Version Superseded: 27/03/2014
Point in time view as at 01/10/2008. This version of this provision has been superseded.
There are currently no known outstanding effects for the Biological Weapons Act 1974, Section 1B.
(1)Proceedings for a biological weapons offence may be instituted [F3by the Director of Revenue and Customs Prosecutions or by order of the Commissioners for Her Majesty’s Revenue and Customs] [F4if it appears to the Director or to the Commissioners] that the offence has involved—
(a)the development or production outside the United Kingdom of any thing mentioned in section 1(1)(a) or (b) above;
(b)the movement of any such thing into or out of any country or territory;
(c)any proposal or attempt to do anything falling within paragraph (a) or (b) above.
( 2 ) In this section “ biological weapons offence ” means an offence under section 1 of this Act or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).
(3)Any proceedings for an offence which are instituted [F5by order of the Commissioners] under subsection (1) above shall be commenced in the name of an officer [F6of Revenue and Customs], but may be continued by another officer.
(4)Where [F7the Commissioners] investigate, or propose to investigate, any matter with a view to determining—
(a)whether there are grounds for believing that a biological weapons offence has been committed, or
(b)whether a person should be prosecuted for such an offence,
that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.
(5)Nothing in this section affects any power of any person (including any officer) apart from this section.
F8( 6 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)This section does not apply to the institution of proceedings in Scotland.]
Textual Amendments
F1S. 1B inserted (14.12.2001) by 2001 c. 24, s. 45
F2S. 1B heading substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(e); S.I. 2005/1126, art. 2(2)(h)
F3Words in s. 1B(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(a)(i); S.I. 2005/1126, art. 2(2)(h)
F4Words in s. 1B(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(a)(ii); S.I. 2005/1126, art. 2(2)(h)
F5Words in s. 1B(3) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(b)(i); S.I. 2005/1126, art. 2(2)(h)
F6Words in s. 1B(3) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(b)(ii); S.I. 2005/1126, art. 2(2)(h)
F7Words in s. 1B(4) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(c); S.I. 2005/1126, art. 2(2)(h)
F8S. 1B(6) repealed (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 53(1), Sch. 4 para. 17(d), 5; S.I. 2005/1126, art. 2(2)(h)(i)
Modifications etc. (not altering text)
C1S. 1B(2) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 2 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
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