Page:Chemical Weapons Act 1996.pdf/11

Rh Premises for producing chemical weapons etc.

11.—(1) No person shall—
 * (a) construct premises he intends to be used to produce chemical weapons;
 * (b) alter premises in circumstances where he intends that they will be used to produce chemical weapons;
 * (c) instalinstall [sic] or construct equipment he intends to be used to produce chemical weapons;
 * (d) alter equipment in circumstances where he intends that it will be used to produce chemical weapons;
 * (e) permit the construction on land he occupies of premises he intends to be used to produce chemical weapons;
 * (f) permit premises on land he occupies to be altered in circumstances where he intends that they will be used to produce chemical weapons;
 * (g) permit the installation or construction on land he occupies of equipment he intends to be used to produce chemical weapons;
 * (h) permit equipment on land he occupies to be altered in circumstances where he intends that it will be used to produce chemical weapons.

(2) For the purposes of subsection (1) an object is not a chemical weapon if the person intends that the object will be used only for permitted purposes; and in deciding whether permitted purposes are intended the types and quantities of objects shall be taken into account.

(3) A person contravening this section is guilty of an offence and liable on conviction on indictment to imprisonment for life.

12.—(1) If—
 * (a) the Secretary of State has grounds to suspect that any equipment or building is a chemical weapons production facility, and
 * (b) at least one person falls within subsection (2),

the Secretary of State may serve on any person falling within that subsection a copy of a notice falling within subsection (3).

(2) The persons falling within this subsection are—
 * (a) any person who appears to the Secretary of State to occupy the land on which the equipment or building is situated,
 * (b) if the Secretary of State’s suspicion relates to equipment, any person not falling within paragraph (a) and who appears to the Secretary of State to have the equipment in his possession, and
 * (c) any person not falling within paragraph (a) or (b) and who appears to the Secretary of State to have an interest which the Secretary of State believes is materially affected by the notice.

(3) A notice falling within this subsection is a notice which—
 * (a) describes the equipment or building and states its location;
 * (b) states that the Secretary of State suspects that the equipment or building is a chemical weapons production facility and gives the reasons for his suspicion;