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STATUTORY INSTRUMENTS


2005 No. 854

CHEMICAL WEAPONS

The Chemical Weapons (Overseas Territories) Order 2005

  Made 22nd March 2005 
  Coming into force 22nd April 2005 

At the Court at Buckingham Palace, the 22nd day of March 2005

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 39(3) of the Chemical Weapons Act 1996[1] and section 57 of the Anti-terrorism, Crime and Security Act 2001[2], is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows - 

Citation and commencement
     1. This Order may be cited as the Chemical Weapons (Overseas Territories) Order 2005 and shall come into force on 22nd April 2005.

Extent and construction
    
2.  - (1) The provisions of the Chemical Weapons Act 1996, excepted, adapted and modified as in Schedule 1 to this Order, shall extend to the territories listed in Schedule 3 to this Order.

    (2) The provisions of the Chemical Weapons Act 1996, as so excepted, adapted and modified, shall - 

     3.  - (1) Sections 50 to 56 of the Anti-terrorism, Crime and Security Act 2001, excepted and modified as in Schedule 2 to this Order, shall extend to the territories listed in Schedule 3 to this Order.

    (2) Sections 50 to 56 of the Anti-terrorism, Crime and Security Act 2001, as so excepted and modified, shall - 

Interpretation
    
4.  - (1) Except as otherwise provided, in the application of each Act to any of the territories to which it is extended, the expression "the Territory" means that territory.

    (2) In each Act, "Governor" means the Governor or other officer administering the government of the Territory.

    (3) In each Act, "justice of the peace" means a justice of the peace or a magistrate.

    (4) In each Act, "Attorney General" means the Attorney General of the Territory or, in his absence, any other person for the time being discharging his functions.


A.K. Galloway
Clerk of the Privy Council


SCHEDULE 1
Article 2


PROVISIONS OF THE CHEMICAL WEAPONS ACT 1996 AS EXCEPTED, ADAPTED AND MODIFIED AND EXTENDED TO THE TERRITORIES LISTED IN SCHEDULE 3


Introduction

General interpretation
     1.  - (1) Chemical weapons are - 

    (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).

    (3) Permitted purposes are - 

    (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 to 15 January 1993[
3].

    (9) This section applies for the purposes of this Act.

Chemical Weapons

Use etc of chemical weapons
     2.  - (1) No person shall - 

    (2) For the purposes of subsection (1)(a) an object is not a chemical weapon if the person uses the object 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.

    (4) For the purposes of subsection (1)(d) a person participates in the transfer of an object if - 

    (5) For the purposes of subsection (4) - 

    (6) In proceedings for an offence under subsection (1)(a), (c) or (d) relating to an object it is a defence for the accused to prove - 

    (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.

Application of section 2
     3.  - (1) Section 2 applies to acts done in the Territory or elsewhere.

    (2) So far as it applies to acts done outside the Territory, section 2 applies to United Kingdom nationals, and bodies incorporated under the law of the Territory.

    (3) For the purposes of this section a United Kingdom national is an individual who is - 

    (4) Proceedings for an offence committed under section 2 outside the Territory may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the Territory.

Suspicious objects
     4.  - (1) If - 

the Governor may serve on any person falling within that subsection a copy of a notice falling within subsection (3).

    (2) The persons falling within this subsection are - 

    (3) A notice falling within this subsection is a notice which - 

Power to remove or immobilise objects
     5.  - (1) If the Governor has reasonable cause to believe that - 

the Governor may authorise a person to enter the premises and to search them.

    (2) If a justice of the peace is satisfied on information on oath that there is reasonable cause to believe that an object is on premises (of whatever nature) and that it is a chemical weapon, he may issue a warrant in writing authorising a person acting under the authority of the Governor to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.

    (3) A person who acts under an authorisation given under subsection (1) or (2) may take with him such other persons and such equipment as appear to him to be necessary.

    (4) If a person enters premises under an authorisation given under subsection (1) or (2) and the object is found there he may make the object safe and - 

    (5) For the purposes of subsection (4) an object is made safe if, without being destroyed, it is prevented from being an immediate danger (as where a fuse is neutralised or the object is smothered in foam).

    (6) The powers conferred on an authorised person under this section shall only be exercisable, if the authorisation under subsection (1) or the warrant so provides, in the presence of a police officer.

    (7) This section applies whether or not any copy of a notice has been served under section 4.

Power to destroy removed objects
     6.  - (1) This section applies if an object is removed from premises under section 5, and for the purposes of this section - 

    (2) If at any time in the second six-month period the Governor decides that the object should be destroyed he may authorise a person to destroy it; but this is subject to subsections (3) to (5).

    (3) If at any time in the first six-month period - 

the Governor must serve on such a person a copy of a notice falling within subsection (4).

    (4) A notice falling within this subsection is a notice which - 

    (5) Before he reaches a decision under subsection (2) the Governor must - 

    (6) If an object is removed from premises under section 5 and destroyed under this section the Governor may recover from a responsible person any costs reasonably incurred by the Governor in connection with the removal and destruction; and a responsible person is any person who had possession of the object immediately before its removal.

    (7) If - 

the Governor must return the object to the person mentioned in paragraph (c) or, if there is more than one, to such of them as the Governor thinks appropriate.

Power to enter premises and destroy objects
     7.  - (1) This section applies if a warning has been affixed under section 5, and for the purposes of this section - 

    (2) If at any time in the second six-month period the Governor decides that the object should be destroyed it may be destroyed as provided by subsections (6) to (9); but this is subject to subsections (3) to (5).

    (3) If at any time in the first six-month period - 

the Governor must serve on such a person a copy of a notice falling within subsection (4).

    (4) A notice falling within this subsection is a notice which - 

    (5) Before he reaches a decision under subsection (2) the Governor must - 

    (6) If - 

the Governor may authorise a person to enter the premises and to destroy the object if it is found there.

    (7) If (whatever the nature of the premises concerned) a justice of the peace is satisfied on information on oath that a warning has been affixed under section 5, and that the Governor has decided at any time in the second six-month period that the object should be destroyed, he may issue a warrant in writing authorising a person acting under the authority of the Governor to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to destroy the object if it is found there.

    (8) A person who acts under an authorisation given under subsection (6) or (7) may take with him such other persons and such equipment as appear to him to be necessary.

    (9) The powers conferred on an authorised person under this section shall only be exercisable, if the authorisation under subsection (6) or the warrant so provides, in the presence of a police officer.

    (10) Where an object is destroyed under this section the Governor may recover from a responsible person any costs reasonably incurred by the Governor in connection with the destruction; and a responsible person is any person who had possession of the object immediately before the warning was affixed under section 5.

Compensation for destruction
     8.  - (1) This section applies if a person claims that - 

    (2) If the person concerned makes an application under this section to the supreme court of the Territory, and the court finds that his claim is justified, the court may order the Governor to pay to the applicant such amount (if any) by way of compensation as the court considers just.

    (3) If the court believes that the object would have been destroyed even if a copy of a notice had been served on the applicant under the section concerned the court must not order compensation to be paid under this section.

Offences relating to destruction etc
     9.  - (1) If - 

he is guilty of an offence.

    (2) If a person wilfully obstructs a person in - 

the person so obstructing is guilty of an offence.

    (3) If - 

he is guilty of an offence.

    (4) A person guilty of an offence under any of the preceding provisions of this section is liable - 

    (5) A person who knowingly makes a false or misleading statement in response to a copy of a notice served under section 4, 6 or 7 is guilty of an offence and liable - 

Destruction etc: supplementary
     10.  - (1) If an object is in the possession of a person who intends that it will be used only for permitted purposes, it is not a chemical weapon for the purposes of sections 4(1) and (3) and 5(1) and (2); and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.

    (2) For the purposes of sections 4 to 9 - 

    (3) In sections 5 to 9 "premises" includes land (including buildings), moveable structures, vehicles, vessels, aircraft and hovercraft.

    (4) Nothing in sections 4 to 7 affects any power arising otherwise than by virtue of those sections (such as a power to dispose of property in police possession in connection with the investigation of a suspected offence).

Premises for producing chemical weapons etc

Premises or equipment for producing chemical weapons
     11.  - (1) No person shall - 

    (2) For the purposes of subsection (1) an object is not a chemical weapon if the person intends 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.

    (3) A person contravening this section is guilty of an offence and liable on conviction on indictment to imprisonment for life.

Suspicious equipment or buildings
     12.  - (1) If - 

the Governor may serve on any person falling within that subsection a copy of a notice falling within subsection (3).

    (2) The persons falling within this subsection are - 

    (3) A notice falling within this subsection is a notice which - 

    (4) If the notice relates to equipment it must state that a person on whom the notice is served and who has the equipment in his possession must not relinquish possession of or alter or use, the equipment before a date specified in the notice.

Notice requiring destruction or alteration
     13.  - (1) If - 

the Governor may serve on each person falling within that subsection a copy of a notice falling within subsection (3).

    (2) The persons falling within this subsection are - 

    (3) A notice falling within this subsection is a notice which - 

    (4) If a notice under this section requires any equipment or building to be altered, a further notice under this section may - 

and the preceding provisions of this section shall apply to the further notice accordingly.

    (5) This section applies whether or not any copy of a notice has been served under section 12.

Power where notice not complied with
     14.  - (1) For the purposes of this section the qualifying condition is that - 

    (2) If a justice of the peace is satisfied on information on oath that the qualifying condition is fulfilled, he may issue a warrant in writing authorising a person acting under the authority of the Governor to take remedial action under this section.

    (3) If a person is authorised by a warrant to take remedial action under this section he may - 

    (4) The powers conferred on an authorised person under this section shall only be exercisable, if the warrant so provides, in the presence of a police officer.

    (5) If anything is done in exercise of the powers mentioned in this section, the Governor may recover from a responsible person any costs reasonably incurred by the Governor in connection with the exercise of those powers; and a responsible person is - 

Position where no notice can be served
     15.  - (1) For the purposes of this section the qualifying condition is that - 

    (2) The circumstances are that - 

    (3) If a justice of the peace is satisfied on information on oath that the qualifying condition is fulfilled, he may issue a warrant in writing authorising a person acting under the authority of the Governor to take remedial action under this section.

    (4) If a person is authorised by a warrant to take remedial action under this section he may - 

    (5) The powers conferred on an authorised person under this section shall only be exercisable, if the warrant so provides, in the presence of a police officer.

    (6) If anything is done in exercise of the powers mentioned in this section, the Governor may recover from a responsible person any costs reasonably incurred by the Governor in connection with the exercise of those powers; and a responsible person is - 

Compensation for destruction or alteration
     16.  - (1) This section applies if a person claims that - 

    (2) This section also applies if a person claims that - 

    (3) If the person concerned makes an application under this section to the supreme court of the Territory, and the court finds that his claim is justified, the court may order the Governor to pay to the applicant such amount (if any) by way of compensation as the court considers just.

    (4) If the court believes that the equipment or building would have been destroyed or altered even if a copy of a notice had been served on the applicant under section 13 the court must not order compensation to be paid under this section.

Offences relating to destruction etc
     17.  - (1) If - 

he is guilty of an offence.

    (2) If - 

he is guilty of an offence.

    (3) If a person wilfully obstructs - 

the person so obstructing is guilty of an offence.

    (4) A person guilty of an offence under any of the preceding provisions of this section is liable - 

    (5) A person who knowingly makes a false or misleading statement in response to a notice served under section 12 is guilty of an offence and liable - 

Destruction etc: supplementary
     18.  - (1) In sections 12 to 15 "chemical weapons production facility" has the meaning given by the definition of that expression in the Convention, and for this purpose - 

    (2) For the purposes of sections 12 to 16 "destroyed" and "destruction", in relation to a building, mean demolished and demolition.

    (3) Nothing in sections 12 to 15 affects any power arising otherwise than by virtue of those sections (such as a power to dispose of property in police possession in connection with the investigation of a suspected offence).

Chemicals for permitted purposes

Restriction on use etc
     19.  - (1) Subject to section 20 (which relates to licences) no person shall - 

    (2) A Schedule 1 toxic chemical or precursor is a toxic chemical or precursor listed in Schedule 1 to the annex on chemicals to the Convention; and for ease of reference that Schedule is set out in the Schedule to this Act.

    (3) A person contravening this section is guilty of an offence and liable - 

Licences
     20.  - (1) Section 19 does not apply to anything done in accordance with the terms of a licence granted by the Governor and having effect at the time it is done.

    (2) The Governor may - 

    (3) A variation or revocation shall take effect at such reasonable time as is specified in the notice served under subsection (2)(b).

    (4) The Governor may by order make provision with respect to appealing against a refusal to grant, renew or vary a licence or against a variation or revocation of a licence.

    (5) [omitted]

    (6) A person who knowingly makes a false or misleading statement for the purpose of obtaining a licence or renewal or variation of a licence, or of opposing a variation or revocation of a licence, is guilty of an offence and liable - 

Information for purposes of Act
     21.  - (1) If the Governor has grounds to suspect that a person is committing or has committed an offence under this Act the Governor may by notice served on the person require him to give in such form as is specified in the notice, and within such reasonable period as is so specified, such information as - 

    (2) A person who without reasonable excuse fails to comply with a notice served on him under subsection (1) is guilty of an offence and liable - 

    (3) A person on whom a notice is served under subsection (1) and who knowingly makes a false or misleading statement in response to it is guilty of an offence and liable - 

Information and records for the purposes of Convention
     22.  - (1) The Governor may by notice served on any person require him to give in such form as is specified in the notice, and within such reasonable period as is so specified, such information as - 

and the information required by a notice may relate to a state of affairs subsisting before the coming into force of this Act or of the Convention.

    (2) The Governor may by notice served on any person require him to keep such records as - 

    (3) A person who without reasonable excuse fails to comply with a notice served on him under subsection (1) or (2) is guilty of an offence and liable - 

    (4) A person on whom a notice is served under subsection (1) and who knowingly makes a false or misleading statement in response to it is guilty of an offence and liable - 

Identifying persons who have information
     23.  - (1) The Governor may make regulations requiring persons of any description specified in the regulations to inform him that they are of such a description.

    (2) Any such description must be so framed that persons within it are persons on whom the Governor is likely to want to serve a notice under section 22.

    (3) If regulations are made under this section the Governor shall arrange for a statement of the fact that they have been made to be published in such manner as is likely to bring them to the attention of persons affected by them.

    (4) A person who without reasonable excuse fails to comply with a requirement imposed by the regulations is guilty of an offence and liable - 

    (5) A person who knowingly makes a false or misleading statement in response to a requirement imposed by the regulations is guilty of an offence and liable - 

    (6) [omitted]

Inspections under Convention

Inspections: interpretation
     24. For the purposes of sections 25 to 28 - 

Rights of entry etc for purposes of inspections
     25.  - (1) If it is proposed to conduct a routine inspection, a challenge inspection or an assistance inspection in the Territory, the Governor may issue an authorisation under this section in respect of that inspection.

    (2) An authorisation under this section shall - 

    (3) Such an authorisation shall have the effect of authorising the inspection team - 

    (4) Such an authorisation shall in addition have the effect of - 

and the name of the person in charge of the in-country escort shall be stated in the authorisation.

    (5) An authorisation under this section in the case of a challenge inspection shall in addition have the effect of authorising the observer to exercise within the specified area such rights of access and entry as are conferred on him by the verification annex.

    (6) Any police officer giving assistance in accordance with subsection (4)(b) may use such reasonable force as he considers necessary for the purpose mentioned in that provision.

    (7) The occupier of any premises - 

or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorisation to be shown to him by a member of the in-country escort.

    (8) The validity of any authorisation purporting to be issued under this section in respect of any inspection shall not be called in question in any court of law at any time before the conclusion of that inspection.

    (9) Accordingly, where an authorisation purports to be issued under this section in respect of any inspection, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the inspection if they would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the inspection.

    (10) If in any proceedings any question arises whether a person at any time was or was not, in relation to any routine, challenge or assistance inspection, a member of the inspection team or a member of the in-country escort or the observer, a certificate issued by or under the authority of the Governor stating any fact relating to that question shall be conclusive evidence of that fact.

    (11) If an authorisation is issued under this section the Governor may issue an amendment varying the specified area, and - 

Offences in connection with inspections
     26.  - (1) If an authorisation has been issued under section 25 in respect of any inspection, a person is guilty of an offence if he - 

    (2) Subsection (1)(b) applies to interference which occurs at any time while the container, instrument or other object is retained in accordance with the verification annex.

    (3) A person guilty of an offence under this section is liable - 

Privileges and immunities in connection with inspections
     27.  - (1) Members of inspection teams and observers shall enjoy the same privileges and immunities as are enjoyed by diplomatic agents in accordance with the following provisions of the 1961 Articles, namely - 

    (2) Such persons shall, in addition, enjoy the same privileges as are enjoyed by diplomatic agents in accordance with paragraph 1(b) of Article 36 of the 1961 Articles, except in relation to articles the importing or exporting of which is prohibited by law or controlled by the enactments relating to quarantine.

    (3) Samples and approved equipment carried by members of an inspection team shall be inviolable and exempt from customs duties.

    (4) The privileges and immunities accorded to members of inspection teams and observers by virtue of this section shall be enjoyed by them at any time when they are in the Territory - 

    (5) If - 

then, from the time the notice is so delivered, this section shall not have effect to confer that immunity on the member.

    (6) If in any proceedings any question arises whether a person is or is not entitled to any privilege or immunity by virtue of this section, a certificate issued by or under the authority of the Governor stating any fact relating to that question shall be conclusive evidence of that fact.

    (7) In this section - 

Reimbursement of expenditure
     28. The Governor may reimburse any person in respect of expenditure incurred in connection with a routine inspection, a challenge inspection or an assistance inspection.

Offences: miscellaneous

Power to search and obtain evidence
     29.  - (1) If a justice of the peace is satisfied on information on oath that there is reasonable ground for suspecting that an offence under this Act is being, has been or is about to be committed on any premises or that evidence of the commission of such an offence is to be found there, he may issue a warrant in writing authorising a person acting under the authority of the Governor to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.

    (2) A person who enters the premises under the authority of the warrant may - 

but no woman or girl shall be searched except by a woman.

    (3) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a police officer.

Forfeiture in case of conviction
     30.  - (1) The court by or before which a person is convicted of an offence under this Act may order that anything shown to the court's satisfaction to relate to the offence shall be forfeited, and either destroyed or otherwise dealt with in such manner as the court may order.

    (2) In particular, the court may order the thing to be dealt with as the Governor may see fit; and in such a case the Governor may direct that it be destroyed or otherwise dealt with.

    (3) Where - 

the court must not order it to be forfeited unless he has been given an opportunity to show cause why the order should not be made.

     30A. [omitted]

Offences: other provisions
     31.  - (1) Proceedings for an offence under section 2 or 11 shall not be instituted except by or with the consent of the Attorney General.

    (2) Proceedings for an offence under any provision of this Act other than section 2 or 11 shall not be instituted except by or with the consent of the Governor.

    (3) Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of - 

he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (4) In subsection (3) "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

    (5) [omitted]

Other miscellaneous provisions

Disclosure of information
     32.  - (1) This section applies to information if - 

    (2) So long as the business or activity continues to be carried on the information shall not be disclosed except - 

    (3) [omitted]

    (4) A person who discloses information in contravention of this section is guilty of an offence and liable - 

    (5) Where a person proposes to disclose information to which this section applies in circumstances where the disclosure would by virtue of paragraphs (b) to (h) of subsection (2) not contravene this section, he may disclose the information notwithstanding any obligation not to disclose it that would otherwise apply.

     33. [omitted]

Service of notices
     34. A notice under any provision of this Act, or a copy of a notice under any such provision, may be served on a person - 

     35. [omitted]

     36. [omitted]

The Crown
     37.  - (1) Subject to the following provisions of this section, this Act binds the Crown.

    (2) No contravention by the Crown of a provision made by or under this Act shall make the Crown criminally liable; but the supreme court of the Territory may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

    (3) Notwithstanding subsection (2), the provisions made by or under this Act apply to persons in the public service of the Crown as they apply to other persons.

    (4) Nothing in this section affects Her Majesty in her private capacity; and this subsection shall be construed as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity)[7] were contained in this Act.

     38. [omitted]

Citation
     39.  - (1) [omitted]

    (2) [omitted]

    (3) [omitted]

    (4) This Act shall be cited as the Chemical Weapons Act 1996.



SCHEDULE TO THE ACT
Section 19


SCHEDULED TOXIC CHEMICALS AND PRECURSORS


     (CAS registry number)
A. TOXIC CHEMICALS:
(1) O-Alkyl (less than or equal to C10, incl. cycloalkyl) alkyl     
     (Me, Et, n-Pr or i-Pr)-phosphonofluoridates     
     eg. Sarin: O-Isopropyl methylphosphonofluoridate (107-44-8)
     Soman: O-Pinacolyl methylphosphonofluoridate (96-64-0)
(2) O-Alkyl (less than or equal to C10, incl. cycloalkyl)     
     N,N-dialkyl (Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates     
     eg. Tabun: O-Ethyl N,N-dimethyl phosphoramidocynanidate (77-81-6)
(3) O-Alkyl (H or less than or equal to C10, incl. cycloalkyl)     
     S-2 dailkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me,     
     Et, n-Pr or i-Pr) phosphonothiolates and corresponding alkylated or protonated salts     
     eg. VX: O-Ethyl S-2-diisopropylaminoethyl methyl     
     phosphonothiolate (50782-69-9)
(4) Sulfur mustards:     
     2-Chloroethylchloromethylsulfide (2625-76-5)
     Mustard gas: Bis (2-chloroethyl) sulfide (505-60-2)
     Bis (2-chloroethylthio) methane (63869-13-6)
     Sesquimustard: 1,2-Bis (2-chloroethylthio) ethane (3563-36-8)
     1,3-Bis (2-chloroethylthio)-n-propane (63905-10-2)
     1,4-Bis (2-chloroethylthio)-n-butane (142868-93-7)
     1,5-Bis (2-choloroethylthio)-n-pentane (142868-94-8)
     Bis (2-chloroethylthiomethyl) ether (63918-90-1)
     O-Mustard: Bis (2-chloroethylthioethyl) ether (63918-89-8)
(5) Lewisites:     
     Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3)
     Lewisite 2: Bis (2-chlorovinyl) chloroarsine (40334-69-8)
     Lewisite 3: Tris (2-chlorovinyl) arsine (40334-70-1)
(6) Nitrogen mustards:     
     HN1: Bis (2-chloroethyl) ethylamine (538-07-8)
     HN2: Bis (2-chloroethyl) methylamine (51-75-2)
     HN3: Tris (2-chloroethyl) amine (555-77-1)
(7) Saxitoxin (35523-89-8)
(8) Ricin (9009-86-3)
B. PRECURSORS
(9) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides     
     eg DF: Methylphosphonyldifluoride (676-99-3)
(10) O-Alkyl (H or less than or equal to C10, incl. cycloalkyl)     
     O-2-dialkyl (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl (Me,     
     Et, n-Pr or i-Pr) phosphonites and corresponding alkylated or protonated salts     
     eg QL: O-Ethyl O-2 diisopropylaminoethyl methylphosphonite (57856-11-8)
(11) Chlorosarin: O-Isopropyl methylphosphonochloridate (1445-76-7)
(12) Chlorosoman: O-Pinacolyl methylphosphonochloridate (7040-57-5)

Notes:
     1. This Schedule sets out Schedule 1 to the annex on chemicals to the Convention as corrected.

     2. In this Schedule the reference to the CAS registry is to the chemical abstract service registry.

     3. This Schedule must be read subject to the following proposition, which is based on a note in the Convention: where reference is made to groups of dialkylated chemicals, followed by a list of alkyl groups in parentheses, all chemicals possible by all possible combinations of alkyl groups listed in the parentheses must be taken to be listed in the Schedule.



SCHEDULE 2
Article 3


SECTIONS 50 TO 56 OF THE ANTI-TERRORISM, CRIME AND SECURITY ACT 2001, AS EXCEPTED AND MODIFIED AND EXTENDED TO THE TERRITORIES LISTED IN SCHEDULE 3


Assisting or inducing weapons-related acts overseas

Assisting or inducing certain weapons-related acts overseas
     50.  - (1) A person who aids, abets, counsels or procures, or incites, a person who is not a United Kingdom person to do a relevant act outside the United Kingdom is guilty of an offence.

    (2) For this purpose a relevant act is an act that, if done by a United Kingdom person, would contravene section 2 of the Chemical Weapons Act 1996 (offences relating to chemical weapons).

    (3) [omitted]

    (4) A person accused of an offence under this section in relation to a relevant act which would contravene section 2 of the Chemical Weapons Act 1996 may raise any defence which would be open to a person accused of the corresponding offence ancillary to an offence under that provision.

    (5) A person accused of an offence under this section is liable on conviction on indictment to imprisonment for life.

    (6) This section applies to acts done outside the Territory, but only if they are done by a United Kingdom person.

    (7) Nothing in this section prejudices any criminal liability existing apart from this section.

Supplemental provisions relating to Section 50

Extraterritorial application
     51.  - (1) Proceedings for an offence committed under section 50 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the Territory.

    (2) [omitted]

Powers of entry
     52.  - (1) If a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 50 is to be found on any premises, he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.

    (2) The powers of a person who enters the premises under the authority of the warrant include power - 

    (3) A police officer who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may - 

    (4) No police officer shall search a person of the opposite sex.

    (5) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a police officer.

    (6) A person who - 

is guilty of an offence.

    (7) A person guilty of an offence under subsection (6) is liable - 

    (8) In this section "authorised officer" means an officer acting under the authority of the Governor.

     53. [omitted]

Offences
     54.  - (1) A person who knowingly or recklessly makes a false or misleading statement for the purpose of obtaining (or opposing the variation or withdrawal of) authorisation for the purposes of section 50 is guilty of an offence.

    (2) A person guilty of an offence under subsection (1) is liable - 

    (3) Where an offence under section 50 or subsection (1) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of - 

he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

    (4) In subsection (3) "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Consent to prosecutions
     55. Proceedings for an offence under section 50 shall not be instituted except by or with the consent of the Attorney General.

Interpretation
     56.  - (1) In the foregoing provisions "United Kingdom person" means a United Kingdom national or a body incorporated under the law of the Territory.

    (2) For this purpose a United Kingdom national is an individual who is - 



SCHEDULE 3
Articles 2 and 3


TERRITORIES TO WHICH THIS ORDER EXTENDS


Anguilla

Bermuda

British Antarctic Territory

British Indian Ocean Territory

Cayman Islands

Falkland Islands

Montserrat

Pitcairn, Henderson, Ducie and Oeno Islands

St Helena and Dependencies

South Georgia and the South Sandwich Islands

Turks and Caicos Islands

Virgin Islands

Sovereign Base Areas of Akrotiri and Dhekelia



SCHEDULE 4
Article 2


FURTHER EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE CHEMICAL WEAPONS ACT 1996 IN RESPECT OF THE BRITISH ANTARCTIC TERRITORY AND THE BRITISH INDIAN OCEAN TERRITORY


     1. The following provisions shall not extend to the British Antarctic Territory and the British Indian Ocean Territory:

section 5(6)

section 7(9)

section 9(4)(a)

section 9(5)(a)

section 14(4)

section 15(5)

section 17(4)(a)

section 17(5)(a)

section 19(3)(a)

section 20(5)(a)

section 21(2)(a)

section 21(3)(a)

section 22(3)(a)

section 22(4)(a)

section 23(4)(a)

section 23(5)(a)

section 25(4)(b)

section 25(6)

section 26(3)(a)

section 29(3)

section 32(4)(a)

     2. In the application of sections 2(6)(b) and 26(1)(a) in the British Antarctic Territory and the British Indian Ocean Territory, the references therein to "a police officer" shall be omitted.

     3. In the application of the following provisions in the British Antarctic Territory and the British Indian Ocean territory, the references therein to "conviction on indictment" shall be replaced by references to "conviction by the supreme court of the Territory":

section 2(8)

section 9(4)(b)

section 9(5)(b)

section 11(3)

section 17(4)(b)

section 17(5)(b)

section 19(3)(b)

section 20(6)(b)

section 21(2)(b)

section 21(3)(b)

section 22(3)(b)

section 22(4)(b)

section 23(4)(b)

section 23(5)(b)

section 26(3)(b)

section 32(4)(b)

     4. In the application of section 31(1) in the British Antarctic Territory and the British Indian Ocean Territory, the reference therein to "the Attorney General" shall be replaced by a reference to "the Principal Legal Adviser of the Territory".



SCHEDULE 4A
Article 3


FURTHER MODIFICATION TO THE ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 IN RESPECT OF THE BRITISH ANTARCTIC TERRITORY AND THE BRITISH INDIAN OCEAN TERRITORY


In the application of section 50(5) in the British Antarctic Territory and the British Indian Ocean Territory, the reference therein to "conviction on indictment" shall be replaced by a reference to "conviction by the supreme court of the Territory".



SCHEDULE 5
Article 2


FURTHER ADAPTATIONS AND MODIFICATIONS TO THE CHEMICAL WEAPONS ACT 1996 IN RESPECT OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS


     1. In the application of the following sections in Pitcairn, Henderson, Ducie and Oeno Islands, the references therein to "summary conviction" shall be replaced by references to "conviction by the subordinate court of the Territory", and references to "conviction on indictment" shall be replaced by references to "conviction by the supreme court of the Territory":

section 2(8)

section 9(4)

section 9(5)

section 11(3)

section 17(4)

section 17(5)

section 19(3)

section 20(6)

section 21(2)

section 21(3)

section 22(3)

section 22(4)

section 23(4)

section 23(5)

section 26(3)

section 32(4)

     2. In the application of section 31(1) in Pitcairn, Henderson, Ducie and Oeno Islands, the reference therein to "the Attorney General" shall be replaced by a reference to "the Legal Adviser".

     3. In the application of the following sections in Pitcairn, Henderson, Ducie and Oeno Islands, the references therein to "a fine" shall be replaced by references to "a fine not exceeding £10,000 or its equivalent":

section 9(4)(b)

section 9(5)(b)

section 17(4)(b)

section 17(5)(b)

section 19(3)(b)

section 20(6)(b)

section 21(2)(b)

section 21(3)(b)

section 22(3)(b)

section 22(4)(b)

section 23(4)(b)

section 23(5)(b)

section 26(3)(b)

section 32(4)(b)



SCHEDULE 5A
Article 3


FURTHER MODIFICATION TO THE ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 IN RESPECT OF PITCAIRN, HENDERSON, DUCIE AND OENO ISLANDS


In the application of section 50(5) in Pitcairn, Henderson, Ducie and Oeno Islands, the reference therein to "conviction on indictment" shall be replaced by a reference to "conviction by the supreme court of the Territory".



SCHEDULE 6
Article 2


FURTHER ADAPTATIONS AND MODIFICATIONS TO THE CHEMICAL WEAPONS ACT 1996 IN RESPECT OF BERMUDA


In the application of the following sections in Bermuda, the references therein to "a fine not exceeding £5,000 or its equivalent" shall be replaced by references to "a fine not exceeding $8,500":

section 9(4)(a)

section 9(5)(a)

section 17(4)(a)

section 17(5)(a)

section 19(3)(a)

section 20(6)(a)

section 21(2)(a)

section 21(3)(a)

section 22(3)(a)

section 22(4)(a)

section 23(4)(a)

section 23(5)(a)

section 26(3)(a)

section 32(4)(a)



SCHEDULE 7
Article 2


FURTHER ADAPTATIONS AND MODIFICATIONS TO THE CHEMICAL WEAPONS ACT 1996 IN RESPECT OF THE TURKS AND CAICOS ISLANDS


     1. In the application of the following sections in the Turks and Caicos Islands, the references therein to "a fine not exceeding £5,000 or its equivalent" shall be replaced by references to "a fine not exceeding $8,500":

section 9(4)(a)

section 9(5)(a)

section 17(4)(a)

section 17(5)(a)

section 19(3)(a)

section 20(6)(a)

section 21(2)(a)

section 21(3)(a)

section 22(3)(a)

section 22(4)(a)

section 23(4)(a)

section 23(5)(a)

section 26(3)(a)

section 32(4)(a)

     2. In the application of the following sections in the Turks and Caicos Islands, the references therein to "a fine" shall be replaced by references to "a fine not exceeding $50,000":

section 9(4)(b)

section 9(5)(b)

section 17(4)(b)

section 17(5)(b)

section 19(3)(b)

section 20(6)(b)

section 21(2)(b)

section 21(3)(b)

section 22(3)(b)

section 22(4)(b)

section 23(4)(b)

section 23(5)(b)

section 26(3)(b)

section 32(4)(b)



SCHEDULE 8
Article 2


FURTHER EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE CHEMICAL WEAPONS ACT 1996 IN RESPECT OF THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA


     1. The following sections shall not extend to the Sovereign Base Areas of Akrotiri and Dhekelia:

section 9(4)(a)

section 9(5)(a)

section 17(4)(a)

section 17(5)(a)

section 19(3)(a)

section 20(5)(a)

section 21(2)(a)

section 21(3)(a)

section 22(3)(a)

section 22(4)(a)

section 23(4)(a)

section 23(5)(a)

section 26(3)(a)

section 32(4)(a)

     2. In the application of the following sections in the Sovereign Base Areas of Akrotiri and Dhekelia the references therein to "conviction on indictment" shall be replaced by references to "conviction by the Judge's Court":

section 2(8)

section 9(4)(b)

section 9(5)(b)

section 11(3)

section 17(4)(b)

section 17(5)(b)

section 19(3)(b)

section 20(6)(b)

section 21(2)(b)

section 21(3)(b)

section 22(3)(b)

section 22(4)(b)

section 23(4)(b)

section 23(5)(b)

section 26(3)(b)

section 32(4)(b)

     3. In the applications of sections 5(2), 7(7) and 29(1) in the Sovereign Base Areas of Akrotiri and Dhekelia, the references therein to "a justice of the peace" shall be replaced by references to "a judge".



SCHEDULE 8A
Article 3


FURTHER MODIFICATION TO THE ANTI-TERRORISM, CRIME AND SECURITY ACT 2001 IN RESPECT OF THE SOVEREIGN BASE AREAS OF AKROTIRI AND DHEKELIA


In the application of section 50(5) in the Sovereign Base Areas of Akrotiri and Dhekelia the reference therein to "conviction on indictment" shall be replaced by a reference to "conviction by the Judge's Court".



EXPLANATORY NOTE

(This note is not part of the Order)


This Order, made under the Chemical Weapons Act 1996 and the Anti-terrorism, Crime and Security Act 2001, extends provisions of the two Acts, with exceptions, adaptations and modifications, to the territories listed in Schedule 3.


Notes:

[1] 1996 c.6.back

[2] 2001 c.24.back

[3] Miscellaneous No.21 (1993) Cm. 2331.back

[4] 1981 c.61.back

[5] 1964 c.81.back

[6] 1978 c.30.back

[7] 1947 c.44.back

[8] 1981 c.61.back



ISBN 0 11 072695 2


 © Crown copyright 2005

Prepared 5 April 2005


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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050854.html