Landmines Bill

House of Commons

Session 1997-98
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Landmines Bill

A
B I L L

TO
Promote the control of anti-personnel landmines; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

Introduction

Mines and components to which Act applies.     1. - (1) This section has effect for the purpose of construing this Act.

    (2) An anti-personnel mine is a landmine which-

(a) is designed to be detonated by the presence, proximity or contact of an individual; and

(b) is capable of incapacitating, injuring or killing an individual.

    (3) A component of an anti-personnel mine is anything designed or adapted to form part of an anti-personnel mine.

    (4) A prohibited object is an anti-personnel mine or any component of an anti-personnel mine.

    (5) A landmine is a munition designed to be placed under, on or near the ground, or some other surface, and to be detonated by the presence, proximity or contact of an individual or vehicle.

    (6) A landmine is not to be taken as designed to be detonated by the presence, proximity or contact of an individual by reason only of being designed to be detonated by the presence, proximity or contact of a vehicle in or on which there would be, or might be, an individual.

    (7) A landmine which-

(a) is designed to be detonated by the presence, proximity or contact of a vehicle, but

(b) is equipped with an anti-handling device,

is not to be taken, by reason only of being so equipped, as designed to be detonated by the presence, proximity or contact of an individual.

    (8) An anti-handling device is a device which-

(a) is part of, linked to, attached to or placed under a landmine;

(b) is intended to protect the landmine from being neutralised or made less effective or from being moved; and

(c) is activated when an attempt is made to tamper with the landmine or otherwise intentionally to disturb it.

Offences relating to anti-personnel mines

Prohibited conduct.     2. - (1) Subject to sections 3 to 6, no person shall-

(a) use an anti-personnel mine;

(b) develop or produce an anti-personnel mine;

(c) participate in the acquisition of a prohibited object;

(d) have a prohibited object in his possession; or

(e) participate in the transfer of a prohibited object.

    (2) Subject to those sections, no person shall assist, encourage or induce any other person to engage in any conduct mentioned in subsection (1).

    (3) For the purposes of this Act a person participates in the acquisition of an object if-

(a) he acquires the object or enters into a contract to acquire it; or

(b) he makes arrangements under which another person either acquires the object or enters into a contract to acquire it.

    (4) For the purposes of this Act a person participates in the transfer of an object if-

(a) he transfers the object or enters into a contract to transfer it; or

(b) he makes arrangements under which another person either transfers the object or enters into a contract to transfer it.

    (5) References in this Act to transferring an object include references to disposing of the object and to delivering it to another person.

    (6) For the purposes of this Act-

(a) to acquire an object is to buy it, hire it, borrow it or accept it as a gift; and

(b) to dispose of an object is to sell it, let it on hire, lend it or give it.

    (7) For the purposes of this Act a person shall not be taken to acquire or dispose of a prohibited object by reason only of his acquisition or disposal of an interest in or right over land containing one or more emplaced anti-personnel mines.

    (8) A person contravening this section is guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.

Application of prohibitions to places outside the UK.     3. - (1) Section 2(1) applies to conduct in the United Kingdom or elsewhere.

    (2) Section 2(2) applies to assistance, encouragement and inducements in the United Kingdom or elsewhere, and it so applies irrespective of whether the conduct assisted, encouraged or induced takes place, or (if it takes place) will take place, in the United Kingdom or elsewhere.

    (3) Subsections (1) and (2) of section 2, so far as they apply respectively to-

(a) conduct outside the United Kingdom, and

(b) assistance, encouragement and inducements outside the United Kingdom,

impose prohibitions only on United Kingdom nationals, Scottish partnerships and bodies incorporated under the law of a part of the United Kingdom.

    (4) Her Majesty may by Order in Council extend the application of subsections (1) and (2) of section 2, so far as they apply as mentioned in subsection (3), to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

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

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 is a British subject; or

(c) a British protected person within the meaning of that Act.

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

Conduct that is permitted.     4. - (1) In proceedings for an offence under section 2 it is a defence for the accused to prove that his conduct was prevented from being a contravention of that section by the provisions of this section.

    (2) It is not a contravention of section 2 for a person to participate in the transfer of a prohibited object if-

(a) he does so with the intention that it will be used only for purposes permitted by subsection (7); and

(b) the transfer in question is authorised by the Secretary of State for the purposes of this subsection.

    (3) It is not a contravention of section 2 for a person-

(a) to participate in the transfer of a prohibited object for the purpose only of enabling it to be destroyed; or

(b) to have such an object in his possession for the purpose only (with or without such a transfer) of securing its destruction.

    (4) It is not a contravention of section 2 for a person to have a prohibited object in his possession if-

(a) he has it in his possession with the intention that it will be used only for purposes permitted by subsection (7); and

(b) it is an object which the Secretary of State has authorised him for the purposes of this subsection to have in his possession.

    (5) It is not a contravention of section 2 for a person to participate in the acquisition of a prohibited object if-

(a) the acquisition that has been made, agreed or arranged is an acquisition by means of a transfer which is permitted by virtue of subsection (2) or (3); and

(b) he participates in that acquisition-

(i) with the intention that the object will be used only for purposes permitted by subsection (7); or

(ii) for the purpose (with or without a further transfer) of enabling the object to be destroyed.

    (6) It is not a contravention of section 2 for a person at any time to assist, encourage or induce any conduct if, at that time, he has reasonable cause to believe-

(a) that the conduct in question is conduct which is or will be prevented by the provisions of this section from being a contravention of section 2, or

(b) that it would be so prevented if it were not otherwise prevented from being such a contravention.

    (7) The purposes permitted by this subsection are-

(a) the development of techniques of mine detection, mine clearance or mine destruction;

(b) training in techniques of mine detection, mine clearance or mine destruction; and

(c) the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the object in question is or may be evidence.

    (8) No person shall be authorised by the Secretary of State for the purposes of subsection (2) or (4) to transfer, or to have in his possession, any prohibited objects of any description in numbers in excess of what is necessary for the purposes permitted by subsection (7).

© Parliamentary copyright 1998
Prepared 3 July 1998

Landmines Bill

	A B I L L TO Promote the control of anti-personnel landmines; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	Introduction
Mines and components to which Act applies.	1. - (1) This section has effect for the purpose of construing this Act.
	(2) An anti-personnel mine is a landmine which-
	(a) is designed to be detonated by the presence, proximity or contact of an individual; and
	(b) is capable of incapacitating, injuring or killing an individual.
	(3) A component of an anti-personnel mine is anything designed or adapted to form part of an anti-personnel mine.
	(4) A prohibited object is an anti-personnel mine or any component of an anti-personnel mine.
	(5) A landmine is a munition designed to be placed under, on or near the ground, or some other surface, and to be detonated by the presence, proximity or contact of an individual or vehicle.
	(6) A landmine is not to be taken as designed to be detonated by the presence, proximity or contact of an individual by reason only of being designed to be detonated by the presence, proximity or contact of a vehicle in or on which there would be, or might be, an individual.
	(7) A landmine which-
	(a) is designed to be detonated by the presence, proximity or contact of a vehicle, but
	(b) is equipped with an anti-handling device,
	is not to be taken, by reason only of being so equipped, as designed to be detonated by the presence, proximity or contact of an individual.
	(8) An anti-handling device is a device which-
	(a) is part of, linked to, attached to or placed under a landmine;
	(b) is intended to protect the landmine from being neutralised or made less effective or from being moved; and
	(c) is activated when an attempt is made to tamper with the landmine or otherwise intentionally to disturb it.
	Offences relating to anti-personnel mines
Prohibited conduct.	2. - (1) Subject to sections 3 to 6, no person shall-
	(a) use an anti-personnel mine;
	(b) develop or produce an anti-personnel mine;
	(c) participate in the acquisition of a prohibited object;
	(d) have a prohibited object in his possession; or
	(e) participate in the transfer of a prohibited object.
	(2) Subject to those sections, no person shall assist, encourage or induce any other person to engage in any conduct mentioned in subsection (1).
	(3) For the purposes of this Act a person participates in the acquisition of an object if-
	(a) he acquires the object or enters into a contract to acquire it; or
	(b) he makes arrangements under which another person either acquires the object or enters into a contract to acquire it.
	(4) For the purposes of this Act a person participates in the transfer of an object if-
	(a) he transfers the object or enters into a contract to transfer it; or
	(b) he makes arrangements under which another person either transfers the object or enters into a contract to transfer it.
	(5) References in this Act to transferring an object include references to disposing of the object and to delivering it to another person.
	(6) For the purposes of this Act-
	(a) to acquire an object is to buy it, hire it, borrow it or accept it as a gift; and
	(b) to dispose of an object is to sell it, let it on hire, lend it or give it.
	(7) For the purposes of this Act a person shall not be taken to acquire or dispose of a prohibited object by reason only of his acquisition or disposal of an interest in or right over land containing one or more emplaced anti-personnel mines.
	(8) A person contravening this section is guilty of an offence and liable, on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.
Application of prohibitions to places outside the UK.	3. - (1) Section 2(1) applies to conduct in the United Kingdom or elsewhere.
	(2) Section 2(2) applies to assistance, encouragement and inducements in the United Kingdom or elsewhere, and it so applies irrespective of whether the conduct assisted, encouraged or induced takes place, or (if it takes place) will take place, in the United Kingdom or elsewhere.
	(3) Subsections (1) and (2) of section 2, so far as they apply respectively to-
	(a) conduct outside the United Kingdom, and
	(b) assistance, encouragement and inducements outside the United Kingdom,
	impose prohibitions only on United Kingdom nationals, Scottish partnerships and bodies incorporated under the law of a part of the United Kingdom.
	(4) Her Majesty may by Order in Council extend the application of subsections (1) and (2) of section 2, so far as they apply as mentioned in subsection (3), to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.
	(5) For the purposes of this section a United Kingdom national is an individual who is-
	(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;
	(b) a person who under the British Nationality Act 1981 is a British subject; or
	(c) a British protected person within the meaning of that Act.
	(6) Proceedings for an offence under section 2 committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.
Conduct that is permitted.	4. - (1) In proceedings for an offence under section 2 it is a defence for the accused to prove that his conduct was prevented from being a contravention of that section by the provisions of this section.
	(2) It is not a contravention of section 2 for a person to participate in the transfer of a prohibited object if-
	(a) he does so with the intention that it will be used only for purposes permitted by subsection (7); and
	(b) the transfer in question is authorised by the Secretary of State for the purposes of this subsection.
	(3) It is not a contravention of section 2 for a person-
	(a) to participate in the transfer of a prohibited object for the purpose only of enabling it to be destroyed; or
	(b) to have such an object in his possession for the purpose only (with or without such a transfer) of securing its destruction.
	(4) It is not a contravention of section 2 for a person to have a prohibited object in his possession if-
	(a) he has it in his possession with the intention that it will be used only for purposes permitted by subsection (7); and
	(b) it is an object which the Secretary of State has authorised him for the purposes of this subsection to have in his possession.
	(5) It is not a contravention of section 2 for a person to participate in the acquisition of a prohibited object if-
	(a) the acquisition that has been made, agreed or arranged is an acquisition by means of a transfer which is permitted by virtue of subsection (2) or (3); and
	(b) he participates in that acquisition-
	(i) with the intention that the object will be used only for purposes permitted by subsection (7); or
	(ii) for the purpose (with or without a further transfer) of enabling the object to be destroyed.
	(6) It is not a contravention of section 2 for a person at any time to assist, encourage or induce any conduct if, at that time, he has reasonable cause to believe-
	(a) that the conduct in question is conduct which is or will be prevented by the provisions of this section from being a contravention of section 2, or
	(b) that it would be so prevented if it were not otherwise prevented from being such a contravention.
	(7) The purposes permitted by this subsection are-
	(a) the development of techniques of mine detection, mine clearance or mine destruction;
	(b) training in techniques of mine detection, mine clearance or mine destruction; and
	(c) the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the object in question is or may be evidence.
	(8) No person shall be authorised by the Secretary of State for the purposes of subsection (2) or (4) to transfer, or to have in his possession, any prohibited objects of any description in numbers in excess of what is necessary for the purposes permitted by subsection (7).