Jump to content

Page:Chemical Weapons Act 1996.pdf/10

From Wikisource
This page has been proofread, but needs to be validated.
8c. 6
Chemical Weapons Act 1996
(c) destroying an object under an authorisation given under section 6(2) or 7(6) or (7), or
(d) attempting to do anything mentioned in paragraphs (a) to (c), the person so obstructing is guilty of an offence.

(3) If—

(a) a warning is affixed under section 5(4),
(b) a person interferes with the warning, or moves or interferes with the object before the date specified in the warning, and
(c) he has no reasonable excuse for doing so, he is guilty of an offence.

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

(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to a fine.

(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—

(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

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—

(a) to the extent that an object consists of a toxic chemical or precursor, it is destroyed if it is permanently prevented from being used other than for permitted purposes;
(b) to the extent that an object consists of a munition or other device designed to cause death or harm through toxic chemicals released by it, it is destroyed if it is permanently prevented from doing so;
(c) to the extent that an object consists of equipment designed for use in connection with a munition or other device, it is destroyed if it is permanently prevented from being so used.

(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).