§ 6 — Meaning of “manufacture” and associated terms

6.—(1) In this Act, unless the context otherwise requires, “manufacture” —(a)

in relation to a gun, includes any of the following:(i)

the assembling of a gun from parts of a gun (but excludes repair);

(ii)

the testing of the assembled object or thing as a gun;

(b)

in relation to a major part of a gun, or a gun accessory, includes any of the following:(i)

the assembling of a major part of a gun or a gun accessory from parts of that major part of a gun or that gun accessory (but excludes repair);

(ii)

the testing of the assembled object or thing as a major part of a gun or as a gun accessory, as the case may be;

(c)

in relation to any explosive, includes any of the following:(i)

the blending together of any substances to make the explosive;

(ii)

the altering of the chemical or physical nature of any substance or any object or thing to make the explosive;

(iii)

the breaking up, sorting out or unmaking of the explosive;

(iv)

the remaking, reconditioning or altering of the explosive to produce an explosive effect other than that for which the particular explosive was designed;

(v)

the filling of cartridge cases with projectiles or fitting of primers to cartridge cases;

(d)

in relation to an explosive precursor or a noxious substance, includes any of the following:(i)

the blending together of any substances to make the explosive precursor or noxious substance, as the case may be;

(ii)

the altering of the chemical or physical nature of any substance to make the explosive precursor or noxious substance, as the case may be;

(iii)

the remaking or reconditioning of the explosive precursor or noxious substance, as the case may be;

(iv)

the possessing of any object or thing for any purpose in sub‑paragraph (i), (ii) or (iii).

(2) In this Act, unless the context otherwise requires, “repair” of a gun or gun accessory, an explosive device or a weapon includes —(a)

the altering or modifying of the gun, gun accessory, explosive device or weapon, whether or not to rectify any damage to it or to return the gun, gun accessory, explosive device or weapon (as the case may be) to its original operable condition;

(b)

the testing of the gun, gun accessory, explosive device or weapon (as the case may be) with a view to assessing the operability of that gun, gun accessory, explosive device or weapon as repaired, being repaired or to be repaired; and

(c)

the possessing of any part of a gun, gun accessory, explosive device or weapon (as the case may be) for the purpose of any activity in paragraph (a) or testing in paragraph (b).

(3) For the purposes of this Act, a person takes part in the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor or a weapon or noxious substance, or the repair of a gun, gun accessory, an explosive or a weapon, if the person —(a)

takes, or takes part in, a step, or causes a step to be taken, in the process of —(i)

the manufacture of the gun, major part of a gun or gun accessory, explosive or explosive precursor or weapon or noxious substance; or

(ii)

the repair of a gun or gun accessory, an explosive or a weapon,

as the case may be; or

(b)

exercises control or direction over any step mentioned in paragraph (a)(i) or (ii), whichever is applicable.

(4) However, despite subsection (3), a person is not treated as taking part in —(a)

the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or

(b)

the repair of a gun or gun accessory, an explosive or a weapon,

by reason only that the person provided financing for any step taken in the process of the manufacture or repair of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be.

(5) Unless otherwise expressly provided, where a person —(a)

is granted a licence —(i)

to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or

(ii)

to repair a gun or gun accessory, an explosive or a weapon; or

(b)

is a class licensee authorised under a class licence —(i)

to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or

(ii)

to repair a gun or gun accessory, an explosive or a weapon,

the person must be treated as also granted a licence, or also a class licensee authorised under a class licence, as the case may be, to use or possess that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) for the purpose of manufacture or repair.

—(1) In this Act, unless the context otherwise requires, “manufacture” —(a)

in relation to a gun, includes any of the following:(i)

the assembling of a gun from parts of a gun (but excludes repair);

(ii)

the testing of the assembled object or thing as a gun;

(b)

in relation to a major part of a gun, or a gun accessory, includes any of the following:(i)

the assembling of a major part of a gun or a gun accessory from parts of that major part of a gun or that gun accessory (but excludes repair);

(ii)

the testing of the assembled object or thing as a major part of a gun or as a gun accessory, as the case may be;

(c)

in relation to any explosive, includes any of the following:(i)

the blending together of any substances to make the explosive;

(ii)

the altering of the chemical or physical nature of any substance or any object or thing to make the explosive;

(iii)

the breaking up, sorting out or unmaking of the explosive;

(iv)

the remaking, reconditioning or altering of the explosive to produce an explosive effect other than that for which the particular explosive was designed;

(v)

the filling of cartridge cases with projectiles or fitting of primers to cartridge cases;

(d)

in relation to an explosive precursor or a noxious substance, includes any of the following:(i)

the blending together of any substances to make the explosive precursor or noxious substance, as the case may be;

(ii)

the altering of the chemical or physical nature of any substance to make the explosive precursor or noxious substance, as the case may be;

(iii)

the remaking or reconditioning of the explosive precursor or noxious substance, as the case may be;

(iv)

the possessing of any object or thing for any purpose in sub‑paragraph (i), (ii) or (iii).

(2) In this Act, unless the context otherwise requires, “repair” of a gun or gun accessory, an explosive device or a weapon includes —(a)

the altering or modifying of the gun, gun accessory, explosive device or weapon, whether or not to rectify any damage to it or to return the gun, gun accessory, explosive device or weapon (as the case may be) to its original operable condition;

(b)

the testing of the gun, gun accessory, explosive device or weapon (as the case may be) with a view to assessing the operability of that gun, gun accessory, explosive device or weapon as repaired, being repaired or to be repaired; and

(c)

the possessing of any part of a gun, gun accessory, explosive device or weapon (as the case may be) for the purpose of any activity in paragraph (a) or testing in paragraph (b).

(3) For the purposes of this Act, a person takes part in the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor or a weapon or noxious substance, or the repair of a gun, gun accessory, an explosive or a weapon, if the person —(a)

takes, or takes part in, a step, or causes a step to be taken, in the process of —(i)

the manufacture of the gun, major part of a gun or gun accessory, explosive or explosive precursor or weapon or noxious substance; or

(ii)

the repair of a gun or gun accessory, an explosive or a weapon,

as the case may be; or

(b)

exercises control or direction over any step mentioned in paragraph (a)(i) or (ii), whichever is applicable.

(4) However, despite subsection (3), a person is not treated as taking part in —(a)

the manufacture of a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or

(b)

the repair of a gun or gun accessory, an explosive or a weapon,

by reason only that the person provided financing for any step taken in the process of the manufacture or repair of the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance, as the case may be.

(5) Unless otherwise expressly provided, where a person —(a)

is granted a licence —(i)

to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or

(ii)

to repair a gun or gun accessory, an explosive or a weapon; or

(b)

is a class licensee authorised under a class licence —(i)

to manufacture a gun, a major part of a gun or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; or

(ii)

to repair a gun or gun accessory, an explosive or a weapon,

the person must be treated as also granted a licence, or also a class licensee authorised under a class licence, as the case may be, to use or possess that gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) for the purpose of manufacture or repair.