Criminal Justice and Immigration Act 2008 (c. 4)

SCHEDULES

SCHEDULE 17 E+W Offences relating to nuclear material and nuclear facilities

Part 1 E+W Amendments of Nuclear Material (Offences) Act 1983

5 E+W After section 3 (supplemental) insert—

“3A Application to activities of armed forces

(1) Nothing in this Act applies in relation to acts done by the armed forces of a country or territory—

(a) in the course of an armed conflict, or

(b) in the discharge of their functions.

(2) If in any proceedings a question arises whether an act done by the armed forces of a country or territory was an act falling within subsection (1), a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, such an act shall be conclusive of that question.

(3) In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) shall be taken to be such a certificate unless the contrary is proved.”

Commencement Information

I1 Sch. 17 para. 5 in force at 30.11.2009 by S.I. 2009/3074, art. 2(q)