Chemical Weapons Act 1996

JurisdictionUK Non-devolved
Citation1996 c. 6
Year1996
toxic chemicals and their precursors;munitions and other devices designed to cause death or harm through the toxic properties of toxic chemicals released by them;equipment designed for use in connection with munitions and devices falling within paragraph (b) .(2) Subsection (1) is subject to sections 2(2) and (3) , 10(1) and 11(2) (by virtue of which an object is not a chemical weapon if the use or intended use is only for permitted purposes) .peaceful purposes;purposes related to protection against toxic chemicals;legitimate military purposes;purposes of enforcing the law.(4) Legitimate military purposes are all military purposes except those which depend on the use of the toxic properties of chemicals as a method of warfare in circumstances where the main object is to cause death, permanent harm or temporary incapacity to humans or animals.(5) A toxic chemical is a chemical which through its chemical action on life processes can cause death, permanent harm or temporary incapacity to humans or animals; and the origin, method of production and place of production are immaterial.(6) A precursor is a chemical reactant which takes part at any stage in the production (by whatever method) of a toxic chemical.(7) References to an object include references to a substance.(8) The Convention is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris on 13 January 1993.(9) This section applies for the purposes of this Act.use a chemical weapon;develop or produce a chemical weapon;have a chemical weapon in his possession;participate in the transfer of a chemical weapon;engage in military preparations, or in preparations of a military nature, intending to use a chemical weapon.(2) For the purposes of subsection (1) (a) an object is not a chemical weapon if the person uses the object only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.(3) For the purposes of subsection (1) (b) , (c) , (d) or (e) an object is not a chemical weapon if the person does the act there mentioned with the intention that the object will be used only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.he acquires or disposes of the object or enters into a contract to acquire or dispose of it, orhe makes arrangements under which another person acquires or disposes of the object or another person enters into a contract to acquire or dispose of it.to acquire an object is to buy it, hire it, borrow it or accept it as a gift;to dispose of an object is to sell it, let it on hire, lend it or give it.that he neither knew nor suspected nor had reason to suspect that the object was a chemical weapon, orthat he knew or suspected it to be a chemical weapon and as soon as reasonably practicable after he first so knew or suspected he took all reasonable steps to inform the Secretary of State or a constable of his knowledge or suspicion.(7) Nothing in subsection (6) prejudices any defence which it is open to a person charged with an offence under this section to raise apart from that subsection.(8) A person contravening this section is guilty of an offence and liable on conviction on indictment to imprisonment for life.(1) Section 2 applies to acts done in the United Kingdom or elsewhere.(2) So far as it applies to acts done outside the United Kingdom, section 2 applies to United Kingdom nationals, Scottish partnerships, and bodies incorporated under the law of any part of the United Kingdom.(3) Her Majesty may by Order in Council

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT