Chemical Weapons Act, 1997
What is this act about?
Is é cuspóir an Achta seo an Coinbhinsiún maidir le hArma Ceimiceacha a chur i bhfeidhm, a thoirmeascann forbairt, táirgeadh, stoc-charnadh agus úsáid arm ceimiceach, agus a fhorálann dá scriosadh. Déanann sé foráil freisin d’ábhair ghaolmhara.
Who it applies to: Aon duine a d’fhéadfadh airm cheimiceacha a thúsú, a fhorbairt, a choinneáil, a úsáid nó a aistriú; Aon duine a tháirgeann, a úsáideann, a fhaigheann nó a shealbhaíonn ceimiceáin tocsaineacha nó réamhtheachtaithe atá liostaithe sa Chéad Sceideal.
At a glance
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What does this act regulate?
- Toirmeasc ar airm cheimiceacha a thúsú, a fhorbairt, a choinneáil, a úsáid nó a aistriú.
- Rialú ar cheimiceáin tocsaineacha agus réamhtheachtaithe atá liostaithe sa Chéad Sceideal.
- Cigireacht agus forfheidhmiú an Achta ag cigirí idirnáisiúnta agus oifigigh údaraithe.
- Foráil maidir le faisnéis agus doiciméid, nochtadh faisnéise, agus faisnéis phribhléideach.
Who does this act apply to?
- Aon duine a d’fhéadfadh airm cheimiceacha a thúsú, a fhorbairt, a choinneáil, a úsáid nó a aistriú.
- Aon duine a tháirgeann, a úsáideann, a fhaigheann nó a shealbhaíonn ceimiceáin tocsaineacha nó réamhtheachtaithe atá liostaithe sa Chéad Sceideal.
- Saoránaigh an Stáit, fiú má dhéantar gníomhartha lasmuigh den Stát.
What are the key points?
- Ní ceadmhach d’aon duine airm cheimiceacha a thúsú, a fhorbairt, a choinneáil, a úsáid nó a aistriú, ná cabhrú le duine eile é sin a dhéanamh.
- Ní ceadmhach d’aon duine áitreabh nó trealamh a thógáil, a athrú, a chothabháil nó a úsáid chun críocha a bhaineann le hairm cheimiceacha.
- Ní ceadmhach d’aon duine ullmhúcháin de chineál míleata a dhéanamh chun arm ceimiceach a úsáid.
- Is cion é sárú ar na toirmisc seo, agus d’fhéadfadh fíneáil nach mó ná £1,500, nó príosúnacht ar feadh téarma nach mó ná 12 mhí (ar chiontú achomair), nó príosúnacht saoil (ar chiontú ar díotáil) a bheith mar thoradh air.
Other legislation
Legal text
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Chemical Weapons Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Chemical Weapons Act, 1997 Chemical Weapons Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 28 of 1997 CHEMICAL WEAPONS ACT, 1997 ARRANGEMENT OF SECTIONS
PART I
Preliminary Section
Section 1
Short title and commencement.
Section 2
Interpretation.
PART II
Chemical Weapons and Chemicals for Permitted Purposes
Section 3
Chemical weapons.
Section 4
First Schedule toxic chemicals and precursors.
PART III
Inspection and Enforcement
Section 5
International inspectors.
Section 6
Authorised officers.
Section 7
Inspections.
Section 8
Members of Garda Síochána to have powers of authorised officers in certain circumstances.
PART IV
Miscellaneous
Section 9
Information and documents.
Section 10
Disclosure of information.
Section 11
Privileged information and evidence.
Section 12
Regulations.
Section 13
Offences and penalties.
Section 14
Forfeiture.
Section 15
Prosecution of summary offences.
Section 16
Expenses of Minister.
FIRST SCHEDULE Scheduled Toxic Chemicals and Precursors SECOND SCHEDULE THIRD SCHEDULE Act Referred to Safety, Health and Welfare at Work Act, 1989 1989, No. 7 Number 28 of 1997 CHEMICAL WEAPONS ACT, 1997 AN ACT TO IMPLEMENT THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION, STOCKPILING AND USE OF CHEMICAL WEAPONS AND ON THEIR DESTRUCTION, AND TO PROVIDE FOR RELATED MATTERS. [19th May, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I
Preliminary Short title and commencement.
1.—(1) This Act may be cited as the Chemical Weapons Act, 1997.
Interpretation.
2.—(1) In this Act, unless the context otherwise requires— “authorised officer” means— (a) an officer of the National Authority appointed under section 6
PART II
Chemical Weapons and Chemicals for Permitted Purposes Chemical weapons.
3.—(1) No person shall— (a) produce, develop, retain, use or transfer, directly or indirectly to anyone, a chemical weapon or assist another person to produce, develop, retain, use or transfer a chemical weapon, (b) construct, convert, maintain or use any premises or equipment for a purpose referred to in paragraph (a) or assist another person to do any of those things for such a purpose, or (c) engage in preparations of a military nature to use a chemical weapon.
First Schedule toxic chemicals and precursors.
4.—Except as authorised by or pursuant to any regulations made under section 12 , no person shall produce, use, acquire or possess a toxic chemical or precursor listed in the First Schedule .
PART III
Inspection and Enforcement International inspectors.
5.—(1) The National Authority may issue to any person who is a member of an inspection team of the Organisation that has been authorised under the Convention to conduct on behalf of the Organisation inspections in the State, a certificate— (a) identifying the person by name and indicating the person's status and authority to conduct inspections in the State, (b) specifying any privileges and immunities applicable to the person, and (c) setting out such other information and any conditions (including restrictions) applicable to the person's inspection activities in the State as the National Authority considers appropriate.
Authorised officers.
6.—(1) The National Authority may appoint such and so many officers of the Authority as it thinks fit to be authorised officers for the purposes of this Act.
Inspections.
7.—(1) An authorised officer may, for the purposes of ensuring that this Act is being complied with— (a) at any reasonable time and consistent with the provisions of the Convention, enter any place (with reasonable force if necessary, provided it is authorised by a warrant under subsection (7))— (i) in respect of which under section 9 information has been or is required to be provided, (ii) that is subject to an on-site challenge inspection referred to in paragraph 8 of Article IX of the Convention, (iii) in respect of which an investigation under paragraph 9 of Article X of the Convention has been initiated, or (iv) in, at or on which there are reasonable grounds to believe an offence against this Act has been or is being committed, (b) inspect the place, (c) request any person in, at or on the place to give to the authorised officer access to any area, container or thing in, at or on the place, (d) secure under a warrant under subsection (7), for later inspection, any such place or area, or any container or thing in, at or on the place, (e) examine any container or thing in, at or on the place, (f) request any person in charge or employed in, at or on the place to produce to the authorised officer such information contained in the records, files, papers or electronic information systems kept in, at or on, or used in relation to, the place and, in the case of such information in a non-legible form, to reproduce it in a legible form, (g) inspect and take copies of or extracts from any such records, files, papers or electronic information system in, at or on the place, including in the case of information in a non-legible form, copies of or extracts from such information in a permanent legible form, (h) remove and retain, under a warrant under subsection (7), those records, files or papers, or equipment used in such information systems, for such period as may be reasonable for further examination or until the conclusion of any legal proceedings, (i) have photographs taken of any thing in, at or on the place and remove the photographs from the place, (j) where appropriate, install, use and maintain in, at or on the place monitoring instruments, systems and seals in a manner consistent with the Convention, (k) require any person in, at or on the place to give to the authorised officer any information that the officer may reasonably require in the inspection or investigation, (l) take samples for analysis of any thing in, at or on the place, without payment, and analyse those samples or remove them from the place for analysis outside the place,
(m) as regards any product or any article or substance used in the manufacture of a product the authorised officer finds in, at or on the place, require any person in, at or on the place, or who appears to the officer to be in possession of the product or the article or substance, to supply without payment for test, examination or analysis, sufficient samples thereof, (n) cause any product or any substance or thing used in the manufacture of a product found in, at or on the place the possession or use of which appears to the authorised officer to constitute an offence under this Act, to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless it is in the circumstances necessary for the purposes of this Act, and where an authorised officer proposes to exercise this power in the case of a product, substance or thing used in the manufacture of a product found in, at or on the place, the officer shall, if required by a person who at the time is present in, at or on and has responsibility in relation to the place, cause anything which is to be done by virtue of that power to be done in the presence of that person), (o) take possession of any such product, substance or thing in, at or on the place and retain it for so long as is necessary for all or any of the following purposes: (i) to examine or arrange for its examination and do to it anything that he or she has power to do under paragraph (h), (ii) to ensure that it is not tampered with before the examination is completed, and (iii) to ensure that it is available for use as evidence in any proceedings, (p) require any person in, at or on the place to afford the authorised officer such facilities and assistance within the person's control or responsibilities as are reasonably necessary to enable the officer to exercise any of the powers conferred on an authorised officer by or under this Act, and (q) exercise such other powers as may be necessary to ensure that this Act is complied with.
Members of Garda Síochána to have powers of authorised officers in certain circumstances.
8.—Where a member of the Garda Síochána suspects, on reasonable grounds, that an offence under section 4 has been or is being committed in, at or on any place or by any person, the member has and may exercise in relation to that place or person, in addition to any powers that he or she may have by virtue of being a member of the Garda Síochána, any of the powers of an authorised officer under this Act.
PART IV
Miscellaneous Information and documents.
9.—Any person who— (a) does anything under an authorisation under regulations made under this Act, (b) produces, possesses, consumes or transfers a toxic chemical or precursor listed in the Second Schedule , (c) produces, possesses, consumes or transfers a toxic chemical or precursor listed in the Third Schedule , or (d) produces a discrete organic chemical or holds a riot control agent for riot control purposes, shall— (i) provide the prescribed information, at the prescribed time and in the prescribed form, to the National Authority, and (ii) keep and maintain the prescribed documents in the State, at the person's place of business or at such other place as may be designated by the National Authority, in the prescribed manner and for the prescribed period and, on request by the National Authority, provide the documents to the National Authority.
Disclosure of information.
10.—(1) The National Authority may send a notice to any person who it believes on reasonable grounds has information or documents relevant to the enforcement of this Act, requesting the person to provide the information or document to it.
Privileged information and evidence.
11.—(1) Subject to this section, information and documents obtained pursuant to this Act or the Convention are privileged.
Regulations.
12.—(1) The Minister may make such regulations as he or she considers necessary or expedient for carrying out and giving effect to the provisions of this Act or the Convention and, without limiting the generality of the foregoing, may make regulations— (a) designating an authority to be the National Authority for the purposes of this Act in place of the National Authority for Occupational Safety and Health, (b) prescribing conditions under which activities referred to in section 4 may be carried on, providing for the issue, suspension and cancellation of licences governing the carrying on of any such activity, and prescribing the fees or the manner of calculating the fees to be paid in respect of any such licences, (c) prescribing the procedures to be followed by authorised officers performing their functions or exercising their powers under this Act, and (d) prescribing anything that by this Act is required or permitted to be prescribed.
Offences and penalties.
13.—(1) A person who contravenes or fails to comply with a provision of this Act shall be guilty of an offence and, where no other penalty is provided by this Act for the offence, shall be liable— (a) on summary conviction, to a fine not exceeding £1,500, or to imprisonment for a term not exceeding 12 months, or both, or (b) on conviction on indictment, to a fine not exceeding £100,000, or to imprisonment for a term not exceeding two years, or both.
Forfeiture.
14.—(1) Where a person has been convicted of an offence under this Act, any chemical weapon or other thing seized by means of or in respect of which the offence was committed is forfeited to the State and shall be disposed of as the Minister may direct.
Prosecution of summary offences.
15.—Proceedings in relation to a summary offence under this Act may be brought and prosecuted by the National Authority.
Expenses of Minister.
16.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
FIRST SCHEDULE Scheduled Toxic Chemicals and Precursors Sections 2
2-Chlorcethylchlorome (2625-76-5) Mustard gas: Bis (2-chloroethyl) sulfide (505-60-2) Bis (2-chloroethylthio) methane (63869-13-6) Sesquimustard: 1,2-Bis (2-chloroethylthio) ethane (3563-36-8) 1,3-Bis (2-chloroethylthio)-n-propane (63905-10-2) l,4-Bis (2-chloroethylthio)-n-butane (142868-93-7) 1,5-Bis (2-chloroethylthio)-n-pentane (142868-94-8) Bis (2-chloroethylthiomethyl) ether (63918-90-1) 0-Mustard: Bis (2-chloroethylthioethyl) ether (63918-89-8)
Lewisite 1: 2-Chlorovinyldichloroarsine (541-25-3) Lewisite 2: Bis (2-chlorovinyl) chloroarsine (40334-69-8) Lewisite 3: Tris (2-chlorovinyl) arsine (40334-70-1)
HN 1: Bis (2-chloroethyl) ethylamine (538-07-8) HN 2: Bis (2-chloroethyl) methylamine (51-75-2) HN 3: Tris (2-chloroethyl) amine (555-77-1)
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