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There are currently no known outstanding effects for the Cluster Munitions (Prohibitions) Act 2010, Section 4.
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(1)Section 2(1) applies to conduct in the United Kingdom or elsewhere.
(2)Section 2(2) applies to assistance, encouragement and inducements in the United Kingdom or elsewhere.
(3)But in their application to conduct, and to assistance, encouragement and inducements, outside the United Kingdom, subsections (1) and (2) of section 2 apply only to—
(a)United Kingdom nationals,
(b)Scottish partnerships, and
(c)bodies incorporated under the law of any part of the United Kingdom.
(4)Section 2(2) applies whether or not the conduct assisted, encouraged or induced takes place, or (if it takes place) will take place, in the United Kingdom or elsewhere.
(5)Her Majesty may by Order in Council provide that this section is to have effect as if the list of persons in subsection (3) included bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any British overseas territory.
(6)For the purposes of this section a United Kingdom national is an individual who is—
(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
(b)a person who under the British Nationality Act 1981 is a British subject, or
(c)a British protected person within the meaning of that Act.
(7)Proceedings for an offence under section 2 committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.
(8)In the application of subsection (7) to Scotland, any such proceedings against a person may be taken—
(a)in any sheriff court district in which the person is apprehended or is in custody, or
(b)in such sheriff court district as the Lord Advocate may determine.
(9)In subsection (8) “sheriff court district” is to be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
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