(5) A toxic chemical is a chemical which through its chemical action on life processes can cause death, permanent harm or temporary incapacity to humans or animals; and the origin, method of production and place of production are immaterial.
(6) A precursor is a chemical reactant which takes part at any stage in the production (by whatever method) of a toxic chemical.
(7) References to an object include references to a substance.
(8) The Convention is the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, signed at Paris on 13 January 1993.
(9) This section applies for the purposes of this Act.
Chemical weapons
Use etc. of chemical weapons. 2.—(1) No person shall—
- (a) use a chemical weapon;
- (b) develop or produce a chemical weapon;
- (c) have a chemical weapon in his possession;
- (d) participate in the transfer of a chemical weapon;
- (e) engage in military preparations, or in preparations of a military nature, intending to use a chemical weapon.
(2) For the purposes of subsection (1)(a) an object is not a chemical weapon if the person uses the object only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.
(3) For the purposes of subsection (1)(b), (c), (d) or (e) an object is not a chemical weapon if the person does the act there mentioned with the intention that the object will be used only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.
(4) For the purposes of subsection (1)(d) a person participates in the transfer of an object if—
- (a) he acquires or disposes of the object or enters into a contract to acquire or dispose of it, or
- (b) he makes arrangements under which another person acquires or disposes of the object or another person enters into a contract to acquire or dispose of it.
(5) For the purposes of subsection (4)—
- (a) to acquire an object is to buy it, hire it, borrow it or accept it as a gift;
- (b) to dispose of an object is to sell it, let it on hire, lend it or give it.
(6) In proceedings for an offence under subsection (1)(a), (c) or (d) relating to an object it is a defence for the accused to prove—
- (a) that he neither knew nor suspected nor had reason to suspect that the object was a chemical weapon, or
