Cluster Munitions (Prohibitions) Act 2010
2010 CHAPTER 11
Commentary on Sections
Section 3: Meaning of acquisition and transfer
17.This section specifies the meaning to be given to “acquire” or “transfer” a prohibited munition.
18.Subsection (2) provides that a person acquires a prohibited munition if the person acquires it or enters into a contract to acquire it.
19.Subsection (3) defines what “transfer” of a prohibited munition means. Transferring means:
disposing of it
moving it into or out of the United Kingdom (UK)
entering into a contract to dispose of it, or to move it into or out of the UK.
20.Subsection (4) defines the meaning of “acquire” as “buy, hire, borrow or accept as a gift”, and defines “dispose” as “sell, let on hire, lend or give”.
21.Under subsection (5) a person who acquires or disposes of an interest in, or right over, land which contains cluster munition remnants is not taken to acquire or dispose of a prohibited munition.
22.Subsection (6) defines “cluster munition remnants” with reference to Schedule 1 and Article 2 of the Convention, as failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets.
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