Nuclear Material (Offences) Act 1983

Extended scope of certain offences.

1

• (1) If a person, whatever his nationality, does outside the United Kingdom, in relation to or by means of nuclear material, any act which, had he done it in any part of the United Kingdom, would have made him guilty of—

• (a) the offence of murder, manslaughter, culpable homicide, assault to injury, malicious mischief or causing injury, or endangering the life of the lieges, by reckless conduct, or

• (b) an offence under section 18 or 20 of the Offences against the Person Act 1861 or section 1 of the Criminal Damage Act 1971 or Article 3 of the Criminal Damage (Northern Ireland) Order 1977 or section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995, or

• (c) the offence of theft, embezzlement, robbery, assault with intent to rob, burglary or aggravated burglary, or

• (d) the offence of fraud or extortion or an offence under section ... 21 of the Theft Act 1968 or section ... 20 of the Theft Act (Northern Ireland) 1969,

he shall in any part of the United Kingdom be guilty of such of the offences mentioned in paragraphs (a) to (d) above as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.

• (1A) If—

• (a) a person, whatever his nationality, does outside the United Kingdom an act directed at a nuclear facility, or which interferes with the operation of such a facility,

• (b) the act causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material, and

• (c) had he done that act in any part of the United Kingdom, it would have made him guilty of an offence mentioned in subsection (1)(a) or (b) above,

the person shall in any part of the United Kingdom be guilty of such of the offences mentioned in subsection (1)(a) and (b) as are offences of which the act would have made him guilty had he done it in that part of the United Kingdom.

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

Offences involving preparatory acts and threats.

2

• (1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty of an offence.

• (2) A person contravenes this subsection if without lawful authority—

• (a) he receives, holds or deals with nuclear material, and

• (b) he does so either—

• (i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of that material, or

• (ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, relevant injury or damage would be caused by means of that material.

• (3) A person contravenes this subsection if without lawful authority—

• (a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and

• (b) he does so either—

• (i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of the emission of ionising radiation or the release of radioactive material, or

• (ii) being reckless as to whether, as a result of his act, relevant injury or damage would be caused by means of such an emission or release.

• (4) A person contravenes this subsection if he—

• (a) makes a threat of a kind falling within subsection (5), and

• (b) intends that the person to whom the threat is made shall fear that it will be carried out.

• (5) A threat falls within this subsection if it is a threat that the person making it or any other person will cause any of the consequences set out in subsection (6) either—

• (a) by means of nuclear material, or

• (b) by means of the emission of ionising radiation or the release of radioactive material resulting from an act which is directed at a nuclear facility, or which interferes with the operation of such a facility.

• (6) The consequences mentioned in subsection (5) are—

• (a) relevant injury or damage, or

• (b) damage to the environment.

• (7) A person contravenes this subsection if, in order to compel a State, international organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which, whether by virtue of section 1(1) above or otherwise, is an offence mentioned in section 1(1)(c) above.

• (8) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

• (9) In this section references to relevant injury or damage are references to death or to injury or damage of a type which constitutes an element of any offence mentioned in section 1(1)(a) or (b) above.

Supplemental.

3

• (1) Proceedings for an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978 , the Suppression of Terrorism Act 1978 , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ) would not be an offence apart from the preceding provisions of this Act shall not be begun—

• (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 Attorney

General for Northern Ireland.

• (2) Without prejudice to any jurisdiction exercisable apart from this subsection, every sheriff court in Scotland shall have jurisdiction to entertain proceedings for an offence which (disregarding the provisions of the Internationally Protected Persons Act 1978 , the Suppression of Terrorism Act 1978 , the United Nations Personnel Act 1997 and the Terrorism Act 2000 ) would not be an offence in Scotland apart from the preceding provisions of this Act.

Amendments of other Acts.

4

• (1) In consequence of the provisions of this Act—

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

• (b) in subsections (4) and (5) of section 4 of the Suppression of Terrorism Act 1978 (which also relates to certain offences committed outside the United Kingdom) after the words “Internationally Protected Persons Act 1978” there shall be inserted in each place the words “ and the Nuclear Material (Offences) Act 1983 ”.

• (2) In the Schedule to the Visiting Forces Act 1952 (which specifies the offences which are offences against the person and against property for the purposes of section 3 of that Act)—

• (a) at the end of each of paragraphs 1, 2 and 4 there shall be inserted the following subparagraph—

(c) an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that— (i) in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within subparagraph (a) or (b) of this paragraph, or (ii) in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence

; and

• (b) at the end of paragraph 3 there shall be inserted the following subparagraph—

(c) an offence under section 2 of the Nuclear Material (Offences) Act 1983, where the circumstances are that— (i) in the case of a contravention of subsection (2), the act falling within paragraph (a) or (b) of that subsection would, had it been done, have constituted an offence falling within the foregoing subparagraphs, or (ii) in the case of a contravention of subsection (3) or (4), the act threatened would, had it been done, have constituted such an offence.

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

Extradition.

5

Material to which the Act applies.

6

• (A1) This section applies for the purposes of this Act.

• (1) References ... to nuclear material are references to material which, within the meaning of the Convention, is nuclear material used for peaceful purposes.

• (1A) “A nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of.

• (1B) For the purposes of subsections (1) and (1A)—

• (a) nuclear material is not used for peaceful purposes if it is used or retained for military purposes, and

• (b) a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.

• (2) If in any proceedings a question arises whether any material or facility was used for peaceful purposes, a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, so used at a time specified in the certificate shall be conclusive of that question.

• (3) In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) above shall be taken to be such a certificate unless the contrary is proved.

• (4) Paragraphs (a) and (b) of Article 1 of the Convention (which give the definition of “nuclear material” for the purposes of the Convention) are set out in the Schedule to this Act.

• (5) “Act” includes omission.

• (6) “The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005).

• (7) “The environment” includes land, air and water and living organisms supported by any of those media.

• (8) “Radioactive material” means nuclear material or any other radioactive substance which—

• (a) contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of 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 bodily injury to a person,

• (ii) causing damage or destruction to property,

• (iii) endangering a person's life, or

• (iv) causing damage to the environment.

Application to Channel Islands, Isle of Man, etc.

7

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

• (2) Her Majesty may by Order in Council make provision for extending the other provisions of this Act, with such exceptions, adaptations or modifications as may be specified in the Order, to any of the Channel Islands, the Isle of Man or any British overseas territory.

Short title and commencement.

8

• (1) This Act may be cited as the Nuclear Material (Offences) Act 1983.

• (2) This Act shall come into force on such day as Her Majesty may by Order in Council appoint.

SCHEDULE

Article 1

For the purposes of this Convention:

Extended scope of certain offences.

Amendments of other Acts.

Material to which the Act applies.

For the purposes of this Convention:

Editorial notes

[^c7547431]: Act not in force at Royal Assent; Act wholly in force 2.10.1991, see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547501]: S. 1 wholly in force 2.10.1991 see s. 8(2) and S.I. 1991/1716, art 2

[^c7547511]: 1861 c. 100.

[^c7547521]: 1971 c. 48.

[^c7547531]: S.I. 1977/426.

[^c7547551]: 1968 c. 60.

[^c7547561]: 1969 c. 16 (N.I.).

[^c7547631]: S. 3 wholly in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547641]: 1978 c. 17.

[^c7547651]: Words in s. 3(1)(2) substituted (27.4.1997) by 1997 c. 13, ss. 7, 10(2), Sch. para. 4

[^c7547771]: S. 4 wholly in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547781]: 1952 c. 67.

[^c7547791]: S. 4(3) repealed (27.8.1991) by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), ss. 69(1), 70(4), Schedule 8 Part I

[^c7547801]: S. 5 repealed by Extradition Act 1989 (c. 33, SIF 39:1), s. 37(1), Sch. 2

[^c7547821]: S. 6 wholly in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547841]: S. 7(2) in force for specified purposes at 24.7.1991 and otherwise in force 2.10.1991, see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547851]: S. 7(1) repealed by Extradition Act 1989 (c. 33, SIF 48), s. 37(1), Sch. 2

[^c7547861]: S. 7(2): power exercised by S.I. 1991/1717, 1991/1718 and 1991/1719

[^c7547881]: S. 8 in force for specified purposes at 24.7.1991 and otherwise in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547891]: S. 8(2): power exercised (24.7.1991) by S.I.1991/1716

[^c7547921]: Sch. article 1 wholly in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2

[^c7547911]: Sch. article 1 wholly in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2

[^key-44f5443245ef41e653a748b0aa15e647]: Words in s. 3(1) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 8; S.I. 2004/786, art. 3(1)(2)

[^key-e72a2926c819ea464fa3052f805589dc]: Words in s. 3(2) substituted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 94(1), Sch. 5 para. 8; S.I. 2004/786, art. 3(1)(2)