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3 | Application of ss. 1 and 2 to internet activity etc. |
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(1) | This section applies for the purposes of sections 1 and 2 in relation to cases |
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(a) | a statement is published or caused to be published in the course of the |
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provision or use of a service provided electronically; or |
| 5 |
(b) | conduct falling within section 2(1)(a) to (f) was in the course of, or in |
| |
connection with, the provision or use of such a service. |
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(2) | The cases in which the statement, or the article or record to which the conduct |
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relates, is to be regarded as having the endorsement of a person (“the relevant |
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person”) at any time include a case in which— |
| 10 |
(a) | a constable has given him a notice under subsection (3); |
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(b) | that time falls more than 2 days after the day on which the notice was |
| |
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(c) | the relevant person has failed, without reasonable excuse, to comply |
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(3) | A notice under this subsection is a notice which— |
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(a) | declares that, in the opinion of the constable giving it, the statement or |
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the article or record is unlawfully terrorism-related; |
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(b) | requires the relevant person to secure that the statement or the article |
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or record, so far as it is so related, is not available to the public or is |
| 20 |
modified so as no longer to be so related; |
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(c) | warns the relevant person that a failure to comply with the notice |
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within 2 days will result in the statement, or the article or record, being |
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regarded as having his endorsement; and |
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(d) | explains how, under subsection (4), he may become liable by virtue of |
| 25 |
the notice if the statement, or the article or record, becomes available to |
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the public after he has complied with the notice. |
| |
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(a) | a notice under subsection (3) has been given to the relevant person in |
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respect of a statement, or an article or record, and he has complied with |
| 30 |
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(b) | he subsequently publishes or causes to be published a statement which |
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is, or is for all practical purposes, the same or to the same effect as the |
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statement to which the notice related, or to matter contained in the |
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article or record to which it related, (a “repeat statement”); |
| 35 |
| the requirements of subsection (2)(a) to (c) shall be regarded as satisfied in the |
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case of the repeat statement in relation to the times of its subsequent |
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publication by the relevant person. |
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(5) | In proceedings against a person for an offence under section 1 or 2 the |
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requirements of subsection (2)(a) to (c) are not, in his case, to be regarded as |
| 40 |
satisfied in relation to any time by virtue of subsection (4) if he shows that he— |
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(a) | has, before that time, taken every step he reasonably could to prevent a |
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repeat statement from becoming available to the public and to ascertain |
| |
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(b) | was, at that time, a person to whom subsection (6) applied. |
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(6) | This subsection applies to a person at any time when he— |
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(a) | is not aware of the publication of the repeat statement; or |
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|
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|
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|
(b) | having become aware of its publication, has taken every step that he |
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reasonably could to secure that it either ceased to be available to the |
| |
public or was modified as mentioned in subsection (3)(b). |
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(7) | For the purposes of this section a statement or an article or record is unlawfully |
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terrorism-related if it constitutes, or if matter contained in the article or record |
| 5 |
| |
(a) | something that is capable of being understood as a direct or indirect |
| |
encouragement or other inducement to the commission, preparation or |
| |
instigation of acts of terrorism or Convention offences; or |
| |
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(i) | is capable of being useful in the commission or preparation of |
| |
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(ii) | is in a form or context in which it is capable of being understood |
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as being wholly or mainly for the purpose of being so useful. |
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(8) | The reference in subsection (7) to something that is capable of being |
| 15 |
understood as an indirect encouragement to the commission or preparation of |
| |
acts of terrorism or Convention offences includes anything which is capable of |
| |
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(a) | the glorification of the commission or preparation (whether in the past, |
| |
in the future or generally) of such acts or such offences; and |
| 20 |
(b) | a suggestion that what is being glorified is being glorified as conduct |
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that should be emulated in existing circumstances. |
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4 | Giving of notices under s. 3 |
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(1) | Except in a case to which any of subsections (2) to (4) applies, a notice under |
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section 3(3) may be given to a person only— |
| 25 |
(a) | by delivering it to him in person; or |
| |
(b) | by sending it to him, by means of a postal service providing for delivery |
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to be recorded, at his last known address. |
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(2) | Such a notice may be given to a body corporate only— |
| |
(a) | by delivering it to the secretary of that body in person; or |
| 30 |
(b) | by sending it to the appropriate person, by means of a postal service |
| |
providing for delivery to be recorded, at the address of the registered |
| |
or principal office of the body. |
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(3) | Such a notice may be given to a firm only— |
| |
(a) | by delivering it to a partner of the firm in person; |
| 35 |
(b) | by so delivering it to a person having the control or management of the |
| |
| |
(c) | by sending it to the appropriate person, by means of a postal service |
| |
providing for delivery to be recorded, at the address of the principal |
| |
office of the partnership. |
| 40 |
(4) | Such a notice may be give to an unincorporated body or association only— |
| |
(a) | by delivering it to a member of its governing body in person; or |
| |
(b) | by sending it to the appropriate person, by means of a postal service |
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providing for delivery to be recorded, at the address of the principal |
| |
office of the body or association. |
| 45 |
| |
|
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|
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|
(a) | a company registered outside the United Kingdom, |
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(b) | a firm carrying on business outside the United Kingdom, or |
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(c) | an unincorporated body or association with offices outside the United |
| |
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| the references in this section to its principal office include references to its |
| 5 |
principal office within the United Kingdom (if any). |
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(6) | In this section “the appropriate person” means— |
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(a) | in the case of a body corporate, the body itself or its secretary; |
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(b) | in the case of a firm, the firm itself or a partner of the firm or a person |
| |
having the control or management of the partnership business; and |
| 10 |
(c) | in the case of an unincorporated body or association, the body or |
| |
association itself or a member of its governing body. |
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(7) | For the purposes of section 3 the time at which a notice under subsection (3) of |
| |
that section is to be regarded as given is— |
| |
(a) | where it is delivered to a person, the time at which it is so delivered; |
| 15 |
| |
(b) | where it is sent by a postal service providing for delivery to be |
| |
recorded, the time recorded as the time of its delivery. |
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(8) | In this section “secretary”, in relation to a body corporate, means the secretary |
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or other equivalent officer of the body. |
| 20 |
Preparation of terrorist acts and terrorist training |
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5 | Preparation of terrorist acts |
| |
(1) | A person commits an offence if, with the intention of— |
| |
(a) | committing acts of terrorism, or |
| |
(b) | assisting another to commit such acts, |
| 25 |
| he engages in any conduct in preparation for giving effect to his intention. |
| |
(2) | It is irrelevant for the purposes of subsection (1) whether the intention and |
| |
preparations relate to one or more particular acts of terrorism, acts of terrorism |
| |
of a particular description or acts of terrorism generally. |
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(3) | A person guilty of an offence under this section shall be liable, on conviction |
| 30 |
on indictment, to imprisonment for life. |
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(1) | A person commits an offence if— |
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(a) | he provides instruction or training in any of the skills mentioned in |
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(b) | at the time he provides the instruction or training, he knows or suspects |
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that a person receiving it intends to use the skills in which he is being |
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(i) | for or in connection with the commission or preparation of acts |
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of terrorism or Convention offences; or |
| 40 |
(ii) | for assisting the commission or preparation by others of such |
| |
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(2) | A person commits an offence if— |
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|
| |
|
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|
(a) | he receives instruction or training in any of the skills mentioned in |
| |
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(b) | at the time of the instruction or training, he intends to use the skills in |
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which he is being instructed or trained— |
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(i) | for or in connection with the commission or preparation of acts |
| 5 |
of terrorism or Convention offences; or |
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(ii) | for assisting the commission or preparation by others of such |
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(a) | the making, handling or use of a noxious substance, or of substances of |
| 10 |
a description of such substances; |
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(b) | the use of any method or technique for doing anything else that is |
| |
capable of being done for the purposes of terrorism, in connection with |
| |
the commission or preparation of an act of terrorism or Convention |
| |
offence or in connection with assisting the commission or preparation |
| 15 |
by another of such an act or offence; and |
| |
(c) | the design or adaptation for the purposes of terrorism, or in connection |
| |
with the commission or preparation of an act of terrorism or |
| |
Convention offence, of any method or technique for doing anything. |
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(4) | It is irrelevant for the purposes of subsections (1) and (2)— |
| 20 |
(a) | whether any instruction or training that is provided is provided to one |
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or more particular persons or generally; |
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(b) | whether the acts or offences in relation to which a person intends to use |
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skills in which he is instructed or trained consist of one or more |
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particular acts of terrorism or Convention offences, acts of terrorism or |
| 25 |
Convention offences of a particular description or acts of terrorism or |
| |
Convention offences generally; and |
| |
(c) | whether assistance that a person intends to provide to others is |
| |
intended to be provided to one or more particular persons or to one or |
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more persons whose identities are not yet known. |
| 30 |
(5) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
10 years or to a fine, or to both; |
| |
(b) | on summary conviction in England and Wales, to imprisonment for a |
| |
term not exceeding 12 months or to a fine not exceeding the statutory |
| 35 |
| |
(c) | on summary conviction in Scotland or Northern Ireland, to |
| |
imprisonment for a term not exceeding 6 months or to a fine not |
| |
exceeding the statutory maximum, or to both. |
| |
(6) | In relation to an offence committed before the commencement of section 154(1) |
| 40 |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(b) to 12 |
| |
months is to be read as a reference to 6 months. |
| |
| |
“noxious substance” means— |
| |
(a) | a dangerous substance within the meaning of Part 7 of the Anti- |
| 45 |
terrorism, Crime and Security Act 2001 (c. 24); or |
| |
(b) | any other substance which is hazardous or noxious or which |
| |
may be or become hazardous or noxious only in certain |
| |
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|
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|
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|
“substance” includes any natural or artificial substance (whatever its |
| |
origin or method of production and whether in solid or liquid form or |
| |
in the form of a gas or vapour) and any mixture of substances. |
| |
7 | Powers of forfeiture in respect of offences under s. 6 |
| |
(1) | A court before which a person is convicted of an offence under section 6 may |
| 5 |
order the forfeiture of anything the court considers to have been in the person’s |
| |
possession for purposes connected with the offence. |
| |
(2) | Before making an order under subsection (1) in relation to anything the court |
| |
must give an opportunity of being heard to any person (in addition to the |
| |
convicted person) who claims to be the owner of that thing or otherwise to |
| 10 |
| |
(3) | An order under subsection (1) may not be made so as to come into force at any |
| |
time before there is no further possibility (disregarding any power to grant |
| |
permission for the bringing of an appeal out of time) of the order’s being varied |
| |
| 15 |
(4) | Where a court makes an order under subsection (1), it may also make such |
| |
other provision as appears to it to be necessary for giving effect to the |
| |
| |
(5) | That provision may include, in particular, provision relating to the retention, |
| |
handling, destruction or other disposal of what is forfeited. |
| 20 |
(6) | Provision made by virtue of this section may be varied at any time by the court |
| |
| |
8 | Attendance at a place used for terrorist training |
| |
(1) | A person commits an offence if— |
| |
(a) | he attends at any place, whether in the United Kingdom or elsewhere; |
| 25 |
(b) | while he is at that place, instruction or training of the type mentioned |
| |
in section 6(1) of this Act or section 54(1) of the Terrorism Act 2000 |
| |
(c. 11) (weapons training) is provided there; |
| |
(c) | that instruction or training is provided there wholly or partly for |
| |
purposes connected with the commission or preparation of acts of |
| 30 |
terrorism or Convention offences; and |
| |
(d) | the requirements of subsection (2) are satisfied in relation to that |
| |
| |
(2) | The requirements of this subsection are satisfied in relation to a person if— |
| |
(a) | he knows or believes that instruction or training is being provided there |
| 35 |
wholly or partly for purposes connected with the commission or |
| |
preparation of acts of terrorism or Convention offences; or |
| |
(b) | a person attending at that place throughout the period of that person’s |
| |
attendance could not reasonably have failed to understand that |
| |
instruction or training was being provided there wholly or partly for |
| 40 |
| |
(3) | It is immaterial for the purposes of this section— |
| |
(a) | whether the person concerned receives the instruction or training |
| |
| |
|
| |
|
| |
|
(b) | whether the instruction or training is provided for purposes connected |
| |
with one or more particular acts of terrorism or Convention offences, |
| |
acts of terrorism or Convention offences of a particular description or |
| |
acts of terrorism or Convention offences generally. |
| |
(4) | A person guilty of an offence under this section shall be liable— |
| 5 |
(a) | on conviction on indictment, to imprisonment for a term not exceeding |
| |
10 years or to a fine, or to both; |
| |
(b) | on summary conviction in England and Wales, to imprisonment for a |
| |
term not exceeding 12 months or to a fine not exceeding the statutory |
| |
| 10 |
(c) | on summary conviction in Scotland or Northern Ireland, to |
| |
imprisonment for a term not exceeding 6 months or to a fine not |
| |
exceeding the statutory maximum, or to both. |
| |
(5) | In relation to an offence committed before the commencement of section 154(1) |
| |
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (4)(b) to 12 |
| 15 |
months is to be read as a reference to 6 months. |
| |
(6) | References in this section to instruction or training being provided include |
| |
references to its being made available. |
| |
Offences involving radioactive devices and materials and nuclear facilities and sites |
| |
9 | Making and possession of devices or materials |
| 20 |
(1) | A person commits an offence if— |
| |
(a) | he makes or has in his possession a radioactive device, or |
| |
(b) | he has in his possession radioactive material, |
| |
| with the intention of using the device or material in the course of or in |
| |
connection with the commission or preparation of an act of terrorism or for the |
| 25 |
purposes of terrorism, or of making it available to be so used. |
| |
(2) | It is irrelevant for the purposes of subsection (1) whether the act of terrorism to |
| |
which an intention relates is a particular act of terrorism, an act of terrorism of |
| |
a particular description or an act of terrorism generally. |
| |
(3) | A person guilty of an offence under this section shall be liable, on conviction |
| 30 |
on indictment, to imprisonment for life. |
| |
| |
“radioactive device” means— |
| |
(a) | a nuclear weapon or other nuclear explosive device; |
| |
(b) | a radioactive material dispersal device; |
| 35 |
(c) | a radiation-emitting device; |
| |
“radioactive material” means nuclear material or any other radioactive |
| |
| |
(a) | contains nuclides that undergo spontaneous disintegration in a |
| |
process accompanied by the emission of one or more types of |
| 40 |
ionising radiation, such as alpha radiation, beta radiation, |
| |
neutron particles or gamma rays; and |
| |
(b) | is capable, owing to its radiological or fissile properties, of— |
| |
(i) | causing serious bodily injury to a person; |
| |
(ii) | causing serious damage to property; |
| 45 |
|
| |
|
| |
|
(iii) | endangering a person’s life; or |
| |
(iv) | creating a serious risk to the health or safety of the |
| |
| |
| |
“device” includes any of the following, whether or not fixed to land, |
| 5 |
namely, machinery, equipment, appliances, tanks, containers, pipes |
| |
| |
“nuclear material” has the same meaning as in the Nuclear Material |
| |
(Offences) Act 1983 (c. 18) (see section 6 of that Act). |
| |
10 | Misuse of devices or material and misuse and damage of facilities |
| 10 |
(1) | A person commits an offence if he uses— |
| |
(a) | a radioactive device, or |
| |
(b) | radioactive material, |
| |
| in the course of or in connection with the commission of an act of terrorism or |
| |
for the purposes of terrorism. |
| 15 |
(2) | A person commits an offence if, in the course of or in connection with the |
| |
commission of an act of terrorism or for the purposes of terrorism, he uses or |
| |
damages a nuclear facility in a manner which— |
| |
(a) | causes a release of radioactive material; or |
| |
(b) | creates or increases a risk that such material will be released. |
| 20 |
(3) | A person guilty of an offence under this section shall be liable, on conviction |
| |
on indictment, to imprisonment for life. |
| |
| |
“nuclear facility” means— |
| |
(a) | a nuclear reactor, including a reactor installed in or on any |
| 25 |
transportation device for use as an energy source in order to |
| |
propel it or for any other purpose; or |
| |
(b) | a plant or conveyance being used for the production, storage, |
| |
processing or transport of radioactive material; |
| |
“radioactive device” and “radioactive material” have the same meanings |
| 30 |
| |
| |
“nuclear reactor” has the same meaning as in the Nuclear Installations Act |
| |
1965 (c. 57) (see section 26 of that Act); |
| |
“transportation device” means any vehicle or any space object (within the |
| 35 |
meaning of the Outer Space Act 1986 (c. 38)). |
| |
11 | Terrorist threats relating to devices, materials or facilities |
| |
(1) | A person commits an offence if, in the course of or in connection with the |
| |
commission of an act of terrorism or for the purposes of terrorism— |
| |
| 40 |
(i) | for the supply to himself or to another of a radioactive device or |
| |
| |
(ii) | for a nuclear facility to be made available to himself or to |
| |
| |
|
| |
|