Legalize / United Kingdom / Public General Act

Anti-terrorism, Crime and Security Act 2001

Type Public General Act

Publication 2001-12-14

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 10

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Part 1 — Terrorist Property

Certification: review

1

(1) Schedule 1 (which makes provision for enabling property which—

(a) is intended to be used for the purposes of terrorism,

(b) consists of resources of an organisation which is a proscribed organisation, or

to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff) is to have effect.

(2) The powers conferred by Schedule 1 are exercisable in relation to property whether or not any proceedings have been brought for an offence in connection with the property.

(3) Expressions used in this section have the same meaning as in Schedule 1.

(4) Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.

(5) An order under section 127 bringing Schedule 1 into force may make any modifications of any code of practice then in operation under Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) which the Secretary of State thinks necessary or expedient.

Weapons training for terrorists

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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) is amended as follows.

(5) In paragraph 1—

(a) in paragraph (a), for “section 24” substitute “ the terrorist cash provisions ”, and

(b) after paragraph (b) insert—

and “the terrorist cash provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

(6) In paragraphs 2, 3 and 6(1), at the end insert “or the terrorist cash provisions”.

(7) In paragraph 5, after “Act” insert “ or the terrorist cash provisions ”.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorist property: amendments

3

Schedule 2 contains amendments to the Terrorism Act 2000.

Part 2 — Freezing Orders

Orders

Power to make order

4

(1) The Treasury may make a freezing order if the following two conditions are satisfied.

(2) The first condition is that the Treasury reasonably believe that—

(a) action to the detriment of the United Kingdom’s economy (or part of it) has been or is likely to be taken by a person or persons, or

(b) action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.

(3) If one person is believed to have taken or to be likely to take the action the second condition is that the person is—

(a) the government of a country or territory outside the United Kingdom, or

(b) a resident of a country or territory outside the United Kingdom.

(4) If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection (3); and different persons may fall within different paragraphs.

Contents of order

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(1) A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order.

(2) The order must provide that these are the persons who are prohibited—

(a) all persons in the United Kingdom, and

(b) all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.

(3) The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available—

(a) the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section 4;

(b) any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons.

(4) A person may be specified under subsection (3) by—

(a) being named in the order, or

(b) falling within a description of persons set out in the order.

(5) The description must be such that a reasonable person would know whether he fell within it.

(6) Funds are financial assets and economic benefits of any kind.

Contents: further provisions

6

Schedule 3 contains further provisions about the contents of freezing orders.

Review of order

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The Treasury must keep a freezing order under review.

Duration of order

8

A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.

Interpretation

Nationals and residents

9

(1) A national of the United Kingdom is an individual who is—

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

(2) A resident of the United Kingdom is—

(a) an individual who is ordinarily resident in the United Kingdom,

(b) a body incorporated under the law of any part of the United Kingdom, or

(3) A resident of a country or territory outside the United Kingdom is—

(a) an individual who is ordinarily resident in such a country or territory, or

(b) a body incorporated under the law of such a country or territory.

(4) For the purposes of subsection (3)(b) a branch situated in a country or territory outside the United Kingdom of—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) a Scottish partnership,

is to be treated as a body incorporated under the law of the country or territory where the branch is situated.

(5) This section applies for the purposes of this Part.

Orders: procedure etc.

Procedure for making freezing orders

10

(1) A power to make a freezing order is exercisable by statutory instrument.

(2) A freezing order—

(a) must be laid before Parliament after being made;

(b) ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).

(3) The relevant period is a period of 28 days starting with the day on which the order is made.

(4) In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(5) If the Treasury propose to make a freezing order in the belief that the condition in section 4(2)(b) is satisfied, they must not make the order unless they consult the Secretary of State.

Procedure for making certain amending orders

11

(1) This section applies if—

(a) a freezing order is made specifying by description (rather than by name) the person or persons to whom or for whose benefit funds are not to be made available,

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name the person or persons (or any of the persons) to whom or for whose benefit funds are not to be made available, and

(c) the Treasury reasonably believe that the person or persons named fall within the description contained in the freezing order and the further order contains a statement of the Treasury’s belief.

(2) This section also applies if—

(a) a freezing order is made specifying by name the person or persons to whom or for whose benefit funds are not to be made available,

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name a further person or further persons to whom or for whose benefit funds are not to be made available, and

(c) the Treasury reasonably believe that the further person or persons fall within the same description as the person or persons specified in the freezing order and the further order contains a statement of the Treasury’s belief.

(3) This section also applies if—

(a) a freezing order is made, and

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify (whether by name or description) fewer persons to whom or for whose benefit funds are not to be made available.

(4) If this section applies, a statutory instrument containing the further order is subject to annulment in pursuance of a resolution of either House of Parliament.

Procedure for revoking orders

12

A statutory instrument containing an order revoking a freezing order (without re-enacting it) is subject to annulment in pursuance of a resolution of either House of Parliament.

De-hybridisation

13

If apart from this section an order under this Part would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Orders: supplementary

14

(1) Where this Part confers a power to make provision, different provision may be made for different purposes.

(2) An order under this Part may include supplementary, incidental, saving or transitional provisions.

(3) Nothing in this Part affects the generality of subsection (2).

Miscellaneous

The Crown

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(1) A freezing order binds the Crown, subject to the following provisions of this section.

(2) No contravention by the Crown of a provision of a freezing order makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Nothing in this section affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

Repeals

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(1) These provisions shall cease to have effect—

(a) section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) (Treasury’s power to prohibit action on certain orders as to gold etc);

(b) section 55 of the Finance Act 1968 (c. 44) (meaning of security in section 2 of 1964 Act).

(2) Subsection (1) does not affect a reference which—

(a) is to a provision referred to in that subsection, and

(b) is contained in a provision made under an Act.

Part 3 — Disclosure of Information

Extension of existing disclosure powers

17

(1) This section applies to the provisions listed in Schedule 4, so far as they authorise the disclosure of information.

(2) Each of the provisions to which this section applies shall have effect, in relation to the disclosure of information by or on behalf of a public authority, as if the purposes for which the disclosure of information is authorised by that provision included each of the following—

(a) the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b) the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3) The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this section applies.

(4) The Treasury shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(5) No disclosure of information shall be made by virtue of this section unless the public authority by which the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

(6) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

(7) The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.

Restriction on disclosure of information for overseas purposes

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(1) Subject to subsections (2) and (3), the Secretary of State may give a direction which—

(a) specifies any overseas proceedings or any description of overseas proceedings; and

(b) prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.

(2) In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure authorised by any of the provisions to which section 17 applies which—

(a) is made for a purpose mentioned in subsection (2)(a) to (d) of that section; and

(b) is a disclosure of any such information as is described in the direction.

(3) The Secretary of State shall not give a direction under this section unless it appears to him that the overseas proceedings in question, or that overseas proceedings of the description in question, relate or would relate—

(a) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of the United Kingdom, or of a particular part of the United Kingdom;

(b) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of a third country; or

(i) if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and

(ii) if (where one does not exist) a court or other authority with the necessary jurisdiction or functions existed in the United Kingdom, in the part of the United Kingdom in question or, as the case may be, in the third country in question.

(4) A direction under this section shall not have the effect of prohibiting—

(a) the making of any disclosure by a Minister of the Crown or by the Treasury; or

(b) the making of any disclosure in pursuance of an assimilated obligation.

(5) A direction under this section—

(a) may prohibit the making of disclosures absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in it; and

(b) must be published or otherwise issued by the Secretary of State in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it.

(6) A person who, knowing of any direction under this section, discloses any information in contravention of that direction shall be guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.

(7) The following are overseas proceedings for the purposes of this section—

(a) criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;

(b) a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.

(8) References in this section, in relation to any proceedings or investigation, to a third country are references to any country or territory outside the United Kingdom which is not the country or territory where the proceedings are taking place, or will or may take place or, as the case may be, is not the country or territory of the authority which is conducting the investigation, or which will or may conduct it.

(9) In this section “court” includes a tribunal of any description.

Disclosure of information held by revenue departments

19

(1) This section applies to information which is held by or on behalf of the Commissioners of Inland Revenue or by or on behalf of the Commissioners of Customs and Excise, including information obtained before the coming into force of this section.

(2) No obligation of secrecy imposed by statute or otherwise prevents the disclosure, in accordance with the following provisions of this section, of information to which this section applies if the disclosure is made—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(c) for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(d) for the purposes of the initiation or bringing to an end of any such investigation or proceedings; or

(e) for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3) No disclosure of information to which this section applies shall be made by virtue of this section unless the person by whom the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

(4) Information to which this section applies shall not be disclosed by virtue of this section except by the Commissioners by or on whose behalf it is held or with their authority.

(5) Information obtained by means of a disclosure authorised by subsection (2) shall not be further disclosed except—

(a) for a purpose mentioned in that subsection; and

(b) with the consent of the Commissioners by whom or with whose authority it was initially disclosed;

and information so obtained otherwise than by or on behalf of any of the intelligence services shall not be further disclosed (with or without such consent) to any of those services, or to any person acting on behalf of any of those services, except for a purpose mentioned in paragraphs (b) to (e) of that subsection.

(6) A consent for the purposes of subsection (5) may be given either in relation to a particular disclosure or in relation to disclosures made in such circumstances as may be specified or described in the consent.

(7) Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the data protection legislation .

(8) References in this section to information which is held on behalf of the Commissioners of Inland Revenue or of the Commissioners of Customs and Excise include references to information which—

(a) is held by a person who provides services to the Commissioners of Inland Revenue or, as the case may be, to the Commissioners of Customs and Excise; and

(b) is held by that person in connection with the provision of those services.

(9) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“intelligence service” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(10) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

Interpretation of Part 3

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(1) In this Part—

“criminal investigation” means an investigation of any criminal conduct, including an investigation of alleged or suspected criminal conduct and an investigation of whether criminal conduct has taken place;

“information” includes—documents; andin relation to a disclosure authorised by a provision to which section 17 applies, anything that falls to be treated as information for the purposes of that provision;

“public authority” has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42); and

“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (c. 30).

(2) Proceedings outside the United Kingdom shall not be taken to be criminal proceedings for the purposes of this Part unless the conduct with which the defendant in those proceedings is charged is criminal conduct or conduct which, to a substantial extent, consists of criminal conduct.

(3) In this section—

“conduct” includes acts, omissions and statements; and

“criminal conduct” means any conduct which—constitutes one or more criminal offences under the law of a part of the United Kingdom; oris, or corresponds to, conduct which, if it all took place in a particular part of the United Kingdom, would constitute one or more offences under the law of that part of the United Kingdom.

Part 4 — Immigration and Asylum

Suspected international terrorists

Suspected international terrorist: certification

21

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Deportation, removal, &c.

22

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Detention

23

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Bail

24

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Certification: appeal

25

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Certification: review

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Appeal and review: supplementary

27

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Review of sections 21 to 23

28

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Duration of sections 21 to 23

29

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Legal proceedings: derogation

30

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Interpretation

31

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Channel Islands and Isle of Man

32

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Refugee Convention

Certificate that Convention does not apply

33

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Construction

34

(1) Articles 1(F) and 33(2) of the Refugee Convention (exclusions: war criminals, national security, &c.) shall not be taken to require consideration of the gravity of—

(a) events or fear by virtue of which Article 1(A) would or might apply to a person if Article 1(F) did not apply, or

(b) a threat by reason of which Article 33(1) would or might apply to a person if Article 33(2) did not apply.

(2) In this section “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to the Convention.

Special Immigration Appeals Commission

Status of Commission

35

At the end of section 1 of the Special Immigration Appeals Commission Act 1997 (c. 68) insert—

(3) The Commission shall be a superior court of record. (4) A decision of the Commission shall be questioned in legal proceedings only in accordance with— (a) section 7, or (b) section 30(5)(a) of the Anti-terrorism, Crime and Security Act 2001 (derogation).

Fingerprints

Destruction of fingerprints

36

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Part 5 — Race and Religion

Meaning of racial hatred

37

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Meaning of fear and hatred

38

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Religiously aggravated offences

39

(1) Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).

(2) In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ”.

(3) In section 28 (meaning of racially aggravated)—

(a) in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”;

(b) in subsections (1) and (2) for “racial group” substitute “ racial or religious group ”;

(c) in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”

(4) In section 28 after subsection (4) insert—

(5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.

(5) In each of the provisions listed in subsection (6)—

(a) in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ”;

(b) in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”.

(6) The provisions are—

(a) section 29 (assaults);

(b) section 30 (criminal damage);

(d) section 32 (harassment etc.).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Racial hatred offences: penalties

40

In section 27(3) of the Public Order Act 1986 (c. 64) (penalties for racial hatred offences) for “two years” substitute “ seven years ”.

Hatred and fear offences: penalties

41

In Article 16(1) of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/ 463 (N.I. 7)) (penalties for offences involving stirring up hatred or arousing fear) for “2 years” substitute “ 7 years ”.

Saving

42

This Part does not apply to anything done before it comes into force.

Part 6 — Weapons of Mass Destruction

Amendment of the Biological Weapons Act 1974 and the Chemical Weapons Act 1996

Transfers of biological agents and toxins

43

In section 1 of the Biological Weapons Act 1974 (c. 6) (restriction on development etc. of certain biological agents and toxins and of biological weapons), after subsection (1) insert—

(1A) A person shall not— (a) transfer any biological agent or toxin to another person or enter into an agreement to do so, or (b) make arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so, if the biological agent or toxin is likely to be kept or used (whether by the transferee or any other person) otherwise than for prophylactic, protective or other peaceful purposes and he knows or has reason to believe that that is the case.

Extraterritorial application of biological weapons offences

44

After section 1 of the Biological Weapons Act 1974 insert—

(1A) (1) Section 1 applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person. (2) Proceedings for an offence committed under section 1 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom. (3) Her Majesty may by Order in Council extend the application of section 1, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony. (4) In this section “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom. (5) For this purpose a United Kingdom national is an individual who is— (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or (c) a British protected person within the meaning of that Act. (6) Nothing in this section affects any criminal liability arising otherwise than under this section.

Customs and Excise prosecutions for biological weapons offences

45

Before section 2 of the Biological Weapons Act 1974 (c. 6) insert—

(1B) (1) Proceedings for a biological weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved— (a) the development or production outside the United Kingdom of any thing mentioned in section 1(1)(a) or (b) above; (b) the movement of any such thing into or out of any country or territory; (c) any proposal or attempt to do anything falling within paragraph (a) or (b) above. (2) In this section “biological weapons offence” means an offence under section 1 of this Act or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence). (3) Any proceedings for an offence which are instituted under subsection (1) above shall be commenced in the name of an officer, but may be continued by another officer. (4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that a biological weapons offence has been committed, or (b) whether a person should be prosecuted for such an offence, that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979. (5) Nothing in this section affects any power of any person (including any officer) apart from this section. (6) In this section “officer” means a person commissioned by the Commissioners of Customs and Excise. (7) This section does not apply to the institution of proceedings in Scotland.

Customs and Excise prosecutions for chemical weapons offences

46

Before section 31 of the Chemical Weapons Act 1996 (c. 6) insert—

(30A) (1) Proceedings for a chemical weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved— (a) the development or production outside the United Kingdom of a chemical weapon; (b) the movement of a chemical weapon into or out of any country or territory; (c) any proposal or attempt to do anything falling within paragraph (a) or (b). (2) In this section “chemical weapons offence” means an offence under section 2 above or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence). (3) Any proceedings for an offence which are instituted under subsection (1) shall be commenced in the name of an officer, but may be continued by another officer. (4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that a chemical weapons offence has been committed, or (b) whether a person should be prosecuted for such an offence, that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979. (5) Nothing in this section affects any power of any person (including any officer) apart from this section. (6) In this section “officer” means a person commissioned by the Commissioners of Customs and Excise. (7) This section does not apply to the institution of proceedings in Scotland.

Nuclear weapons

Use etc. of nuclear weapons

47

(1) A person who—

(a) knowingly causes a nuclear weapon explosion;

(b) develops or produces, or participates in the development or production of, a nuclear weapon;

(d) participates in the transfer of a nuclear weapon; or

(e) engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon,

is guilty of an offence.

(2) Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49.

(3) For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which—

(a) facilitates the development by another of the capability to produce or use a nuclear weapon, or

(b) facilitates the making by another of a nuclear weapon,

knowing or having reason to believe that his act has (or will have) that effect.

(4) For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if—

(a) he buys or otherwise acquires it or agrees with another to do so;

(b) he sells or otherwise disposes of it or agrees with another to do so; or

(c) he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so.

(5) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6) In this section “nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon.

(7) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(8) Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection.

(9) Paragraph (a) of subsection (1) shall cease to have effect on the coming into force of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7).

Exceptions

48

(1) Nothing in section 47 applies—

(a) to an act which is authorised under subsection (2); or

(b) to an act done in the course of an armed conflict.

(2) The Secretary of State may—

(a) authorise any act which would otherwise contravene section 47 in such manner and on such terms as he thinks fit; and

(b) withdraw or vary any authorisation given under this subsection.

(3) Any question arising in proceedings for an offence under section 47 as to whether anything was done in the course of an armed conflict shall be determined by the Secretary of State.

(4) A certificate purporting to set out any such determination and to be signed by the Secretary of State shall be received in evidence in any such proceedings and shall be presumed to be so signed unless the contrary is shown.

Defences

49

(1) In proceedings for an offence under section 47(1)(c) or (d) relating to an object it is a defence for the accused to show that he did not know and had no reason to believe that the object was a nuclear weapon.

(2) But he shall be taken to have shown that fact if—

(a) sufficient evidence is adduced to raise an issue with respect to it; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(3) In proceedings for such an offence it is also a defence for the accused to show that he knew or believed that the object was a nuclear weapon but, as soon as reasonably practicable after he first knew or believed that fact, he took all reasonable steps to inform the Secretary of State or a constable of his knowledge or belief.

50

(1) A person who aids, abets, counsels or procures, or incites, a person who is not a United Kingdom person to do a relevant act outside the United Kingdom is guilty of an offence.

(2) For this purpose a relevant act is an act that, if done by a United Kingdom person, would contravene any of the following provisions—

(a) section 1 of the Biological Weapons Act 1974 (offences relating to biological agents and toxins);

(b) section 2 of the Chemical Weapons Act 1996 (offences relating to chemical weapons); or

(3) Nothing in this section applies to an act mentioned in subsection (1) which—

(a) relates to a relevant act which would contravene section 47; and

(b) is authorised by the Secretary of State;

and section 48(2) applies for the purpose of authorising acts that would otherwise constitute an offence under this section.

(4) A person accused of an offence under this section in relation to a relevant act which would contravene a provision mentioned in subsection (2) may raise any defence which would be open to a person accused of the corresponding offence ancillary to an offence under that provision.

(5) A person convicted of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(7) Nothing in this section prejudices any criminal liability existing apart from this section.

Supplemental provisions relating to sections 47 and 50

Extraterritorial application

51

(1) Proceedings for an offence committed under section 47 or 50 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom.

(2) Her Majesty may by Order in Council extend the application of section 47 or 50, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

Powers of entry

52

(1) If—

(a) a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 47 or 50 is to be found on any premises; or

(b) in Scotland the sheriff is satisfied by evidence on oath as mentioned in paragraph (a),

he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.

(2) The powers of a person who enters the premises under the authority of the warrant include power—

(a) to take with him such other persons and such equipment as appear to him to be necessary;

(b) to inspect, seize and retain any substance, equipment or document found on the premises;

(c) to require any document or other information which is held in electronic form and is accessible from the premises to be produced in a form—

(i) in which he can read and copy it; or

(ii) from which it can readily be produced in a form in which he can read and copy it;

(d) to copy any document which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50.

(3) A constable who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may—

(a) give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and

(b) search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50.

(4) No constable shall search a person of the opposite sex.

(5) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable.

(6) A person who—

(a) wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or

(b) fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power,

is guilty of an offence.

(7) A person guilty of an offence under subsection (6) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; and

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(8) In this section “authorised officer” means an authorised officer of the Secretary of State.

Customs and Excise prosecutions

53

(1) Proceedings for a nuclear weapons offence may be instituted by the Director of Public Prosecutions or by order of the Commissioners for Her Majesty’s Revenue and Customsif it appears to the Director or to the Commissioners that the offence has involved—

(a) the development or production outside the United Kingdom of a nuclear weapon;

(b) the movement of a nuclear weapon into or out of any country or territory;

(2) In this section “nuclear weapons offence” means an offence under section 47 or 50 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

(3) Any proceedings for an offence which are instituted by order of the Commissioners under subsection (1) shall be commenced in the name of an officer of Revenue and Customs , but may be continued by another officer.

(4) Where the Commissioners . . . investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that a nuclear weapons offence has been committed, or

(b) whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).

(5) Nothing in this section affects any powers of any person (including any officer) apart from this section.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This section does not apply to the institution of proceedings in Scotland.

Offences

54

(1) A person who knowingly or recklessly makes a false or misleading statement for the purpose of obtaining (or opposing the variation or withdrawal of) authorisation for the purposes of section 47 or 50 is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction, to a fine of an amount not exceeding the statutory maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(3) Where an offence under section 47, 50 or subsection (1) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate; or

(b) 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.

(4) In subsection (3) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

55

Proceedings for an offence under section 47 or 50 shall not be instituted—

(a) in England and Wales, except by or with the consent of the Attorney General;

(b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland .

Interpretation of Part 6

56

(1) In this Part “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom.

(2) For this purpose a United Kingdom national is an individual who is—

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

Extension of Part 6 to dependencies

Power to extend Part 6 to dependencies

57

Her Majesty may by Order in Council direct that any of the provisions of this Part shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands, the Isle of Man or to any British overseas territory.

Part 7 — Security of Pathogens and Toxins

Pathogens and toxins in relation to which requirements under Part 7 apply

58

(1) Schedule 5 (which lists the pathogens and toxins in relation to which the requirements of this Part apply) has effect.

(2) The Secretary of State may by order modify any provision of Schedule 5 (including the notes).

(3) The Secretary of State may not add any pathogen or toxin to that Schedule unless he is satisfied that the pathogen or toxin could be used in an act of terrorism to endanger life or cause serious harm to human health.

(4) In this Part “dangerous substance” means—

(a) anything which consists of or includes a substance for the time being mentioned in Schedule 5; or

(b) anything which is infected with or otherwise carries any such substance.

(5) But something otherwise falling within subsection (4) is not to be regarded as a dangerous substance if—

(a) it satisfies prescribed conditions; or

(b) it is kept or used in prescribed circumstances.

Duty to notify Secretary of State before keeping or using dangerous substances

59

(1) The occupier of any premises must give a notice to the Secretary of State before any dangerous substance is kept or used there.

(2) Subsection (1) does not apply to premises in respect of which a notice has previously been given under that subsection (unless it has been withdrawn).

(3) The occupier of any premises in respect of which a notice has been given may withdraw the notice if no dangerous substance is kept or used there.

(4) A notice under this section must—

(a) identify the premises in which the substance is kept or used;

(b) identify any building or site of which the premises form part; and

(5) The occupier of any premises in which any dangerous substance is kept or used on the day on which this section comes into force must give a notice under this section before the end of the period of one month beginning with that day.

(6) Where—

(a) a substance which is kept or used in any premises becomes a dangerous substance by virtue of a modification of Schedule 5, but

(b) no other dangerous substance is kept or used there,

the occupier of the premises must give a notice under this section before the end of the period of one month beginning with the day on which that modification comes into force.

Information about security of dangerous substances

60

(1) A constable may give to the occupier of any relevant premises a notice requiring him to give the chief officer of police such information as is specified or described in the notice by a time so specified and in a form and manner so specified.

(2) The required information must relate to—

(a) any dangerous substance kept or used in the premises; or

(b) the measures taken (whether by the occupier or any other person) to ensure the security of any such substance.

(3) In this Part references to measures taken to ensure the security of any dangerous substance kept or used in any relevant premises include—

(a) measures taken to ensure the security of any building or site of which the premises form part; and

(b) measures taken for the purpose of ensuring access to the substance is given only to those whose activities require access and only in circumstances that ensure the security of the substance.

(4) In this Part “relevant premises” means any premises—

(a) in which any dangerous substance is kept or used, or

(b) in respect of which a notice under section 59 is in force.

Information about persons with access to dangerous substances

61

(1) A police officer of at least the rank of inspector may give to the occupier of any relevant premises a notice requiring him to give the chief officer of police a list of—

(a) each person who has access to any dangerous substance kept or used there;

(b) each person who, in such circumstances as are specified or described in the notice, has access to such part of the premises as is so specified or described;

(d) each person who, in such circumstances as are specified or described in the notice, has access to any building or site of which the premises form part.

(2) A list under subsection (1) must be given before the end of the period of one month beginning with the day on which the notice is given.

(3) Where a list under subsection (1) is given, the occupier of the premises for the time being—

(a) must secure that only the persons mentioned in the list are given the access identified in the list relating to them; but

(b) may give a supplementary list to the chief officer of police of other persons to whom it is proposed to give access.

(4) Where a supplementary list is given under subsection (3)(b), the occupier of the premises for the time being must secure that persons mentioned in that list do not have the proposed access relating to them until the end of the period of 30 days beginning with the day on which that list is given.

(5) The chief officer of police may direct that a person may have such access before the end of that period.

(6) The Secretary of State may by order modify the period mentioned in subsection (4).

(7) Any list under this section must—

(a) identify the access which the person has, or is proposed to have;

(b) state the full name of that person, his date of birth, his address and his nationality; and

Directions requiring security measures

62

(1) A constable may give directions to the occupier of any relevant premises requiring him to take such measures to ensure the security of any dangerous substance kept or used there as are specified or described in the directions by a time so specified.

(2) The directions may—

(a) specify or describe the substances in relation to the security of which the measures relate; and

(b) require the occupier to give a notice to the chief officer of police before any other dangerous substance specified or described in the directions is kept or used in the premises.

Directions requiring disposal of dangerous substances

63

(1) Where the Secretary of State has reasonable grounds for believing that adequate measures to ensure the security of any dangerous substance kept or used in any relevant premises are not being taken and are unlikely to be taken, he may give a direction to the occupier of the premises requiring him to dispose of the substance.

(2) The direction must—

(a) specify the manner in which, and time by which, the dangerous substance must be disposed of; or

(b) require the occupier to produce the dangerous substance to a person specified or described in the notice in a manner and by a time so specified for him to dispose of.

Directions requiring denial of access

64

(1) The Secretary of State may give directions to the occupier of any relevant premises requiring him to secure that the person identified in the directions—

(a) is not to have access to any dangerous substance kept or used there;

(b) is not to have, in such circumstances (if any) as may be specified or described in the directions, access to such part of the premises as is so specified or described;

(c) is not to have, in such circumstances (if any) as may be specified or described in the directions, access to the premises; or

(d) is not to have, in such circumstances (if any) as may be specified or described in the directions, access to any building or site of which the premises form part.

(2) The directions must be given under the hand of the Secretary of State.

(3) The Secretary of State may not give the directions unless he believes that they are necessary in the interests of national security.

Powers of entry

65

(1) A constable may, on giving notice under this section, enter any relevant premises, or any building or site of which the premises form part, at a reasonable time for the purpose of assessing the measures taken to ensure the security of any dangerous substance kept or used in the premises.

(2) The notice must be given to the occupier of the premises, or (as the case may be) the occupier of the building or site of which the premises form part, at least 2 working days before the proposed entry.

(3) The notice must set out the purpose mentioned in subsection (1).

(4) A constable who has entered any premises, building or site by virtue of subsection (1) may for the purpose mentioned in that subsection—

(a) search the premises, building or site;

(b) require any person who appears to the constable to be in charge of the premises, building or site to facilitate any such inspection; and

(5) The powers of a constable under this section include power to take with him such other persons as appear to him to be necessary.

Search warrants

66

(1) If, in England and Wales or Northern Ireland, on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a) that a dangerous substance is kept or used in any premises but that no notice under section 59 is in force in respect of the premises, or

(b) that the occupier of any relevant premises is failing to comply with any direction given to him under section 62 or 63,

and that any of the conditions mentioned in subsection (4) apply, he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them.

(2) If, in Scotland, on an application made by the procurator fiscal the sheriff is satisfied as mentioned in subsection (1), he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them.

(3) A constable may seize and retain anything which he believes is or contains a dangerous substance.

(4) The conditions mentioned in subsection (1) are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to any substance which may be a dangerous substance;

(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

Offences

67

(1) An occupier who fails without reasonable excuse to comply with any duty or direction imposed on him by or under this Part is guilty of an offence.

(2) A person who, in giving any information to a person exercising functions under this Part, knowingly or recklessly makes a statement which is false or misleading in a material particular is guilty of an offence.

(3) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both); and

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

Bodies corporate

68

(1) If an offence under this Part committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any officer, or

(b) any other employee of the body corporate who is in charge of any relevant premises or the access to any dangerous substance kept or used there,

he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In this section “officer”, in relation to a body corporate, means—

(a) any director, manager, secretary or other similar officer of the body corporate; or

(b) any person purporting to act in any such capacity.

(3) Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Partnerships and unincorporated associations

69

(1) Proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of any of its members).

(2) A fine imposed on the partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association.

(3) Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate.

(4) In proceedings for an offence brought against the partnership or association—

(a) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate;

(b) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (procedure) apply as they do in relation to a body corporate;

(c) section 18 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure) apply as they do in relation to a body corporate.

(5) If an offence under this Part committed by a partnership is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a partner or a person purporting to act as a partner, or

(b) any employee of the partnership who is in charge of any relevant premises or the access to any dangerous substance kept or used there,

he, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) If an offence under this Part committed by an unincorporated association is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) any officer, or

(b) any employee of the association who is in charge of any relevant premises or the access to any dangerous substance kept or used there,

he, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) In subsection (6) “officer”, in relation to any association, means—

(a) any officer of the association or any member of its governing body; or

(b) any person purporting to act in such a capacity.

Denial of access: appeals

70

(1) There shall be a commission, to be known as the Pathogens Access Appeal Commission.

(2) Any person aggrieved by directions given under section 64 may appeal to the Commission.

(3) The Commission must allow an appeal if it considers that the decision to give the directions was flawed when considered in the light of the principles applicable on an application for judicial review.

(4) A party to any appeal under this section which the Commission has determined may bring a further appeal on a question of law to—

(a) the Court of Appeal, if the first appeal was heard in England and Wales;

(b) the Court of Session, if the first appeal was heard in Scotland; or

(5) An appeal under subsection (4) may be brought only with the permission of—

(a) the Commission; or

(b) where the Commission refuses permission, the court to which the appeal would be brought.

(6) Schedule 6 (constitution of the Commission and procedure) has effect.

Other appeals

71

(1) Any person who is required to do any act in response to—

(a) any notice under section 60, or

(b) any directions under section 62 or 63,

may appeal to a magistrates’ court against the requirement on the ground that, having regard to all the circumstances of the case, it is unreasonable to be required to do that act.

(2) An appeal may not be brought after the end of the period of one month beginning with the day on which the notice or directions were given.

(3) If the magistrates’ court allows the appeal, it may—

(a) direct that the required act need not be done; or

(b) make such modification of the requirement as it considers appropriate.

(4) An appeal shall lie to the Crown Court against any decision of the magistrates’ court.

(5) Subsections (1) to (3) apply to Scotland with the substitution for references to the magistrates’ court of references to the sheriff.

(6) The appeal to the sheriff is by way of summary application.

(7) A further appeal shall lie—

(a) to the sheriff principal from the decision of the sheriff; and

(b) with the leave of the sheriff principal, to the Court of Session from the decision of the sheriff principal.

(8) In the application of this section to Northern Ireland references to a magistrates’ court are to a court of summary jurisdiction.

Giving of directions or notices

72

Any direction or notice under this Part may be given by post.

Orders and regulations

73

(1) The power to make an order or regulations under this Part is exercisable by statutory instrument.

(2) A statutory instrument containing an order under section 58 shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

(3) A statutory instrument containing—

(a) an order under section 61, or

(b) regulations under section 58, 59 or 61,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation of Part 7

74

(1) In this Part—

“act of terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11);

“chief officer of police” means—in relation to any premises in England and Wales , the chief officer of police for the area in which the premises are situated; andin relation to any premises in Scotland, the chief constable of the Police Service of Scotland; andin relation to any premises in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland;

“dangerous substance” has the meaning given in section 58;

“direction” means a direction in writing;

“notice” means a notice in writing;

“occupier” includes a partnership or unincorporated association and, in relation to premises that are unoccupied, means any person entitled to occupy the premises;

“prescribed” means prescribed in regulations made by the Secretary of State; and

“relevant premises” has the meaning given in section 60.

(2) In this Part references to measures taken to ensure the security of any dangerous substance are to be construed in accordance with section 60.

Power to extend Part 7 to animal or plant pathogens, pests or toxic chemicals

75

(1) The Secretary of State may, in relation to anything to which this section applies, make an order applying, or making provision corresponding to, any provision of this Part, with or without modifications.

(2) This section applies to—

(a) toxic chemicals (within the meaning of the Chemical Weapons Act 1996 (c. 6));

(b) animal pathogens;

(d) pests.

(3) The power under this section may be exercised in relation to any chemical only if the Secretary of State is satisfied that the chemical could be used in an act of terrorism to endanger life or cause serious harm to human health.

(4) The power under this section may be exercised in relation to any pathogen or pest only if the Secretary of State is satisfied that there is a risk that the pathogen or pest is of a description that could be used in an act of terrorism to cause—

(a) widespread damage to property;

(b) significant disruption to the public; or

(5) An order under this section may—

(a) provide for any reference in the order to an instrument or other document to take effect as a reference to that instrument or document as revised or re-issued from time to time;

(b) make different provision for different purposes; and

(6) A statutory instrument containing an order under this section shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

Part 8 — Security of Nuclear Industry

Atomic Energy Authority special constables

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulation of security of civil nuclear industry

77

(1) The Secretary of State may make regulations for the purpose of ensuring the security of—

(a) nuclear sites and other nuclear premises;

(b) nuclear material used or stored on nuclear sites or other nuclear premises and equipment or software used or stored on such sites or premises in connection with activities involving nuclear material;

(c) other radioactive material used or stored on nuclear sites and equipment or software used or stored on nuclear sites in connection with activities involving other radioactive material;

(cza) nuclear construction sites and equipment used or stored on such sites;

(ca) equipment or software in the United Kingdom which—

(i) is capable of being used in, or in connection with, the enrichment of uranium; and

(ii) is in the possession or control of a person involved in uranium enrichment activities;

(d) sensitive nuclear information which is in the possession or control in the United Kingdom of—

(i) a person who is involved in activities on or in relation to a nuclear site or nuclear premises or who is proposing or likely to become so involved;

(ii) a person involved in uranium enrichment activities; or

(iii) a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);

(e) nuclear material which is being (or is expected to be)—

(i) transported within the United Kingdom or its territorial sea;

(ii) transported (outside the United Kingdom and its territorial sea) to or from any nuclear site or other nuclear premises in the United Kingdom; or

(iii) carried on board a United Kingdom ship;

(f) information relating to the security of anything mentioned in paragraphs (a) to (e).

(2) The regulations may, in particular—

(a) require a person to produce for the approval of the Secretary of State a plan for ensuring the security of anything mentioned in subsection (1) and to comply with the plan as approved by the Secretary of State;

(b) require compliance with any directions given by the Secretary of State;

(d) create summary offences or offences triable either way;

(e) make provision for the purposes mentioned in subsection (1) corresponding to any provision which may be made for the general purposes of Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 15(2), (3)(c) and (4) to (8) of that Act (health and safety regulations);

(f) make provision corresponding to any provision which may be made by virtue of section 43(2) to (5), (8) and (9) of that Act (fees), in connection with the performance by or on behalf of the Secretary of State or any other specified body or person of functions under the regulations; and

(g) apply (with or without modifications), or make provision corresponding to, any provision contained in sections 19 to 42 and 44 to 47 of that Act.

(3) An offence under the regulations may be made punishable—

(a) in the case of an offence triable either way—

(i) on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both); and

(ii) on summary conviction, with imprisonment for a term not exceeding 12 months (in ... or Scotland) or the general limit in a magistrates’ court (in England and Wales) or 6 months (in Northern Ireland), or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland and Northern Ireland), or both; or

(b) in the case of a summary offence, with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).

(3A) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (3)(a)(ii), as it has effect in England and Wales, is to be read as a reference to 6 months.

(4) The regulations may make—

(a) provision applying to acts done outside the United Kingdom by United Kingdom persons;

(b) different provision for different purposes; and

(5) Before making the regulations the Secretary of State shall consult—

(a) the Office for Nuclear Regulation ; and

(b) such other persons as he considers appropriate.

(6) The power to make the regulations is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(6A) References in this section to a person involved in uranium enrichment activities are references to a person who is or is proposing to become involved in any of the following activities (whether in the United Kingdom or elsewhere)—

(a) the enrichment of uranium;

(b) activities carried on with a view to, or in connection with, the enrichment of uranium;

(c) the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or

(d) activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c).

(7) In this section—

“enrichment of uranium” means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium;

“equipment” includes equipment that has not been assembled and its components;

“nuclear construction site” means a site—on which works are being carried out with a view to its becoming a nuclear site used wholly or mainly for purposes other than defence purposes; andwhich is situated within 5 kilometres of an existing nuclear site.

“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;

“nuclear site” means a licensed nuclear site within the meaning of that Chapter;

“other nuclear premises” means premises other than a nuclear site on which nuclear material is used or stored;

“sensitive nuclear information” means—information relating to, or capable of use in connection with, the enrichment of uranium; orinformation relating to activities carried out on or in relation to nuclear sites or other nuclear premises which appears to the Secretary of State to be information which needs to be protected in the interests of national security;

“United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21)

(8) Any sums received by virtue of provision made under subsection (2)(f) shall be paid into the Consolidated Fund.

Repeals relating to security of civil nuclear installations

78

(1) In Schedule 1 to the Nuclear Installations Act 1965 (c. 57) (security provisions applicable by order under section 2 of that Act), paragraphs 5 and 6 shall cease to have effect.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prohibition of disclosures relating to nuclear security

79

(1) A person is guilty of an offence if he discloses any information or thing the disclosure of which might prejudice the security of any nuclear site or of any nuclear material—

(a) with the intention of prejudicing that security; or

(b) being reckless as to whether the disclosure might prejudice that security.

(2) The reference in subsection (1) to nuclear material is a reference to—

(a) nuclear material which is being held on any nuclear site, or

(b) nuclear material anywhere in the world which is being transported to or from a nuclear site or carried on board a British ship,

(including nuclear material which is expected to be so held, transported or carried).

(3) A person guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both); and

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

(4) In this section—

“British ship” means a ship (including a ship belonging to Her Majesty) which is registered in the United Kingdom;

“disclose” and “disclosure”, in relation to a thing, include parting with possession of it;

“nuclear material” has the same meaning as in Chapter 3 of Part 1 of the Energy Act 2004;

“nuclear site” means a site in the United Kingdom (including a site occupied by or on behalf of the Crown) which is (or is expected to be) used for any purpose mentioned in section 1(1) of the Nuclear Installations Act 1965 (c. 57).

(5) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(6) Proceedings for an offence committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.

(7) Nothing in subsection (5) affects any criminal liability arising otherwise than under that subsection.

Prohibition of disclosures of uranium enrichment technology

80

(1) This section applies to—

(a) any information about the enrichment of uranium; or

(b) any information or thing which is, or is likely to be, used in connection with the enrichment of uranium;

and for this purpose “the enrichment of uranium” means any treatment of uranium that increases the proportion of the isotope 235 contained in the uranium.

(2) The Secretary of State may make regulations prohibiting the disclosure of information or things to which this section applies.

(3) A person who contravenes a prohibition is guilty of an offence and liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both); and

(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

(4) The regulations may, in particular, provide for—

(a) a prohibition to apply, or not to apply—

(i) to such information or things; and

(ii) in such cases or circumstances,

as may be prescribed;

(b) the authorisation by the Secretary of State or the Office for Nuclear Regulation of disclosures that would otherwise be prohibited; and

(5) The regulations may—

(a) provide for any prohibition to apply to acts done outside the United Kingdom by United Kingdom persons;

(b) make different provision for different purposes; and

(6) The power to make the regulations is exercisable by statutory instrument.

(7) The regulations shall not be made unless a draft of the regulations has been laid before and approved by each House of Parliament.

(7A) The Secretary of State must consult the Office for Nuclear Regulation before laying a draft of the regulations, unless they give effect, without modification, to any proposals for them submitted by the Office for Nuclear Regulation under section 81(1)(a)(v) of the Energy Act 2013.

(8) In this section—

“disclosure”, in relation to a thing, includes parting with possession of it;

“information” includes software; and

“prescribed” means specified or described in the regulations.

Part 8: supplementary

81

(1) Proceedings for an offence under section 79 or 80 shall not be instituted—

(a) in England and Wales, except by or with the consent of the Attorney General; or

(b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland .

(2) In this Part “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom.

(3) For this purpose a United Kingdom national is an individual who is—

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

Part 9 — Aviation Security

Arrest without warrant

82

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed—

(a) an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in restricted zone or on aircraft);

(b) an offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome),

he may arrest that person without warrant.

(3A) Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed an offence of contravening a provision of an Order in Council made under section 60 of the Civil Aviation Act 1982 (Air Navigation Orders) and the offence relates to—

(a) a provision which prohibits specified behaviour by a person in an aircraft towards a member of the crew of the aircraft,

(b) a provision which prohibits a person from being drunk in an aircraft, in so far as the provision applies to passengers, or

(c) a provision which prohibits specified behaviour by a person, being behaviour which is likely to endanger an aircraft, or a person in an aircraft,

the constable may arrest that person without warrant.

(4) This section shall have effect in relation to an offence committed or alleged to have been committed after the end of the period of two months beginning with the day on which this Act is passed.

Trespass on aerodrome: penalty

83

(1) In section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome) for “level 1 on the standard scale” substitute “ level 3 on the standard scale ”.

(2) This section shall have effect in relation to an offence committed after the end of the period of two months beginning with the day on which this Act is passed.

Removal of intruder

84

(1) At the end of section 21C of the Aviation Security Act 1982 (unauthorised presence in aerodrome) add—

(4) A constable, the manager of an aerodrome or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above.

(2) At the end of section 21D of that Act (unauthorised presence on aircraft) add—

(3) A constable, the operator of an aircraft or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above.

Aviation security services

85

After section 20 of the Aviation Security Act 1982 (c. 36) (security directions: inspection) insert—

(20A) (1) In this section “aviation security service” means a process or activity carried out for the purpose of— (a) complying with a requirement of a direction under any of sections 12 to 14, or (b) facilitating a person’s compliance with a requirement of a direction under any of those sections. (2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular aviation security service. (3) The regulations may— (a) prohibit the provision of an aviation security service by a person who is not listed in respect of that service; (b) prohibit the use or engagement for the provision of an aviation security service of a person who is not listed in respect of that service; (c) create a criminal offence; (d) make provision about application for inclusion in the list (including provision about fees); (e) make provision about the duration and renewal of entries on the list (including provision about fees); (f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess; (g) make provision about removal from the list which shall include provision for appeal; (h) make provision about the inspection of activities carried out by listed persons; (i) confer functions on the Secretary of State or on a specified person; (j) confer jurisdiction on a court. (4) Regulations under subsection (3)(c)— (a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum, (b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and (c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person. (5) A direction under any of sections 12 to 14 may— (a) include a requirement to use a listed person for the provision of an aviation security service; (b) provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides an aviation security service. (6) Regulations under this section— (a) may make different provision for different cases, (b) may include incidental, supplemental or transitional provision, (c) shall be made by the Secretary of State by statutory instrument, (d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and (e) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Detention of aircraft

86

(1) After section 20A of the Aviation Security Act 1982 (c. 36) (aviation security services) (inserted by section 85)) insert—

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