{
  "url": "https://openlegislation.uk/cluster-munitions-prohibitions-act-2010/schedule-2/paragraph-8",
  "json_url": "https://openlegislation.uk/cluster-munitions-prohibitions-act-2010/schedule-2/paragraph-8.json",
  "legislation": "ukpga/2010/11",
  "legislation_title": "Cluster Munitions (Prohibitions) Act 2010",
  "legislation_url": "https://openlegislation.uk/cluster-munitions-prohibitions-act-2010",
  "path": "schedule/2/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": null,
  "text": "(1) The defence under section 9(1) does not apply where a person is charged with an offence under section 2(1)(e) if it is proved that, at the time of the conduct constituting the offence, the person was a member of a visiting force of a State that was not a party to the Convention or was working with such a force.\n(2) The defence under section 9(1) does not apply where a person is charged with an offence under section 2(1)(g) if it is proved that—\n(a) at the time of the conduct constituting the offence, the person was a member of a visiting force of a State that was not a party to the Convention or was working with such a force, and\n(b) the conduct consisted of the person making arrangements under which a member of such a visiting force moves a prohibited munition into or from the United Kingdom or enters into a contract to move a prohibited munition into or from the United Kingdom.\n(3) The defence under section 9(1) does not apply where a person is charged with an offence specified in paragraphs 2 to 6 if it is proved that—\n(a) at the time of the conduct constituting the offence, the person was a member of a visiting force of a State that was not a party to the Convention or was working with such a force, and\n(b) the conduct was related to anything to which sub-paragraph (4) applies.\n(4) This sub-paragraph applies to—\n(a) the possession of a prohibited munition by a member of a visiting force of a State that was not a party to the Convention or a person working with such a force,\n(b) the movement of a prohibited munition into or from the United Kingdom by a member of such a visiting force,\n(c) the entering into a contract by a member of such a visiting force to move a prohibited munition into or from the United Kingdom,\n(d) the making of arrangements by a member of such a visiting force or a person working with such a force under which a member of such a force—\n(i) moves a prohibited munition into or from the United Kingdom, or\n(ii) enters into a contract to move a prohibited munition into or from the United Kingdom.\n(5) In this paragraph “member of a visiting force” and “person working with such a force” are to be construed in accordance with section 8.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2010/11/schedule/2/paragraph/8",
    "retrieved_at": "2026-10-29T09:10:11.160553+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}