Part 6Weapons of Mass Destruction

Amendment of the Biological Weapons Act 1974 and the Chemical Weapons Act 1996

44Extraterritorial application of biological weapons offences

After section 1 of the Biological Weapons Act 1974 insert—

1AExtraterritorial application of section 1

1

Section 1 applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

2

Proceedings for an offence committed under section 1 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.

3

Her Majesty may by Order in Council extend the application of section 1, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

4

In this section “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom.

5

For this purpose a United Kingdom national is an individual who is—

a

a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

b

a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

c

a British protected person within the meaning of that Act.

6

Nothing in this section affects any criminal liability arising otherwise than under this section.