to bear the mark, sign or character by virtue of which it was immediately before the passing of this Act exempt under section 132 of that Act from the provisions of that Act; and accordingly no offence shall be committed under that Act in respect of or by reference to any such barrel by virtue of the fact that it has not been proved under that Act or the Gun Barrel Proof Act 1855. The Proof Masters of the Two Companies, acting jointly, may by notice published— withdraw any exemption continuing under this Schedule by reference to any mark, sign or character described in the notice, either generally or in relation to any class or description of barrels bearing the mark, sign or character in question. If a barrel of one sort which is exempt under this Schedule from liability to proof under the Act of 1868 by virtue of any work, sign or character impressed upon it is in the United Kingdom converted into a barrel of another sort, the barrel shall cease to be so exempt by virtue of that mark, sign or character from the time when the conversion is begun. If a barrel which is exempt under this Schedule from liability to proof under the Act of 1868 by virtue of any mark, sign or character impressed upon it is in the United Kingdom, by any process of manufacture or by any other means except user and wear and tear, so reduced in substance or strength that the mark, sign or character does not represent the proof which the barrel would bear if it were then duly proved in the official Proof House of the State in question, the barrel shall thereupon cease to be so exempt by virtue of that mark, sign or character.
The Proof Master of each of the Two Companies shall continue to keep the register of foreign proof marks kept before the passing of this Act under section 129 of the Act of 1868 (in this Schedule referred to as “the former register”), as it had effect immediately before the passing of this Act; and the former register shall continue to be open for public inspection without charge at all reasonable times at the Proof House of each of the Two Companies. The reference in paragraph (14) of section 121 of the Act of 1868 to any stamp or mark, or any part of any stamp or mark of a foreign country, registered by either of the Two Companies under the Gun Barrel Proof Act 1855 or under the Act of 1868, shall continue to be construed as referring to registration in the former register, and the reference in paragraph (6) of section 138 of the Act of 1868 to the register of foreign proof marks shall continue to be construed as a reference to the former register; but a person shall not by virtue of this sub-paragraph and paragraph 6(2) of Schedule 3 to this Act be liable to be punished twice under section 121 of the Act of 1868 for the same offence.
Subject to sub-paragraph (2) below, in any proceedings for an offence under the Act of 1868 it shall be for the defendant or, in Scotland, the accused to show that any exemption under this Schedule is applicable to the case. Subject to sub-paragraph (3) below, a person shall not be convicted of an offence under the Act of 1868 by virtue of any withdrawal of exemption under paragraph 2(2) above unless it is shown that he knew at the time when the offence is alleged to have been committed that the exemption had been withdrawn. Sub-paragraph (2) above does not apply in any case where the defendant or, in Scotland, the accused was at the time when the offence is alleged to have been committed a gun maker or gun barrel maker, or a maker of or dealer in small arms or barrels, or in any parts for small arms or barrels. For the purposes of any proceedings for an offence under the Act of 1868 the former register kept by the Proof Master of either of the Two Companies shall be conclusive evidence of the contents of that register as it had effect immediately before the passing of this Act, without production of any original document received from any consular authority or agent, and without proof of any other fact in verification of that register.
Section 8(1).
In section 4 of the Act of 1868— “the Permanent International Commission” means the Permanent International Commission for the Proof Small Arms mentioned in section 129(1) of this Act; “convention proof mark”has the meaning given in section 129(1) of this Act ; “statutory maximum”, in relation to a fine on summary conviction, means— after the words “The Several Weights by this Act or any Schedule thereto prescribed” there shall be inserted the words “which are expressed in imperial units”.
after the definition of " The Two Companies " there shall be inserted the following definition—;
after the definition of " Mark " there shall be inserted the following definitions—; and
after the words "The Several Weights by this Act or any Schedule thereto prescribed" there shall be inserted the words " which are expressed in imperial units ".
After section 6 of the Act of 1868 there shall be inserted the following section—
In section 21 of the Act of 1868— for the words “Justices for the Borough of Birmingham” there shall be substituted the words “justices for the petty sessional division of Birmingham.”; for the words “the Council of the said Borough” (twice) there shall he substituted the words “Birmingham City Council”; and for the words “Mayor for the Borough” there shall be substituted the words “Lord Mayor”.
for the words " Justices for the Borough of Birmingham " there shall be substituted the words " justices for the petty sessional division of Birmingham. ";
for the words " the Council of the said Borough " (twice) there shall be substituted the words " Birmingham City Council "; and
for the words " Mayor for the Borough" there shall be substituted the words " Lord Mayor ".
In section 28 of the Act of 1868 for the words “deemed guilty of a misdemeanour” there shall be substituted the words “guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years”.
In section 30 of the Act of 1868 for the words from “for every such offence” to “as a Guardian”, in the second place where those words occur, there shall be substituted the words “be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine” and for the words “Recovery of such Penalty” there shall be substituted the word “conviction”.
In sections 90 and 92 of the Act of 1868 for the words from “as to the Gunmakers Company” to “Birmingham” and in section 117 of that Act for the words from “ the London Gazette” to “Birmingham Newspapers respectively” there shall be substituted the wordspublished— .
in the London, Edinburgh and Belfast Gazettes ;
in a local newspaper circulating in Birmingham ;
in daily newspapers circulating generally in England and Wales, in Scotland and in Northern Ireland respectively ".
In section 95 of the Act of 1868 for the word “Byelaws” there shall be substituted the word “rules”.
In section 106 of the Act of 1868—
for the words “The Gunmakers Company” there shall be substituted the words “The Two Companies respectively”;
after the word “their” there shall be inserted the word “respective”; and
after the words “by them” there shall be inserted the word “respectively”.
In section 119 of the Act of 1868 for the words from “deemed guilty” to the end there shall be substituted the words “guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding two years.”.
In section 121 of the Act of 1868 for the words from “for every such offence” to “not more than” there shall be substituted the words “be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding” and for the words “a misdemeanour”, in the second place where they occur, there shall be substituted the words “an offence”. The said section 121 shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsection—
In section 122 of the Act of 1868—
for the words “for every such offence be subject to a Penalty as follows” there shall be substituted the words “be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine” ;
for the word “England”, wherever occurring, there shall be substituted the words “the United Kingdom” ;
in paragraphs (1) to (3) and (5) to (7) the words from “shall for every” to the end shall be omitted ; and
in paragraph (4) the words from “shall for every neglect” to “Twenty Pounds”, in the second place where those words occur, shall be omitted.
In section 123 of the Act of 1868 for the words from “deemed guilty” to the end there shall be substituted the words “guilty of an offence and liable on conviction on indictment to imprisonment for life”
In section 124 of the Act of 1868 for the words from “and any Penalty” to the end there shall be substituted the words “and proceedings for any offence under this Act which is punishable on summary conviction may be taken at any time not later than six months after the time when either of the Two Companies had, or with reasonable diligence might have had, notice that the offence had been committed”.
In section 127 of the Act of 1868 for the word “England”, wherever occurring, there shall be substituted the words “the United Kingdom”.
In section 138 of the Act of 1868— The said section 138 shall be renumbered as subsection (1) of that section and after that subsection there shall be inserted the following subsections—
For section 139 of the Act of 1868 there shall be substituted the following section—
For section 140 of the Act of 1868 there shall be substituted the following section—
In section 141 of the Act of 1868 for the words from “for every such offence” to “not more than” there shall be substituted the words “be guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding”.
In section 143 of the Act of 1868 for the words “for every such offence forfeit not exceeding Fifty Pounds” there shall be substituted the words “be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine”.
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Section 8(2). Chapter Short title Extent of repeal 31 & 32 Vict. c. cxiii. The Gun Barrel Proof Act 1868. In section 21, the words “the Borough of”, in the second place where those words occur. In section 23, 38, 40 and 56, the words “the Borough of”. Section 87. In section 89 the words from “as regards the Gunmakers Company” to “Birmingham”. Section 100 to 105. In section 122, in paragraphs (1) to (3) and (5) and (7) the words from “shall for every” to the end and in paragraph (4) the words from “shall for every neglect” to “Twenty pounds”, in the second place where those words occur. In section 124 the words “and Penalties”. Sections 125 and 126. In setion 127 the words “and Penalty”. In section 128 the words “any Penalty or”. Sections 142 and 144.