SCHEDULES

SCHEDULE 17Offences relating to nuclear material and nuclear facilities

Part 1Amendments of Nuclear Material (Offences) Act 1983

5

After section 3 (supplemental) insert—

3AApplication 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.