# Cluster Munitions (Prohibitions) Act 2010, Paragraph 8


(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.
(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—
(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
(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.
(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—
(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
(b) the conduct was related to anything to which sub-paragraph (4) applies.
(4) This sub-paragraph applies to—
(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,
(b) the movement of a prohibited munition into or from the United Kingdom by a member of such a visiting force,
(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,
(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—
(i) moves a prohibited munition into or from the United Kingdom, or
(ii) enters into a contract to move a prohibited munition into or from the United Kingdom.
(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.

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Source: https://www.legislation.gov.uk/ukpga/2010/11/schedule/2/paragraph/8 (the official version)
Page: https://openlegislation.uk/cluster-munitions-prohibitions-act-2010/schedule-2/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.