Whether the sale, transportation and carrying of swords for the purposes of Scottish Highland dancing are exempt from the provisions of the…

The Custodial Sentences and Weapons (Scotland) Act 2007 enables the Scottish ministers to prohibit the manufacture, sale, hire, etc of swords, and to make exceptions for legitimate religious, cultural and sporting purposes. No such prohibitions are yet in place. The policy memorandum for the bill made it clear that Scottish Highland dancing is recognised as a part of our rich cultural heritage and will be one of the exceptions to the general prohibitions. Highland dancers will therefore be able to continue buying swords for use at their classes and competitions.
The Custodial Sentences and Weapons (Scotland) Act 2007 does not change the law on the carrying of swords in public. It is an offence under section 49 of the Criminal Law (Consolidation) (Scotland) Act 1995 to have any article which has a blade or is sharply pointed in a public place without good reason or lawful authority. Any individual instance will be a matter for the police, and ultimately the courts, but transporting a highland dancing sword to and from classes or competitions would generally appear to be a “good reason”.