House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Arms Control and Disarmament (Inspections) Bill [HL]


 

Arms Control and Disarmament (Inspections) Bill [HL]

 
 

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Foreign and Commonwealth Office, are

published separately as HL Bill 2—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Baroness Symons of Vernham Dean has made the following statement under

section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Arms Control and Disarmament (Inspections) Bill

[HL] are compatible with the Convention rights.

 
HL Bill 2 53/2
 
 

Arms Control and Disarmament (Inspections) Bill [HL]
Schedule 1 — Further implementation of CFE Treaty

    1

 

A

Bill

To

Make further provision relating to the Treaty on Conventional Armed Forces

in Europe signed in Paris on 19th November 1990. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Further implementation of CFE Treaty

     (1)    Schedule 1 amends the Arms Control and Disarmament (Inspections) Act 1991

(c. 41) in pursuance of the Treaty on Conventional Armed Forces in Europe

signed in Paris on 19th November 1990, as amended by the Agreement signed

in Istanbul on 19th November 1999 on Adaptation of that Treaty.

5

     (2)    The repeals set out in Schedule 2 have effect.

 2     Implementation of future revisions to CFE Treaty

     (1)    Her Majesty may by Order in Council make such provision modifying the

Arms Control and Disarmament (Inspections) Act 1991 as appears to Her

Majesty necessary or expedient for giving effect to further amendments

10

relating to inspections made to the Treaty on Conventional Armed Forces in

Europe signed in Paris on 19th November 1990.

     (2)    An Order in Council may not be made under this section unless a draft of the

Order has been laid before, and approved by resolution of, each House of

Parliament.

15

 3     Short title, commencement and extent

     (1)    This Act may be cited as the Arms Control and Disarmament (Inspections) Act

2003.

     (2)    This Act shall come into force on such day as the Secretary of State may by

order made by statutory instrument appoint.

20

     (3)    This Act extends to Northern Ireland.

 
HL Bill 2 53/2
 
 

Arms Control and Disarmament (Inspections) Bill [HL]
Schedule 1 — Further implementation of CFE Treaty

    2

 

     (4)    The power in section 6(4) of the Arms Control and Disarmament (Inspections)

Act 1991 (c. 41) (power to extend that Act to certain overseas territories) applies

to modifications to that Act made by or under this Act as it applies to the

provisions of that Act.

 

 

Arms Control and Disarmament (Inspections) Bill [HL]
Schedule 1 — Further implementation of CFE Treaty

 3

 

Schedules

Schedule 1

Section 1(1)

 

Further implementation of CFE Treaty

  1        The Arms Control and Disarmament (Inspections) Act 1991 (c. 41) has effect

subject to the following amendments.

5

  2       (1)      Section 1 (interpretation etc) is amended as follows.

          (2)      For subsection (1) (definition of “the Protocol”) substitute—

              “(1)                In this Act—

                                      “the Treaty” means the Treaty on Conventional Armed Forces

in Europe signed in Paris on 19th November 1990 (as

10

amended by the Agreement adapting that Treaty signed in

Istanbul on 19th November 1999);

                                      “the Protocol” means the Protocol on Inspection incorporated in

the Treaty (as substituted by article 27 of that Agreement).”

          (3)      In subsection (2) (definitions)—

15

              (a)             omit paragraph (a), and

              (b)             in paragraph (c), for the words from ““inspection team”” to

“challenge inspection” substitute “and “inspection team” shall be

construed, in relation to any inspection”.

          (4)      In subsection (3)(b) (definitions), omit “paragraph 1 of”.

20

          (5)      Omit subsection (4) (introduction of Schedule).

  3        For the cross-heading preceding section 2, substitute “Inspections”.

  4       (1)      Section 2 (rights of entry etc) is amended as follows.

          (2)      In the sidenote, for “challenge inspections under” substitute “inspections

pursuant to Sections VII, VIII and IX of”.

25

          (3)      In subsection (1), (authorisation of challenge inspections), for “a challenge

inspection within any specified area” substitute “an inspection pursuant to

Section VIII of the Protocol (challenge inspections within a specified area)”.

          (4)      After subsection (1) insert—

              “(1A)                The Secretary of State may also issue an authorisation under this

30

section in respect of an inspection which it is proposed to conduct

pursuant to—

                    (a)                   Section VII of the Protocol (declared site inspections), or

                    (b)                   Section IX of the Protocol (inspections in a designated area).”

          (5)      In subsection (2) (authorisation to contain a description of the specified

35

area), for “specified area” substitute “area to be inspected pursuant to the

relevant Section of the Protocol”.

 

 

Arms Control and Disarmament (Inspections) Bill [HL]
Schedule 1 — Further implementation of CFE Treaty

    4

 

          (6)      In subsection (3)(a) (powers of inspection team within the specified area), for

“specified area” substitute “area in respect of which the authorisation is

issued”.

          (7)      In subsection (5) (division into sub-teams etc), for “paragraph 2” substitute

“paragraph 4 or 5”.

5

          (8)      In subsection (8) (validity of authorisation for challenge inspection), omit

“challenge” in both places.

          (9)      In subsection (9) (evidence of membership of inspection team etc for

challenge inspection), omit “challenge”.

  5        In section 3 (offences), in subsection (1) (obstruction etc of challenge

10

inspection), omit “challenge”.

  6        Omit the Schedule (excerpt from Treaty).

Schedule 2

Section 1(2)

 

Repeals

 

Enactment

Extent of repeal

 

15

 

Arms Control and

In section 1—

 
 

Disarmament (Inspections)

            subsection (2)(a);

 
 

Act 1991 (c. 41)

            in subsection (3)(b), “paragraph 1 of”;

 
   

            subsection (4).

 
   

In section 2—

 

20

   

            in subsection (8), “challenge”, in both

 
   

           places;

 
   

            in subsection (9), “challenge”.

 
   

In section 3(1), “challenge”.

 
   

The Schedule.

 

25

 

 
contents
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2002
Revised 15 November 2002