Part 6 U.K.Weapons of Mass Destruction

Nuclear weaponsU.K.

47 Use etc. of nuclear weaponsU.K.

(1)A person who—

(a)knowingly causes a nuclear weapon explosion;

(b)develops or produces, or participates in the development or production of, a nuclear weapon;

(c)has a nuclear weapon in his possession;

(d)participates in the transfer of a nuclear weapon; or

(e)engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon,

is guilty of an offence.

(2)Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49.

(3)For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which—

(a)facilitates the development by another of the capability to produce or use a nuclear weapon, or

(b)facilitates the making by another of a nuclear weapon,

knowing or having reason to believe that his act has (or will have) that effect.

(4)For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if—

(a)he buys or otherwise acquires it or agrees with another to do so;

(b)he sells or otherwise disposes of it or agrees with another to do so; or

(c)he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so.

(5)A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6)In this section “nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon.

(7)This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(8)Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection.

(9)Paragraph (a) of subsection (1) shall cease to have effect on the coming into force of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7).