Jersey Order in Council
16/1974
BIOLOGICAL WEAPONS ACT 1974 (JERSEY) ORDER, 1974.
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(Registered on the 2nd
day of August, 1974).
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At the Court at Buckingham Palace.
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28th
June, 1974.
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PRESENT
The
Queen’s Most Excellent Majesty in Council.
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HER MAJESTY, in exercise of the powers
conferred upon Her by section 6(2) of the Biological Weapons Act 1974, is
pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows: -
1. This
Order may be cited as the Biological Weapons Act 1974 (Jersey) Order 1974 and
shall come into operation on 22nd July 1974.
2. The
Interpretation Act 1889 shall apply for the interpretation of this Order as it
applies for the interpretation of an Act of Parliament.
3. The
provisions of the Biological Weapons Act 1974 shall extend to the Bailiwick of
Jersey subject to the exceptions, adaptations and modifications specified in
the Schedule to this Order.
W.G. AGNEW
SCHEDULE
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS
1. Save
where the context otherwise requires, any reference to the Biological Weapons
Act 1974 or to any other Act of Parliament shall be construed as a reference to
that Act as it has effect in the Bailiwick of Jersey.
2. For
section 2 there shall be substituted the following provision: -
“2. Proceedings
for an offence under this Act shall not be instituted without the consent of
the Attorney General of Jersey.”
3. In
section 4 –
(a) in subsection (1) for
the words from the beginning of the subsection to the words “magistrate
or justice of the peace” shall be substituted the words “If the
Bailiff”;
(b) for the word
“constable” wherever it appears there shall be substituted the
words “police officer”.
4. Section
6 shall be omitted.
BIOLOGICAL WEAPONS ACT 1974.
CHAPTER 6.
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ARRANGEMENT
OF SECTIONS.
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Section
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1.
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Restriction on development etc. of certain biological agents and
toxins and of biological weapons.
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2.
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Prosecution of
offences.
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3.
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Offences by bodies
corporate.
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4.
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Powers to search
and obtain evidence.
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5.
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Amendment of Army,
Air Force and Naval Discipline Acts.
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6.
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Extent.
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7.
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Short title.
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ELIZABETH II
1967 CHAPTER 6
AN ACT to
prohibit the development, production, acquisition and possession of certain
biological agents and toxins and of biological weapons.
[8th February, 1974].
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:
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RESTRICTION ON DEVELOPMENT ETC. OF CERTAIN BIOLOGICAL AGENTS AND
TOXINS AND OF BIOLOGICAL WEAPONS
1.-(1) No person shall develop, produce,
stockpile, acquire or retain –
(a) any biological agent or
toxin of a type and in a quantity that has no justification for prophylactic,
protective or other peaceful purposes; or
(b) any weapon, equipment
or means of delivery designed to use biological agents or toxins for hostile
purposes or in armed conflict.
(2) In
this section –
“biological agent” means any microbial or other
biological agent; and
“toxin” means any toxin, whatever its origin or method
or production.
(3) Any
person contravening this section shall be guilty of an offence and shall, on
conviction on indictment, be liable to imprisonment for life.
PROSECUTION OF OFFENCES
[2. Proceedings
for an offence under this Act shall not be instituted without the consent of
the Attorney General of Jersey.]
OFFENCES BY BODIES CORPORATE
3. Where
an offence under section 1 of this Act which is committed by a body corporate
is proved to have been committed with the consent and connivance of, or to be
attributable to any negligence on the part 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.
POWERS TO SEARCH AND OBTAIN EVIDENCE
4.-(1) [If the Bailiff] is satisfied by
evidence on oath, that there is reasonable ground for suspecting that an
offence under section 1 of this Act has been, or is about to be, committed, he
may grant a search warrant authorising a [police
officer] named therein –
(a) to enter, at any time
within one month from the date of the warrant, any premises or place named
therein, if necessary by force, and to search the premises or place and every
person found therein;
(b) to inspect any document
found in the premises or place or in the possession of any person found
therein, and to take copies of, or seize or detain any such document;
(c) to inspect, seize and
detain any equipment so found; and
(d) to inspect, sample,
seize and detain any substance so found.
(2) A
warrant issued under subsection (1) above, authorising
a [police officer] to take the steps mentioned in that subsection, may also authorise any person named in the warrant to accompany the
[police officer] and assist him in taking any of those steps.
AMENDMENT OF ARMY, AIR FORCE AND NAVAL DISCIPLINE ACTS
5.-(1) Section 70 of the Army Act 1955 and
section 70 of the Air Force Act 1955 (civil offenders), as amended by section
1(6) of the Genocide Act 1969, shall each be amended by inserting in subsection
(4), after the word “genocide”, the words “or an offence
under section 1 of the Biological Weapons Act 1974.”
(2) In
section 48(2) of the Navy Discipline Act 1957 (exclusion of jurisdiction of
courts-martial), as amended by section 1(7) of the Genocide Act 1969, after the
word “genocide” there shall be inserted the words “or an
offence under section 1 of the Biological Weapons Act 1974.”
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SHORT TITLE
7. This
Act may be cited as the Biological Weapons Act 1974.