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A
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Bill
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To
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Make further provision
relating to the Treaty on Conventional Armed Forces
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in Europe signed in Paris on 19th November
1990.
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Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
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consent of the Lords Spiritual and
Temporal, and Commons, in this present
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Parliament assembled, and by the authority
of the same, as follows:—
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1 Further
implementation of CFE Treaty
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(1) Schedule
1 amends
the Arms Control and Disarmament (Inspections) Act 1991
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(c. 41) in pursuance of the Treaty
on Conventional Armed Forces in Europe
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signed in Paris on 19th November 1990,
as amended by the Agreement signed
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in Istanbul on 19th November 1999 on
Adaptation of that Treaty.
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(2) The
repeals set out in Schedule 2
have effect.
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2 Implementation
of future revisions to CFE Treaty
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(1) Her
Majesty may by Order in Council make such provision modifying the
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Arms Control and Disarmament (Inspections)
Act 1991 as appears to Her
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Majesty necessary or expedient for
giving effect to further amendments
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relating to inspections made to the
Treaty on Conventional Armed Forces in
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Europe signed in Paris on 19th November
1990.
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(2) An
Order in Council may not be made under this section unless a draft of
the
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Order has been laid before, and approved
by resolution of, each House of
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Parliament.
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3 Short
title, commencement and extent
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(1) This
Act may be cited as the Arms Control and Disarmament (Inspections) Act
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2003.
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(2) This
Act shall come into force on such day as the Secretary of State may by
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order made by statutory instrument
appoint.
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(3) This
Act extends to Northern Ireland.
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Schedules
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Schedule 1
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Section 1(1)
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Further implementation of CFE Treaty
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1 The
Arms Control and Disarmament (Inspections) Act 1991 (c. 41) has effect
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subject to the following amendments.
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2 (1) Section
1 (interpretation etc) is amended as follows.
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(2) For
subsection (1) (definition of “the Protocol”) substitute—
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“(1) In
this Act—
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“the
Treaty” means the Treaty on Conventional Armed Forces
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in
Europe signed in Paris on 19th November 1990 (as
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amended
by the Agreement adapting that Treaty signed in
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Istanbul
on 19th November 1999);
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“the
Protocol” means the Protocol on Inspection incorporated in
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the
Treaty (as substituted by article 27 of that Agreement).”
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(3) In
subsection (2) (definitions)—
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(a) omit
paragraph (a), and
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(b) in
paragraph (c), for the words from ““inspection team””
to
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“challenge inspection”
substitute “and “inspection team” shall be
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construed, in relation to
any inspection”.
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(4) In
subsection (3)(b) (definitions), omit “paragraph 1 of”.
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(5) Omit
subsection (4) (introduction of Schedule).
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3 For
the cross-heading preceding section 2, substitute “Inspections”.
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4 (1) Section
2 (rights of entry etc) is amended as follows.
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(2) In
the sidenote, for “challenge inspections under” substitute
“inspections
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pursuant to Sections VII,
VIII and IX of”.
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(3) In
subsection (1), (authorisation of challenge inspections), for “a
challenge
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inspection within any specified
area” substitute “an inspection pursuant to
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Section VIII of the Protocol
(challenge inspections within a specified area)”.
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(4) After
subsection (1) insert—
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“(1A) The
Secretary of State may also issue an authorisation under this
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section
in respect of an inspection which it is proposed to conduct
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pursuant
to—
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(a) Section
VII of the Protocol (declared site inspections), or
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(b) Section
IX of the Protocol (inspections in a designated area).”
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(5) In
subsection (2) (authorisation to contain a description of the specified
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area), for “specified
area” substitute “area to be inspected pursuant to the
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relevant Section of the Protocol”.
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(6) In
subsection (3)(a) (powers of inspection team within the specified area),
for
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“specified area”
substitute “area in respect of which the authorisation is
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issued”.
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(7) In
subsection (5) (division into sub-teams etc), for “paragraph 2”
substitute
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“paragraph 4 or 5”.
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(8) In
subsection (8) (validity of authorisation for challenge inspection), omit
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“challenge” in
both places.
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(9) In
subsection (9) (evidence of membership of inspection team etc for
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challenge inspection), omit
“challenge”.
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5 In
section 3 (offences), in subsection (1) (obstruction etc of challenge
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inspection), omit “challenge”.
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6 Omit
the Schedule (excerpt from Treaty).
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Schedule 2
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Section 1(2)
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Repeals
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Enactment
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Extent of repeal
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Arms Control and
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In section 1—
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Disarmament (Inspections)
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subsection
(2)(a);
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Act 1991 (c. 41)
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in
subsection (3)(b), “paragraph 1 of”;
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subsection
(4).
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In section 2—
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in
subsection (8), “challenge”, in both
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places;
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in
subsection (9), “challenge”.
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In section 3(1), “challenge”.
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The Schedule.
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