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Offences relating to nuclear material and nuclear facilities |
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Amendments to Nuclear Material (Offences) Act 1983 |
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1 | The Nuclear Material (Offences) Act 1983 (c. 18) has effect subject to the |
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2 (1) | Section 1 (extended scope of certain offences) is amended as follows. |
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(2) | In subsection (1)(b) (offences under certain enactments) for “section 78 of the |
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Criminal Justice (Scotland) Act 1980” substitute “section 52 of the Criminal |
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Law (Consolidation) (Scotland) Act 1995”. |
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(3) | After subsection (1) insert— |
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(a) | a person, whatever his nationality, does outside the United |
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Kingdom an act directed at a nuclear facility, or which |
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interferes with the operation of such a facility, |
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(b) | the act causes death, injury or damage resulting from the |
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emission of ionising radiation or the release of radioactive |
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(c) | had he done that act in any part of the United Kingdom, it |
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would have made him guilty of an offence mentioned in |
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subsection (1)(a) or (b) above, |
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| the person shall in any part of the United Kingdom be guilty of such |
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of the offences mentioned in subsection (1)(a) and (b) as are offences |
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of which the act would have made him guilty had he done it in that |
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part of the United Kingdom.” |
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(4) | Omit subsection (2) (definition of “act”). |
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3 | After section 1 insert— |
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“1A | Increase in penalties for offences committed in relation to nuclear |
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(a) | a person is guilty of an offence to which subsection (2), (3) or |
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(b) | the penalty provided by this subsection would not otherwise |
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| the person shall be liable, on conviction on indictment, to |
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(2) | This subsection applies to an offence mentioned in section 1(1)(a) or |
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(b) where the act making the person guilty of the offence was done |
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in England and Wales or Northern Ireland and either— |
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(a) | the act was done in relation to or by means of nuclear |
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(i) | was directed at a nuclear facility, or interfered with |
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the operation of such a facility, and |
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(ii) | caused death, injury or damage resulting from the |
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emission of ionising radiation or the release of |
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(3) | This subsection applies to an offence mentioned in section 1(1)(c) or |
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(d) where the act making the person guilty of the offence— |
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(a) | was done in England and Wales or Northern Ireland, and |
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(b) | was done in relation to or by means of nuclear material. |
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(4) | This subsection applies to an offence mentioned in section 1(1)(a) to |
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(d) where the offence is an offence in England and Wales or Northern |
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Ireland by virtue of section 1(1) or (1A). |
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1B | Offences relating to damage to environment |
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(1) | If a person, whatever his nationality, in the United Kingdom or |
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elsewhere contravenes subsection (2) or (3) he is guilty of an offence. |
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(2) | A person contravenes this subsection if without lawful authority— |
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(a) | he receives, holds or deals with nuclear material, and |
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(i) | intending to cause, or for the purpose of enabling |
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another to cause, damage to the environment by |
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means of that material, or |
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(ii) | being reckless as to whether, as a result of his so |
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receiving, holding or dealing with that material, |
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damage would be caused to the environment by |
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(3) | A person contravenes this subsection if without lawful authority— |
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(a) | he does an act directed at a nuclear facility, or which |
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interferes with the operation of such a facility, and |
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(i) | intending to cause, or for the purpose of enabling |
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another to cause, damage to the environment by |
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means of the emission of ionising radiation or the |
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release of radioactive material, or |
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(ii) | being reckless as to whether, as a result of his act, |
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damage would be caused to the environment by |
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means of such an emission or release. |
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(4) | A person guilty of an offence under this section shall be liable, on |
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conviction on indictment, to imprisonment for life. |
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1C | Offences of importing or exporting etc. nuclear material: extended |
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(1) | If a person, whatever his nationality, outside the United Kingdom |
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contravenes subsection (2) below he shall be guilty of an offence. |
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(2) | A person contravenes this subsection if he is knowingly concerned |
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(a) | the unlawful export or shipment as stores of nuclear material |
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from one country to another, or |
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(b) | the unlawful import of nuclear material into one country |
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(3) | For the purposes of subsection (2)— |
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(a) | the export or shipment as stores of nuclear material from a |
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(b) | the import of nuclear material into a country, |
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| is unlawful if it is contrary to any prohibition or restriction on the |
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export, shipment as stores or import (as the case may be) of nuclear |
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material having effect under or by virtue of the law of that country. |
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(4) | A statement in a certificate issued by or on behalf of the government |
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of a country outside the United Kingdom to the effect that a |
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particular export, shipment as stores or import of nuclear material is |
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contrary to such a prohibition or restriction having effect under or by |
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virtue of the law of that country, shall be evidence (in Scotland, |
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sufficient evidence) that the export, shipment or import was |
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unlawful for the purposes of subsection (2). |
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(5) | In any proceedings a document purporting to be a certificate of the |
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kind mentioned in subsection (4) above shall be taken to be such a |
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certificate unless the contrary is proved. |
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(6) | A person guilty of an offence under this section shall be liable, on |
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conviction on indictment, to imprisonment for a term not exceeding |
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(7) | In this section “country” includes territory. |
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1D | Offences under section 1C: investigations and proceedings etc. |
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(1) | Where the Commissioners for Her Majesty’s Revenue and Customs |
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investigate, or propose to investigate, any matter with a view to |
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(a) | whether there are grounds for believing that an offence under |
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section 1C above has been committed, or |
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(b) | whether a person should be prosecuted for such an offence, |
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| the matter is to be treated as an assigned matter within the meaning |
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of CEMA 1979 (see section 1(1) of that Act). |
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(2) | Section 138 of CEMA 1979 (provisions as to arrest of persons) applies |
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to a person who has committed, or whom there are reasonable |
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grounds to suspect of having committed, an offence under section 1C |
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above as it applies to a person who has committed, or whom there |
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are reasonable grounds to suspect of having committed, an offence |
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for which he is liable to be arrested under the customs and excise |
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(3) | Sections 145 to 148 and 150 to 155 of CEMA 1979 (provisions as to |
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legal proceedings) apply in relation to an offence under section 1C |
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above, and to the penalty and proceedings for the offence, as they |
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apply in relation to offences, penalties and proceedings under the |
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“CEMA 1979” means the Customs and Excise Management Act |
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“the customs and excise Acts”, “shipment” and “stores” have |
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the same meanings as in CEMA 1979 (see section 1(1) of that |
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4 | For section 2 substitute— |
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“2 | Offences involving preparatory acts and threats |
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(1) | If a person, whatever his nationality, in the United Kingdom or |
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elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty |
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(2) | A person contravenes this subsection if without lawful authority— |
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(a) | he receives, holds or deals with nuclear material, and |
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(i) | intending to cause, or for the purpose of enabling |
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another to cause, relevant injury or damage by means |
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(ii) | being reckless as to whether, as a result of his so |
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receiving, holding or dealing with that material, |
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relevant injury or damage would be caused by means |
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(3) | A person contravenes this subsection if without lawful authority— |
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(a) | he does an act directed at a nuclear facility, or which |
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interferes with the operation of such a facility, and |
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(i) | intending to cause, or for the purpose of enabling |
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another to cause, relevant injury or damage by means |
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of the emission of ionising radiation or the release of |
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(ii) | being reckless as to whether, as a result of his act, |
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relevant injury or damage would be caused by means |
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of such an emission or release. |
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(4) | A person contravenes this subsection if he— |
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(a) | makes a threat of a kind falling within subsection (5), and |
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(b) | intends that the person to whom the threat is made shall fear |
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that it will be carried out. |
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(5) | A threat falls within this subsection if it is a threat that the person |
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making it or any other person will cause any of the consequences set |
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out in subsection (6) either— |
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(a) | by means of nuclear material, or |
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(b) | by means of the emission of ionising radiation or the release |
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of radioactive material resulting from an act which is directed |
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at a nuclear facility, or which interferes with the operation of |
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(6) | The consequences mentioned in subsection (5) are— |
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(a) | relevant injury or damage, or |
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(b) | damage to the environment. |
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(7) | A person contravenes this subsection if, in order to compel a State, |
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international organisation or person to do, or abstain from doing, |
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any act, he threatens that he or any other person will obtain nuclear |
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material by an act which, whether by virtue of section 1(1) above or |
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otherwise, is an offence mentioned in section 1(1)(c) above. |
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(8) | A person guilty of an offence under this section shall be liable, on |
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conviction on indictment, to imprisonment for life. |
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(9) | In this section references to relevant injury or damage are references |
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to death or to injury or damage of a type which constitutes an |
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element of any offence mentioned in section 1(1)(a) or (b) above. |
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2A | Inchoate and secondary offences: extended jurisdiction |
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(1) | If a person, whatever his nationality— |
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(a) | does an act outside the United Kingdom, and |
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(b) | his act, if done in any part of the United Kingdom, would |
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constitute an offence falling within subsection (2), |
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| he shall be guilty in that part of the United Kingdom of the offence. |
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(a) | attempting to commit a nuclear offence; |
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(b) | conspiring to commit a nuclear offence; |
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(c) | inciting the commission of a nuclear offence; |
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(d) | aiding, abetting, counselling or procuring the commission of |
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(3) | In subsection (2) a “nuclear offence” means any of the following |
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(a) | an offence mentioned in section 1(1)(a) to (d) above (other |
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than a blackmail offence), the commission of which is (or |
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would have been) in relation to or by means of nuclear |
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(b) | an offence mentioned in section 1(1)(a) or (b) above, the |
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commission of which involves (or would have involved) an |
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(i) | directed at a nuclear facility, or which interferes with |
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the operation of such a facility, and |
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(ii) | which causes death, injury or damage resulting from |
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the emission of ionising radiation or the release of |
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(c) | an offence under section 1B, 1C or 2(1) and (2) or (3) above; |
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(d) | an offence under section 50(2) or (3), 68(2) or 170(1) or (2) of |
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the Customs and Excise Management Act 1979 the |
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commission of which is (or would have been) in connection |
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with a prohibition or restriction relating to the exportation, |
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shipment as stores or importation of nuclear material; |
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(e) | for the purposes of subsection (2)(b) to (d)— |
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(i) | a blackmail offence, the commission of which is in |
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relation to or by means of nuclear material; |
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(ii) | an offence under section 2(1) and (4) or (7) above; |
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(iii) | an offence of attempting to commit an offence |
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mentioned in paragraphs (a) to (d). |
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(4) | In subsection (3) “a blackmail offence” means— |
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(a) | an offence under section 21 of the Theft Act 1968, |
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(b) | an offence under section 20 of the Theft Act (Northern |
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(c) | an offence of extortion. |
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(5) | In subsection (2)(c) the reference to incitement is— |
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(a) | a reference to incitement under the law of Scotland, or |
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(b) | in relation to any time before the coming into force of Part 2 |
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of the Serious Crime Act 2007 (encouraging or assisting |
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crime) in relation to England and Wales or Northern Ireland, |
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a reference to incitement under the common law of England |
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and Wales or (as the case may be) of Northern Ireland.” |
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5 | After section 3 (supplemental) insert— |
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“3A | Application to activities of armed forces |
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(1) | Nothing in this Act applies in relation to acts done by the armed |
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forces of a country or territory— |
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(a) | in the course of an armed conflict, or |
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(b) | in the discharge of their functions. |
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(2) | If in any proceedings a question arises whether an act done by the |
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armed forces of a country or territory was an act falling within |
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subsection (1), a certificate issued by or under the authority of the |
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Secretary of State and stating that it was, or was not, such an act shall |
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be conclusive of that question. |
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(3) | In any proceedings a document purporting to be such a certificate as |
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is mentioned in subsection (2) shall be taken to be such a certificate |
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unless the contrary is proved.” |
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6 (1) | Section 6 (material to which the Act applies) is amended as follows. |
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(2) | Before subsection (1) insert— |
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“(A1) | This section applies for the purposes of this Act.” |
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(3) | In subsection (1), omit “in this Act”. |
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(4) | After subsection (1) insert— |
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“(1A) | “A nuclear facility” means a facility (including associated buildings |
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and equipment) used for peaceful purposes in which nuclear |
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material is produced, processed, used, handled, stored or disposed |
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(1B) | For the purposes of subsections (1) and (1A)— |
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(a) | nuclear material is not used for peaceful purposes if it is used |
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or retained for military purposes, and |
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(b) | a facility is not used for peaceful purposes if it contains any |
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nuclear material which is used or retained for military |
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(5) | In subsection (2) (question whether or not nuclear material used for peaceful |
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purposes to be determined conclusively by certificate of Secretary of State to |
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that effect) after “material” insert “or facility”. |
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(6) | For subsection (5) substitute— |
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“(5) | “Act” includes omission. |
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(6) | “The Convention” means the Convention on the Physical Protection |
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of Nuclear Material and Nuclear Facilities (formerly the Convention |
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on the Physical Protection of Nuclear Material and renamed by |
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virtue of the Amendment adopted at Vienna on 8th July 2005). |
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(7) | “The environment” includes land, air and water and living |
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organisms supported by any of those media. |
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(8) | “Radioactive material” means nuclear material or any other |
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radioactive substance which— |
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(a) | contains nuclides that undergo spontaneous disintegration in |
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a process accompanied by the emission of one or more types |
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of ionising radiation, such as alpha radiation, beta radiation, |
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neutron particles or gamma rays, and |
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(b) | is capable, owing to its radiological or fissile properties, of— |
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(i) | causing bodily injury to a person, |
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(ii) | causing damage or destruction to property, |
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(iii) | endangering a person’s life, or |
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(iv) | causing damage to the environment.” |
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(7) | For the sidenote, substitute “Interpretation”. |
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7 | In section 7 (application to the Channel Islands, Isle of Man etc.) in |
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subsection (2), for “any colony” substitute “any British overseas territory”. |
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Amendments to Customs and Excise Management Act 1979 |
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8 (1) | The Customs and Excise Management Act 1979 (c. 2) is amended as follows. |
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(2) | In section 1 (interpretation) in subsection (1) insert at the appropriate |
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““nuclear material” has the same meaning as in the Nuclear |
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Material (Offences) Act 1983 (see section 6 of that Act);”. |
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(3) | In section 50 (penalty for improper importation of goods)— |
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(a) | in subsection (4) (penalty for offence) for “or (5B)” substitute “, (5B) |
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(b) | after subsection (5B) insert— |
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“(5C) | In the case of an offence under subsection (2) or (3) above in |
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connection with a prohibition or restriction relating to the |
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importation of nuclear material, subsection (4)(b) above shall |
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have effect as if for the words “7 years” there were substituted |
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(4) | In section 68 (offences in relation to exportation of prohibited or restricted |
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(a) | in subsection (3) (penalty for offence) for “or (4A)” substitute “, (4A) |
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