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Arms Control and Disarmament (Inspections) Act 1991

Status:

This is the original version (as it was originally enacted).

Challenge inspections

2Rights of entry etc. for purposes of challenge inspections under the Protocol

(1)Where a request to conduct a challenge inspection within any specified area in the United Kingdom—

(a)has been made under the Protocol, and

(b)has been granted by Her Majesty’s Government in the United Kingdom,

the Secretary of State may issue an authorisation under this section in respect of that inspection.

(2)An authorisation under this section shall contain a description of the specified area and state the names of the members of the inspection team by whom the inspection is to be carried out.

(3)Such an authorisation shall have the effect of authorising the inspection team—

(a)to exercise within the specified area such rights of access, entry and unobstructed inspection as are conferred on them by Section VI of the Protocol, and

(b)to do such other things within that area in connection with the conduct of the inspection as they are entitled to do by virtue of that Section.

(4)Such an authorisation shall in addition have the effect of—

(a)authorising an escort team to accompany the inspection team at all times, and

(b)authorising any constable to give such assistance as the person in command of the escort team may request for the purpose of facilitating the conduct of the inspection in accordance with Section VI of the Protocol;

and the name of the person in command of the escort team shall be stated in the authorisation.

(5)Where the inspection team is divided into sub-teams in accordance with paragraph 2 of Section VI of the Protocol—

(a)subsection (3) shall apply to each of the sub-teams as it applies to the inspection team as a whole, and

(b)subsection (4)(a) shall be construed as authorising members of the escort team to accompany each of the sub-teams.

(6)Any constable giving assistance in accordance with subsection (4)(b) may use such reasonable force as he considers necessary for the purpose mentioned in that provision.

(7)The occupier of any premises—

(a)in relation to which it is proposed to exercise a right of entry in reliance on an authorisation under this section, or

(b)on which an inspection is being carried out in reliance on such an authorisation,

or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorisation to be shown to him by a member of the escort team.

(8)The validity of any authorisation purporting to be issued under this section in respect of any challenge inspection shall not be called in question in any court of law at any time before the conclusion of that inspection; and accordingly no proceedings (of whatever nature) shall be brought at any time before the conclusion of any challenge inspection if they would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of any such inspection.

(9)If in any proceedings any question arises whether a person at any time was or was not, in relation to any challenge inspection, a member of the inspection team or (as the case may be) a member of the escort team, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.

3Offences

(1)Where an authorisation has been issued under section 2 in respect of any challenge inspection, any person who—

(a)refuses to comply with any request made by any constable for the purpose of facilitating the conduct of that inspection in accordance with Section VI of the Protocol, or

(b)wilfully obstructs any member of the inspection team or of the escort team in the conduct of that inspection in accordance with that Section,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

(2)Where an offence under this section is committed by a body corporate and is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In relation to a body corporate whose affairs are managed by its members, “director” means a member of the body corporate.

(3)Where an offence under this section is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

4Exercise of powers in relation to Crown land in private occupation

(1)The powers exercisable in the case of any authorisation by virtue of section 2 shall be exercisable in relation to any Crown land only to the extent that it is land which any person is entitled to occupy by virtue of a private interest (whether it is an interest in land or arises under a licence).

(2)In subsection (1)—

  • “Crown land” means land in which there is a Crown interest or a Duchy interest; and

  • “private interest” means an interest which is neither a Crown interest nor a Duchy interest;

and for this purpose—

  • “Crown interest” means an interest—

    (a)

    belonging to Her Majesty in right of the Crown (including the Crown in right of Her Majesty’s Government in Northern Ireland), or

    (b)

    belonging to a government department or Northern Ireland department,

    or an interest held in trust for Her Majesty for the purposes of any such department; and

  • “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

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