|
|
|
| |
|
|
|
|
|
|
|
|
Make
provision for the control of cluster munitions; for the destruction
of such |
|
|
munitions; 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:— |
|
|
1 |
Offences
relating to cluster munitions |
|
|
|
|
(a) |
use a cluster munition, |
|
|
(b) |
develop or produce a cluster
munition, |
|
|
(c) |
participate in the acquisition
or disposal of a prohibited object, |
|
5 |
(d) |
have a prohibited object
in his possession, or |
|
|
(e) |
participate in the transfer
of a prohibited object, |
|
|
|
in
the United Kingdom or elsewhere. |
|
|
(2) |
Under subsection (1)(c)
a person shall be deemed to have participated in the |
|
|
acquisition of a prohibited
object by— |
|
10 |
(a) |
acquiring or entering into
a contract to acquire it, or |
|
|
(b) |
making arrangements under
which another person either acquires or |
|
|
enters into a contract to
acquire it. |
|
|
(3) |
Under subsection (1)(e)
a person shall be deemed to have participated in the |
|
|
transfer of a prohibited
object by— |
|
15 |
(a) |
transferring or entering
into a contract to transfer it, or |
|
|
(b) |
making arrangements under
which another person either acquires or |
|
|
enters into a contract to
acquire it. |
|
|
(4) |
For the purposes of this
Act— |
|
|
(a) |
to acquire a prohibited
object is to buy, hire, borrow or accept it as a gift, |
|
20 |
|
|
(b) |
to dispose of a prohibited
object is to sell, let on hire, lend or give it as |
|
|
|
|
| |
|
|
|
|
|
|
|
| |
(5) |
It
is not an offence under subsection (1)(c), (d) and (e) for a
person to acquire, |
|
|
dispose of, possess or
transfer a prohibited object if this is done— |
|
|
(a) |
to secure its safe destruction, |
|
|
(b) |
to aid development of techniques
of explosive ordinance disposal, or |
|
|
(c) |
for the purposes of explosive
ordinance disposal training. |
|
5 |
2 |
Securing
the safe destruction of prohibited objects |
|
|
The Secretary of State
may serve a notice requiring the safe destruction of a |
|
|
|
|
|
|
(1) |
The Secretary of State
may by order make such additions to, omissions from or |
|
10 |
other modifications to
this Act as he considers necessary to give effect to any |
|
|
amendment of relevant international
humanitarian law. |
|
|
(2) |
The power to make an order
under subsection (1) shall be exercisable by |
|
|
statutory instrument; and
no such order shall be made unless a draft of it has |
|
|
been laid before and approved
by resolution of each House of Parliament. |
|
15 |
|
|
(1) |
A cluster munition is
a container which disperses multiple explosive |
|
|
|
|
(2) |
A component of a cluster
munition is anything designed or adapted to form |
|
|
part of a cluster munition. |
|
20 |
(3) |
A prohibited object is
a cluster munition or any component of a cluster |
|
|
|
|
(4) |
A cluster munition is not
to be taken as— |
|
|
(a) |
a container which disperses
nuclear, biological, chemical, electronic, |
|
|
landmine, propaganda or
pyrotechnic submunitions, or |
|
25 |
(b) |
a container which disperses
sensor-fused submunitions which |
|
|
autonomously detect and
engage military targets and which self- |
|
|
destruct, self-deactivate
or self-neutralise. |
|
|
|
|
(1) |
This Act may be cited as
the Cluster Munitions (Prohibition) Act 2007. |
|
30 |
(2) |
This Act extends to Northern
Ireland. |
|
|
| |
|
|
