Arms Control and Disarmament (Inspections) Act 2003

Prospective

Section 1(1)

SCHEDULE 1 E+W+S+N.I. Further implementation of CFE Treaty

1 The Arms Control and Disarmament (Inspections) Act 1991 (c. 41) has effect subject to the following amendments. E+W+S+N.I.

2 (1) Section 1 (interpretation etc) is amended as follows. E+W+S+N.I.

(2) For subsection (1) (definition of “the Protocol”) substitute—

“(1) In this Act—

“the Treaty” means the Treaty on Conventional Armed Forces in Europe signed in Paris on 19th November 1990 (as amended by the Agreement adapting that Treaty signed in Istanbul on 19th November 1999);

“the Protocol” means the Protocol on Inspection incorporated in the Treaty (as substituted by article 27 of that Agreement).”

(3) In subsection (2) (definitions)—

(a) omit paragraph (a), and

(b) in paragraph (c), for the words from “ “inspection team”” to “challenge inspection” substitute “ and “inspection team” shall be construed, in relation to any inspection ”.

(4) In subsection (3)(b) (definitions), omit “paragraph 1 of”.

(5) Omit subsection (4) (introduction of Schedule).

3 For the cross-heading preceding section 2, substitute “ Inspections ”. E+W+S+N.I.

4 (1) Section 2 (rights of entry etc) is amended as follows. E+W+S+N.I.

(2) In the sidenote, for “challenge inspections under” substitute “ inspections pursuant to Sections VII, VIII and IX of ”.

(3) In subsection (1) (authorisation of challenge inspections), for “a challenge inspection within any specified area” substitute “ an inspection pursuant to Section VIII of the Protocol (challenge inspections within a specified area) ”.

(4) After subsection (1) insert—

“(1A) The Secretary of State may also issue an authorisation under this section in respect of an inspection which it is proposed to conduct pursuant to—

(a) Section VII of the Protocol (declared site inspections), or

(b) Section IX of the Protocol (inspections in a designated area).”

(5) In subsection (2) (authorisation to contain a description of the specified area), for “specified area” substitute “ area to be inspected pursuant to the relevant Section of the Protocol ”.

(6) In subsection (3)(a) (powers of inspection team within the specified area), for “specified area” substitute “ area in respect of which the authorisation is issued ”.

(7) In subsection (5) (division into sub-teams etc), for “paragraph 2” substitute “ paragraph 4 or 5 ”.

(8) In subsection (8) (validity of authorisation for challenge inspection), omit “challenge” in both places.

(9) In subsection (9) (evidence of membership of inspection team etc for challenge inspection), omit “challenge”.

5 In section 3 (offences), in subsection (1) (obstruction etc of challenge inspection), omit “challenge”. E+W+S+N.I.

6 Omit the Schedule (excerpt from Treaty). E+W+S+N.I.