Nuclear Explosions (Prohibition and Inspections) Act 1998

The Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7) was an Act of the Parliament of the United Kingdom to pass legislation relating to enforcing the Comprehensive Test Ban Treaty of 1996. It is not yet in force.

The Act explicitly declared that to knowingly cause the detonation of a nuclear weapon, for a test or any other reason, was an offence, and punishable by life imprisonment and confiscation of anything relating to the offence. The only exception was where the explosion was deemed to have been carried out in the course of an armed conflict - if a question arises over this the Secretary of State for Defence decides and issues a certificate of their determination. The Act applied both to any weapon used within the United Kingdom, or used elsewhere by British nationals or corporations.

It also allowed for on-site inspection parties as mandated by the treaty, and criminalised any attempts to wilfully obstruct such inspections.

The Act also grants powers to enter and search premises if a justice of the peace is satisfied that there is reasonable ground for suspecting that an offence is being, has been or is about to be committed.

The final section of the Act states that the Act does not come into effect until a minister signs an order declaring the date on which it is to become effective. However the Anti-Terrorism, Crime and Security Act 2001,[1] which is in force, includes offences relating to nuclear weapons.[2]

External links

• Full text of the Act