Nuclear Explosions (Prohibition and Inspections) Act 1998
Encyclopedia
The Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7) was an Act
of the Parliament of the United Kingdom
to pass legislation relating to enforcing the Comprehensive Test Ban Treaty
of 1996. It is not yet in force.
The Act explicitly declared that to knowingly cause the detonation of a nuclear weapon
, for a test or any other reason, was an offence
, and punishable by life imprisonment
and confiscation of anything relating to the offence. The only exception was where the explosion was deemed to have been carried out in the course of an armed conflict - if a question arises over this the Secretary of State for Defence
decides and issues a certificate of their determination. The Act applied both to any weapon used within the United Kingdom, or used elsewhere by British nationals or corporations.
It also allowed for on-site inspection parties as mandated by the treaty, and criminalised any attempts to wilfully obstruct such inspections.
The Act also grants powers to enter and search premises if a justice of the peace
is satisfied that there is reasonable ground for suspecting that an offence is being, has been or is about to be committed.
The final section of the Act states that the Act does not come into effect until a minister signs an order declaring the date on which it is to become effective. However the Anti-Terrorism, Crime and Security Act 2001
,http://www.opsi.gov.uk/acts/acts2001/20010024.htm which is in force, includes offences relating to nuclear weapons.http://www.opsi.gov.uk/acts/acts2001/10024--g.htm#47
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
to pass legislation relating to enforcing the Comprehensive Test Ban Treaty
Comprehensive Test Ban Treaty
The Comprehensive Nuclear-Test-Ban Treaty bans all nuclear explosions in all environments, for military or civilian purposes. It was adopted by the United Nations General Assembly on 10 September 1996 but it has not entered into force.-Status:...
of 1996. It is not yet in force.
The Act explicitly declared that to knowingly cause the detonation of a nuclear weapon
Nuclear weapon
A nuclear weapon is an explosive device that derives its destructive force from nuclear reactions, either fission or a combination of fission and fusion. Both reactions release vast quantities of energy from relatively small amounts of matter. The first fission bomb test released the same amount...
, for a test or any other reason, was an offence
Offense (law)
In law, an offence is a violation of the criminal law .In England and Wales, as well as in Hong Kong the term "offence" means the same thing as, and is interchangeable with, the term "crime"....
, and punishable by life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
and confiscation of anything relating to the offence. The only exception was where the explosion was deemed to have been carried out in the course of an armed conflict - if a question arises over this the Secretary of State for Defence
Secretary of State for Defence
The Secretary of State for Defence, popularly known as the Defence Secretary, is the senior Government of the United Kingdom minister in charge of the Ministry of Defence, chairing the Defence Council. It is a Cabinet position...
decides and issues a certificate of their determination. The Act applied both to any weapon used within the United Kingdom, or used elsewhere by British nationals or corporations.
It also allowed for on-site inspection parties as mandated by the treaty, and criminalised any attempts to wilfully obstruct such inspections.
The Act also grants powers to enter and search premises if a justice of the peace
Justice of the Peace
A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions...
is satisfied that there is reasonable ground for suspecting that an offence is being, has been or is about to be committed.
The final section of the Act states that the Act does not come into effect until a minister signs an order declaring the date on which it is to become effective. However the Anti-Terrorism, Crime and Security Act 2001
Anti-terrorism, Crime and Security Act 2001
The Anti-Terrorism, Crime and Security Act 2001 was formally introduced into the Parliament of the United Kingdom on 19 November 2001, two months after the terrorist attacks on New York on 11 September. It received royal assent and came into force on 14 December 2001...
,http://www.opsi.gov.uk/acts/acts2001/20010024.htm which is in force, includes offences relating to nuclear weapons.http://www.opsi.gov.uk/acts/acts2001/10024--g.htm#47