Part 6

Weapons of Mass Destruction

Nuclear weapons

Use etc. of nuclear weapons
47
1
A person who—
a
knowingly causes a nuclear weapon explosion;
b
develops or produces, or participates in the development or production of, a nuclear weapon;
c
has a nuclear weapon in his possession;
d
participates in the transfer of a nuclear weapon; or
e
engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon,
is guilty of an offence.
2
Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49.
3
For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which—
a
facilitates the development by another of the capability to produce or use a nuclear weapon, or
b
facilitates the making by another of a nuclear weapon,
knowing or having reason to believe that his act has (or will have) that effect.
4
For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if—
a
he buys or otherwise acquires it or agrees with another to do so;
b
he sells or otherwise disposes of it or agrees with another to do so; or
c
he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so.
5
A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.
6
In this section “nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon.
7
This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.
8
Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection.
9
Paragraph (a) of subsection (1) shall cease to have effect on the coming into force of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7).