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Cluster Munitions (Prohibitions) Act 2010 (c. 11)

Cluster Munitions (Prohibitions) Act 2010 2010 CHAPTER 11 An Act to make provision for giving effect to the Convention on Cluster Munitions. [25th March 2010] B e 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:—

Legislation

Table of Content

1. Offences U.K.

2. Offences U.K.

3. Meaning of acquisition and transfer U.K.

4. Defences U.K.

5. Enabling destruction U.K.

6. Other purposes permitted by Convention U.K.

7. Defences relating to state of mind of defendant etc. U.K.

8. Visiting forces U.K.

9. International military operations and activities U.K.

10. Securing destruction of prohibited munitions U.K.

11. Suspicious objects U.K.

12. Power to enter premises and search for prohibited munitions U.K.

13. Removal or immobilisation of prohibited munitions U.K.

14. Power to destroy removed prohibited munitions U.K.

15. Destruction of immobilised prohibited munitions U.K.

16. Power to enter premises and destroy immobilised prohibited munitions U.K.

17. Compensation for destruction U.K.

18. Offences relating to destruction etc. U.K.

19. Information and records U.K.

20. Information and records for Convention purposes U.K.

21. Power to search and obtain evidence: issue of warrant U.K.

22. Power to search and obtain evidence: supplementary U.K.

23. Criminal proceedings U.K.

24. Consent to prosecution U.K.

25. Forfeiture in case of conviction U.K.

26. General U.K.

27. Safeguards etc. in connection with exercise of powers of entry U.K.

28. Service of notices U.K.

29. Power to modify Act U.K.

30. Interpretation U.K.

31. Amendments of other Acts U.K.

32. Crown application U.K.

33. Extent U.K.

34. “ Cluster Munitions (Prohibitions) Act 2010 (c. 11) U.K.

1. Offences U.K.

2. Offences U.K.

3. Meaning of acquisition and transfer U.K.

4. Defences U.K.

5. Enabling destruction U.K.

6. Other purposes permitted by Convention U.K.

7. Defences relating to state of mind of defendant etc. U.K.

8. Visiting forces U.K.

9. International military operations and activities U.K.

10. Securing destruction of prohibited munitions U.K.

11. Suspicious objects U.K.

12. Power to enter premises and search for prohibited munitions U.K.

13. Removal or immobilisation of prohibited munitions U.K.

14. Power to destroy removed prohibited munitions U.K.

15. Destruction of immobilised prohibited munitions U.K.

16. Power to enter premises and destroy immobilised prohibited munitions U.K.

17. Compensation for destruction U.K.

18. Offences relating to destruction etc. U.K.

19. Information and records U.K.

20. Information and records for Convention purposes U.K.

21. Power to search and obtain evidence: issue of warrant U.K.

22. Power to search and obtain evidence: supplementary U.K.

23. Criminal proceedings U.K.

24. Consent to prosecution U.K.

25. Forfeiture in case of conviction U.K.

26. General U.K.

27. Safeguards etc. in connection with exercise of powers of entry U.K.

28. Service of notices U.K.

29. Power to modify Act U.K.

30. Interpretation U.K.

31. Amendments of other Acts U.K.

32. Crown application U.K.

33. Extent U.K.

34. “ Cluster Munitions (Prohibitions) Act 2010 (c. 11) U.K.

Section 1

1. Offences U.K.

(1) This section applies for the purposes of this Act. (2) “ The Convention ” means the Convention on Cluster Munitions, signed by the United Kingdom at Oslo on 3 December 2008. (3) “ Prohibited munition ” means— (a) a cluster munition, or (b) an explosive bomblet that is specifically designed to be dispersed or released from dispensers affixed to aircraft (“a relevant explosive bomblet”). (4) “ Prohibited munition ” does not include a mine. (5) “ Cluster munition ”, “ explosive bomblet ”, “ dispenser ” and “ mine ” have the same meaning as in the Convention. (6) Schedule 1 sets out the definitions of “cluster munition”, “explosive bomblet”, “dispenser” and “mine” given by Article 2 of the Convention (together with definitions of related terms).

Section 2

2. Offences U.K.

(1) It is an offence for a person to— (a) use a prohibited munition, (b) develop or produce a prohibited munition, (c) acquire a prohibited munition, (d) make arrangements under which another person acquires a prohibited munition, (e) have a prohibited munition in the person's possession, (f) transfer a prohibited munition, or (g) make arrangements under which another person transfers a prohibited munition. (2) It is an offence for a person to assist, encourage or induce any other person to engage in any conduct mentioned in paragraphs (a) to (g) of subsection (1). (3) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or to a fine, or to both.