Arms Control and Disarmament (Inspections) Act 1991

Preliminary

Interpretation etc

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• (1) In this Act “the Protocol” means the Protocol on Inspection incorporated in the Treaty on Conventional Armed Forces in Europe signed in Paris on 19th November 1990.

• (2) In this Act—

• (a) “challenge inspection” means an inspection conducted pursuant to Section VIII of the Protocol (challenge inspections within specified areas);

• (b) “inspector” has the meaning given by Section I of the Protocol (definitions); and

• (c) (subject to subsection (3) below) “escort team”, “inspection team” and “specified area” shall be construed, in relation to any challenge inspection, in accordance with that Section.

• (3) In this Act—

• (a) any reference to an escort team includes a reference to an escort team in which any liaison officer is included pursuant to paragraph 2 of Section V of the Protocol (procedures upon arrival at point of entry and exit); and

• (b) any reference to an inspection team includes a reference to an inspection team in which any inspector is included pursuant to paragraph 1 of Section VI of the Protocol (general rules for conducting inspections).

• (4) For ease of reference the following provisions of the Protocol are set out in the Schedule to this Act, namely—

• (a) certain definitions contained in Section I; and

• (b) Section VI.

Challenge inspections

Rights of entry etc. for purposes of challenge inspections under the Protocol

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• (1) Where a request to conduct a challenge inspection within any specified area in the United Kingdom—

• (a) has been made under the Protocol, and

• (b) has been granted by Her Majesty’s Government in the United Kingdom,

the Secretary of State may issue an authorisation under this section in respect of that inspection.

• (2) An authorisation under this section shall contain a description of the specified area and state the names of the members of the inspection team by whom the inspection is to be carried out.

• (3) Such an authorisation shall have the effect of authorising the inspection team—

• (a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are conferred on them by Section VI of the Protocol, and

• (b) to do such other things within that area in connection with the conduct of the inspection as they are entitled to do by virtue of that Section.

• (4) Such an authorisation shall in addition have the effect of—

• (a) authorising an escort team to accompany the inspection team at all times, and

• (b) authorising any constable to give such assistance as the person in command of the escort team may request for the purpose of facilitating the conduct of the inspection in accordance with Section VI of the Protocol;

and the name of the person in command of the escort team shall be stated in the authorisation.

• (5) Where the inspection team is divided into sub-teams in accordance with paragraph 2 of Section VI of the Protocol—

• (a) subsection (3) shall apply to each of the sub-teams as it applies to the inspection team as a whole, and

• (b) subsection (4)(a) shall be construed as authorising members of the escort team to accompany each of the sub-teams.

• (6) Any constable giving assistance in accordance with subsection (4)(b) may use such reasonable force as he considers necessary for the purpose mentioned in that provision.

• (7) The occupier of any premises—

• (a) in relation to which it is proposed to exercise a right of entry in reliance on an authorisation under this section, or

• (b) on which an inspection is being carried out in reliance on such an authorisation,

or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorisation to be shown to him by a member of the escort team.

• (8) The validity of any authorisation purporting to be issued under this section in respect of any challenge inspection shall not be called in question in any court of law at any time before the conclusion of that inspection; and accordingly no proceedings (of whatever nature) shall be brought at any time before the conclusion of any challenge inspection if they would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of any such inspection.

• (9) If in any proceedings any question arises whether a person at any time was or was not, in relation to any challenge inspection, a member of the inspection team or (as the case may be) a member of the escort team, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.

Offences

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• (1) Where an authorisation has been issued under section 2 in respect of any challenge inspection, any person who—

• (a) refuses to comply with any request made by any constable for the purpose of facilitating the conduct of that inspection in accordance with Section VI of the Protocol, or

• (b) wilfully obstructs any member of the inspection team or of the escort team in the conduct of that inspection in accordance with that Section,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

• (2) Where an offence under this section is committed by a body corporate and is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In relation to a body corporate whose affairs are managed by its members, “director” means a member of the body corporate.

• (3) Where an offence under this section is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Exercise of powers in relation to Crown land in private occupation

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• (1) The powers exercisable in the case of any authorisation by virtue of section 2 shall be exercisable in relation to any Crown land only to the extent that it is land which any person is entitled to occupy by virtue of a private interest (whether it is an interest in land or arises under a licence).

• (2) In subsection (1)—

• “Crown land” means land in which there is a Crown interest or a Duchy interest; and

• “private interest” means an interest which is neither a Crown interest nor a Duchy interest;

and for this purpose—

• “Crown interest” means an interest— belonging to Her Majesty in right of the Crown (including the Crown in right of Her Majesty’s Government in Northern Ireland), or belonging to a government department or Northern Ireland department, or an interest held in trust for Her Majesty for the purposes of any such department; and

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall.

Privileges and immunities

Privileges and immunities of inspectors and transport crew members in connection with inspections under the Protocol

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• (1) Inspectors and transport crew members shall enjoy the same privileges and immunities as are enjoyed by diplomatic agents in accordance with the following provisions of the 1961 Articles, namely—

• (a) Article 29,

• (b) paragraph 2 of Article 30,

• (c) paragraphs 1, 2 and 3 of Article 31, and

• (d) Articles 34 and 35.

• (2) Such persons shall, in addition, enjoy the same privileges as are enjoyed by diplomatic agents in accordance with paragraph 1(b) of Article 36 of the 1961 Articles, except in relation to articles the importing or exporting of which is prohibited by law or controlled by the enactments relating to quarantine.

• (3) Subject to subsection (4), the privileges and immunities accorded to inspectors and transport crew members by virtue of this section—

• (a) shall be enjoyed by them at any time when they are in the United Kingdom—

• (i) in connection with the carrying out of an inspection there pursuant to any provision of the Protocol, or

• (ii) while in transit to or from the territory of another State Party in connection with the carrying out of such an inspection there; and

• (b) shall also be enjoyed by them at any time with respect to acts previously performed in the exercise of official functions as an inspector or a transport crew member.

• (4) The immunity from jurisdiction enjoyed by an inspector or a transport crew member by virtue of subsection (1)(c) shall cease to be so enjoyed if expressly waived by the State Party of which he is a national.

• (5) Any means of transport—

• (a) used by inspectors to travel to or from the United Kingdom in connection with the carrying out of an inspection pursuant to any provision of the Protocol (whether in the United Kingdom or elsewhere), and

• (b) specifically provided for such use by, or by arrangement with, any State Party,

shall be inviolable.

• (6) If in any proceedings any question arises whether a person is or is not entitled to any privilege or immunity by virtue of this section, a certificate issued by or under the authority of the Secretary of State stating any fact relating to that question shall be conclusive evidence of that fact.

• (7) In this section—

• “the 1961 Articles” means the Articles which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 (Articles of Vienna Convention on Diplomatic Relations of 1961 having force of law in United Kingdom);

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

• “State Party” has the same meaning as in the Treaty referred to in section 1(1) above;

• “transport crew member” has the meaning given by Section I of the Protocol.

Supplementary

Short title, commencement and extent

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• (1) This Act may be cited as the Arms Control and Disarmament (Inspections) Act 1991.

• (2) Except for this section, this Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument.

• (3) This Act extends to Northern Ireland.

• (4) Her Majesty may by Order in Council provide for this Act to extend to any of the following territories, namely—

• (a) the Isle of Man,

• (b) any of the Channel Islands,

• (c) Gibraltar, or

• (d) the Sovereign Base Areas of Akrotiri and Dhekelia (that is to say, the areas mentioned in section 2(1) of the Cyprus Act 1960),

with such modifications as appear to Her Majesty to be appropriate.

Schedule

SECTION I. — DEFINITIONS

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For the purposes of the Treaty:

SECTION VI. — GENERAL RULES FOR CONDUCTING INSPECTIONS

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An inspection team may include inspectors from States Parties other than the inspecting State Party.

2

For inspections conducted in accordance with Sections VII, VIII, IX and X of this Protocol, an inspection team shall consist of up to nine inspectors and may divide itself into up to three sub-teams. In the case of simultaneous inspections on the territory of States Parties that do not have military districts specified in Articles IV and V of the Treaty or within a single military district of a State Party with such military districts, only one inspection team may divide itself at the inspection site into three sub-teams, the others into two sub-teams.

3

Inspectors and escort team members shall wear some clear identification of their respective roles.

4

An inspector shall be deemed to have assumed his or her duties upon arrival at the point of entry/exit on the territory of the State Party where an inspection is to be carried out and shall be deemed to have ceased performing those duties after leaving the territory of that State Party through the point of entry/exit.

5

The number of transport crew members shall not exceed 10.

6

Without prejudice to their privileges and immunities, inspectors and transport crew members shall respect the laws and regulations of the State Party on whose territory an inspection is carried out and shall not interfere in the internal affairs of that State Party. Inspectors and transport crew members shall also respect regulations at an inspection site, including safety and administrative procedures. In the event that the inspected State Party determines that an inspector or transport crew member has violated such laws and regulations or other conditions governing the inspection activities set forth in this Protocol, it shall so notify the inspecting State Party, which upon the request of the inspected State Party shall immediately delete the name of the individual from the list of inspectors or transport crew members. If the individual is on the territory of the State Party where an inspection is carried out, the inspecting State Party shall promptly remove that individual from that territory.

7

The inspected State Party shall be responsible for ensuring the safety of the inspection team and transport crew members from the time they arrive at the point of entry/exit until the time they leave the point of entry/exit to depart the territory of that State Party.

8

The escort team shall assist the inspection team in carrying out its functions. At its discretion, the escort team may exercise its right to accompany the inspection team from the time it enters the territory of the State Party where an inspection is to be carried out until the time it departs that territory.

9

The inspecting State Party shall ensure that the inspection team and each sub-team have the necessary linguistic ability to communicate freely with the escort team in the language notified in accordance with Section IV, paragraph 2, subparagraph (F) and paragraph 3, subparagraph (E) of this Protocol. The inspected State Party shall ensure that the escort team has the necessary linguistic ability to communicate freely in this language with the inspection team and each sub-team. Inspectors and members of the escort team may also communicate in other languages.

10

No information obtained during inspections shall be publicly disclosed without the express consent of the inspecting State Party.

11

Throughout their presence on the territory of the State Party where an inspection is to be carried out, inspectors shall have the right to communicate with the embassy or consulate of the inspecting State Party located on that territory, using appropriate telecommunications means provided by the inspected State Party. The inspected State Party shall also provide means of communication between the sub-teams of an inspection team.

12

The inspected State Party shall transport the inspection team to, from and between inspection sites by a means and route selected by the inspected State Party. The inspecting State Party may request a variation in the selected route. The inspected State Party shall if possible grant such a request. Whenever mutually agreed, the inspecting State Party will be permitted to use its own land vehicles.

13

If an emergency arises that necessitates travel of inspectors from an inspection site to a point of entry/exit or to the embassy or consulate of the inspecting State Party on the territory of the State Party where an inspection is carried out, the inspection team shall so notify the escort team, which shall promptly arrange such travel, and if necessary, shall provide appropriate means of transportation.

14

The inspected State Party shall provide for use by the inspection team at the inspection site an administrative area for storage of equipment and supplies, report writing, rest breaks and meals.

15

The inspection team shall be permitted to bring such documents as needed to conduct the inspection, in particular its own maps and charts. Inspectors shall be permitted to bring and use portable passive night vision devices, binoculars, video and still cameras, dictaphones, tape measures, flashlights, magnetic compasses and lap-top computers. The inspectors shall be permitted to use other equipment, subject to the approval of the inspected State Party. Throughout the in-country period, the escort team shall have the right to observe the equipment brought by inspectors, but shall not interfere with the use of equipment that has been approved by the escort team in accordance with Section V, paragraphs 5 to 7 of this Protocol.

16

In the case of an inspection conducted pursuant to Section VII or VIII of this Protocol, the inspection team shall specify on each occasion it designates the inspection site to be inspected whether the inspection will be conducted on foot, by cross-country vehicle, by helicopter or by any combination of these. Unless otherwise agreed, the inspected State Party shall provide and operate the appropriate cross-country vehicles at the inspection site.

17

Whenever possible, subject to the safety requirements and flight regulations of the inspected State Party and subject to the provisions of paragraphs 18 to 21 of this Section, the inspection team shall have the right to conduct helicopter overflights of the inspection site, using a helicopter provided and operated by the inspected State Party, during inspections conducted pursuant to Sections VII and VIII of this Protocol.

18

The inspected State Party shall not be obliged to provide a helicopter at any inspection site that is less than 20 square kilometres in area.

19

The inspected State Party shall have the right to delay, limit or refuse helicopter overflights above sensitive points, but the presence of sensitive points shall not prevent helicopter overflight of the remaining areas of the inspection site. Photography of or above sensitive points during helicopter overflights shall be permitted only with the approval of the escort team.

20

The duration of such helicopter overflights at an inspection site shall not exceed a cumulative total of one hour, unless otherwise agreed between the inspection team and the escort team.

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