Section 10 Destruction etc: supplementary.C1

(1)

If an object is in the possession of a person who intends that it will be used only for permitted purposes, it is not a chemical weapon for the purposes of sections 4(1) and (3) and 5(1) and (2); and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.

(2)

For the purposes of sections 4 to 9—

(a)

to the extent that an object consists of a toxic chemical or precursor, it is destroyed if it is permanently prevented from being used other than for permitted purposes;

(b)

to the extent that an object consists of a munition or other device designed to cause death or harm through toxic chemicals released by it, it is destroyed if it is permanently prevented from doing so;

(c)

to the extent that an object consists of equipment designed for use in connection with a munition or other device, it is destroyed if it is permanently prevented from being so used.

(3)

In sections 5 to 9 “premises” includes land (including buildings), moveable structures, vehicles, vessels, aircraft and hovercraft.

(4)

Nothing in sections 4 to 7 affects any power arising otherwise than by virtue of those sections (such as a power to dispose of property in police possession in connection with the investigation of a suspected offence).

Annotations

Modifications

C1: S. 10 extended (with modifications) (Jersey) (21.12.1998) by S.I. 1998/2565, art. 4, Sch.