Anti-terrorism, Crime and Security Act 2001

• “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

• (c) defences to an offence under subsection (3) relating to any prohibition.

• (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

• (c) make such incidental, supplementary and transitional provision as the Secretary of State thinks fit.

• (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

• (c) a British protected person within the meaning of that Act.

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—

(20B) (1) An authorised person may give a detention direction in respect of an aircraft if he is of the opinion that— (a) a person has failed to comply or is likely to fail to comply with a requirement of a direction under section 12 or 14 of this Act in respect of the aircraft, (b) a person has failed to comply with a requirement of an enforcement notice in respect of the aircraft, (c) a threat has been made to commit an act of violence against the aircraft or against any person or property on board the aircraft, or (d) an act of violence is likely to be committed against the aircraft or against any person or property on board the aircraft. (2) A detention direction in respect of an aircraft— (a) shall be given in writing to the operator of the aircraft, and (b) shall require him to take steps to ensure that the aircraft does not fly while the direction is in force. (3) An authorised person who has given a detention direction in respect of an aircraft may do anything which he considers necessary or expedient for the purpose of ensuring that the aircraft does not fly while the direction is in force; in particular, the authorised person may— (a) enter the aircraft; (b) arrange for another person to enter the aircraft; (c) arrange for a person or thing to be removed from the aircraft; (d) use reasonable force; (e) authorise the use of reasonable force by another person. (4) The operator of an aircraft in respect of which a detention direction is given may object to the direction in writing to the Secretary of State. (5) On receipt of an objection to a detention direction under subsection (4) the Secretary of State shall— (a) consider the objection, (b) allow the person making the objection and the authorised person who gave the direction an opportunity to make written or oral representations to the Secretary of State or to a person appointed by him, (c) confirm, vary or cancel the direction, and (d) give notice of his decision in writing to the person who made the objection and to the authorised person who gave the direction. (6) A detention direction in respect of an aircraft shall continue in force until— (a) an authorised person cancels it by notice in writing to the operator of the aircraft, or (b) the Secretary of State cancels it under subsection (5)(c). (7) A person commits an offence if— (a) without reasonable excuse he fails to comply with a requirement of a detention direction, or (b) he intentionally obstructs a person acting in accordance with subsection (3). (8) A person who is guilty of an offence under subsection (7) shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine, to imprisonment for a term not exceeding two years or to both. (9) A detention direction may be given in respect of— (a) any aircraft in the United Kingdom, and (b) any aircraft registered or operating in the United Kingdom. (10) A detention direction may be given in respect of a class of aircraft; and for that purpose— (a) a reference to “the aircraft” in subsection (1) shall be treated as a reference to all or any of the aircraft within the class, and (b) subsections (2) to (9) shall apply as if the direction were given in respect of each aircraft within the class.

• (2) In section 23 of the Aviation Security Act 1982 (c. 36) (annual report)—

• (a) in subsection (1) after “enforcement notices” insert “ and detention directions ”, and

• (b) in subsection (2) for “and enforcement notices” substitute “ , enforcement notices and detention directions ”.

• (3) At the end of section 24 of that Act add—

(9) Subsections (6) to (8) above shall apply to a detention direction as they apply to an enforcement notice.

Air cargo agent: documents

87

After section 21F of the Aviation Security Act 1982 (air cargo agents) insert—

(21F) (1) A person commits an offence if with intent to deceive he issues a document which purports to be issued by a person on a list of approved air cargo agents maintained under section 21F(2)(a) of this Act. (2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

Extent outside United Kingdom

88

• (1) The powers in section 108(1) and (2) of the Civil Aviation Act 1982 (c. 16) (extension outside United Kingdom) apply to provisions of this Part which amend that Act.

• (2) The powers in section 39(3) of the Aviation Security Act 1982 (extension outside United Kingdom) apply to provisions of this Part which amend that Act.

Part 10 — Police Powers

Identification

Fingerprinting of terrorist suspects

89

• (1) Schedule 8 to the Terrorism Act 2000 (c. 11) (persons detained under terrorism provisions) is amended as follows.

• (2) In paragraph 10, at the beginning of sub-paragraph (6) (grounds on which officer may authorise fingerprinting or taking of sample), insert “Subject to sub-paragraph (6A)”; and after that sub-paragraph insert—

(6A) An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if— (a) he is satisfied that the fingerprints of the detained person will facilitate the ascertainment of that person’s identity; and (b) that person has refused to identify himself or the officer has reasonable grounds for suspecting that that person is not who he claims to be. (6B) In this paragraph references to ascertaining a person’s identity include references to showing that he is not a particular person.

• (3) In paragraph 20(2), for the subsection (2) substituted by way of modification of section 18 of the Criminal Procedure (Scotland) Act 1995 (c. 46) substitute—

(’) Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if— (a) in the case of a person detained under section 41 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement; or (b) in any case, he is satisfied that it is necessary to do so in order to assist in determining whether the person falls within section 40(1)(b). (2A) A constable may also take fingerprints from a detained person or require him to provide them if— (a) he is satisfied that the fingerprints of that person will facilitate the ascertainment of that person’s identity; and (b) that person has refused to identify himself or the constable has reasonable grounds for suspecting that that person is not who he claims to be. (2B) In this section references to ascertaining a person’s identity include references to showing that he is not a particular person.’

• (4) For paragraph 20(3) substitute—

(3) Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution. (4) In this paragraph— (a) a reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

Searches, examinations and fingerprinting: England and Wales

90

• (1) After section 54 of the Police and Criminal Evidence Act 1984 (c. 60) (searches of detained persons) insert—

(54A) (1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both— (a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or (b) for the purpose of facilitating the ascertainment of his identity. (2) An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if— (a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or (b) it is not practicable to obtain such consent. (3) An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if— (a) the person in question has refused to identify himself; or (b) the officer has reasonable grounds for suspecting that that person is not who he claims to be. (4) An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. (5) Any identifying mark found on a search or examination under this section may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (6) Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated; and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable. (7) A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex. (8) An intimate search may not be carried out under this section. (9) A photograph taken under this section— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (10) In subsection — (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (11) In this section— (a) references to ascertaining a person’s identity include references to showing that he is not a particular person; and (b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly. (12) In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

• (2) In section 61(4) of that Act (grounds on which fingerprinting of person detained at a police station may be authorised)—

• (a) in paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of section 54A), or both ”;

• (b) after that paragraph insert—

but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.

Searches, examinations and fingerprinting: Northern Ireland

91

• (1) After Article 55 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (searches of detained persons) insert—

(55A) (1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both— (a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or (b) for the purpose of facilitating the ascertainment of his identity. (2) An officer may only give an authorisation under paragraph (1) for the purpose mentioned in sub-paragraph (a) of that paragraph if— (a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or (b) it is not practicable to obtain such consent. (3) An officer may only give an authorisation under paragraph (1) in a case in which paragraph (2) does not apply if— (a) the person in question has refused to identify himself; or (b) the officer has reasonable grounds for suspecting that that person is not who he claims to be. (4) An officer may give an authorisation under paragraph (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. (5) Any identifying mark found on a search or examination under this Article may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (6) Where a search or examination may be carried out under this Article, or a photograph may be taken under this Article, the only persons entitled to carry out the search or examination, or to take the photograph, are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this Article by the Chief Constable; and Article 88 (use of force) applies to the exercise by a person falling within sub-paragraph (b) of the powers conferred by the preceding provisions of this Article as it applies to the exercise of those powers by a constable. (7) A person may not under this Article carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex. (8) An intimate search may not be carried out under this Article. (9) A photograph taken under this Article— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (10) In paragraph (9)— (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (11) In this Article— (a) references to ascertaining a person’s identity include references to showing that he is not a particular person; and (b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly. (12) In this Article “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this Article if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

• (2) In Article 61(4) of that Order (grounds on which fingerprinting of person detained at a police station may be authorised)—

• (a) in sub-paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of Article 55A), or both ”; and

• (b) after that sub-paragraph insert—

but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.

Photographing of suspects etc.: England and Wales

92

After section 64 of the Police and Criminal Evidence Act 1984 (c. 60) insert—

(64A) (1) A person who is detained at a police station may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (2) A person proposing to take a photograph of any person under this section— (a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and (b) if the requirement is not complied with, may remove the item or substance himself. (3) Where a photograph may be taken under this section, the only persons entitled to take the photograph are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated; and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable. (4) A photograph taken under this section— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (5) In subsection (4)— (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (6) References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

Photographing of suspects etc.: Northern Ireland

93

After Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) insert—

(64A) (1) A person who is detained at a police station may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (2) A person proposing to take a photograph of any person under this Article— (a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and (b) if the requirement is not complied with, may remove the item or substance himself. (3) Where a photograph may be taken under this Article, the only persons entitled to take the photograph are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this Article by the Chief Constable; and Article 88 (use of force) applies to the exercise by a person falling within sub-paragraph (b) of the powers conferred by the preceding provisions of this Article as it applies to the exercise of those powers by a constable. (4) A photograph taken under this Article— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (5) In paragraph (4)— (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (6) References in this Article to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

Powers to require removal of disguises: England and Wales

94

• (1) After section 60 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

(60AA) (1) Where— (a) an authorisation under section 60 is for the time being in force in relation to any locality for any period, or (b) an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period, those powers shall be exercisable at any place in that locality at any time in that period. (2) This subsection confers power on any constable in uniform— (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. (3) If a police officer of or above the rank of inspector reasonably believes— (a) that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and (b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection, he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours. (4) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— (a) have been committed in connection with the activities in respect of which the authorisation was given, or (b) are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further twenty-four hours. (5) If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed. (6) Any authorisation under this section— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this section are exercisable; (iii) the period during which those powers are exercisable; and a direction under subsection (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (7) A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if references to a locality or to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises. (9) In this section “British Transport Police Force” and “policed premises” each has the same meaning as in section 60. (10) The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred. (11) This section does not extend to Scotland.

• (2) In section 60A(1) of that Act (retention of things seized under section 60), after “section 60” insert “ or 60AA ”.

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

Powers to require removal of disguises: Northern Ireland

95

• (1) In Part 5 of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), before Article 24 insert—

(23A) (1) Where— (a) an authorisation under paragraph (3) that the powers conferred by paragraph (2) shall be exercisable at any place in a locality is in force for any period, or (b) an authorisation under Article 23B is for the time being in force in relation to any locality for any period, those powers shall be exercisable at any place in that locality at any time in that period. (2) This paragraph confers power on any constable in uniform— (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. (3) If a police officer of or above the rank of inspector reasonably believes— (a) that activities may take place in any locality that are likely (if they take place) to involve the commission of offences, and (b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this paragraph, he may give an authorisation that the powers conferred by this Article shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours. (4) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— (a) have been committed in connection with the activities in respect of which the authorisation was given, or (b) are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further twenty-four hours. (5) If an officer below the rank of superintendent gives an authorisation under paragraph , he must, as soon as it is practicable to do so, cause an officer of or above that rank to be informed. (6) Any authorisation under this Article— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this Article are exercisable; (iii) the period during which those powers are exercisable; and a direction under paragraph (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (7) A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this Article shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) The powers conferred by this Article are in addition to, and not in derogation of, any power otherwise conferred.

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

Powers of stop, search and seizure in Northern Ireland

Power to stop and search in anticipation of violence

96

In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23A (which is inserted by section 95) insert—

(23B) (1) If a police officer of or above the rank of inspector reasonably believes— (a) that incidents involving serious violence may take place in any locality, and that it is expedient to give an authorisation under this Article to prevent or control their occurrence, or (b) that persons are carrying dangerous instruments or offensive weapons in any locality without good reason, he may give an authorisation that the powers conferred by this Article are to be exercisable at any place within that locality for a specified period not exceeding twenty-four hours. (2) This Article confers power on any constable in uniform— (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments; and a constable may in the exercise of those powers stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or dangerous instruments. (3) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— (a) have been committed in connection with the activities in respect of which the authorisation was given, or (b) are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further twenty-four hours. (4) If an officer below the rank of superintendent gives an authorisation under paragraph () he must, as soon as it is practicable to do so, cause an officer of or above that rank to be informed. (5) If in the course of a search under this Article a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. (6) This Article applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles. (7) A person who fails to stop or (as the case may be) fails to stop a vehicle when required to do so by a constable in the exercise of his powers under this Article shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) Any authorisation under this Article— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this Article are exercisable; (iii) the period during which those powers are exercisable; and a direction under paragraph () shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (9) Where a vehicle is stopped by a constable under this Article the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this Article if he applies for such a statement not later than the end of the period of 12 months from the day on which the vehicle was stopped. (10) A person who is searched by a constable under this Article shall be entitled to obtain a written statement that he was searched under the powers conferred by this Article if he applies for such a statement not later than the end of the period of 12 months from the day on which he was searched. (11) The powers conferred by this Article are in addition to, and not in derogation of, any power otherwise conferred. (12) For the purposes of this Article, a person carries a dangerous instrument or an offensive weapon if he has it in his possession. (13) In this Article— - “caravan” has the meaning given by section 25(1) of the Caravans Act (Northern Ireland) 1963 (N.I. c. 17); - “dangerous instrument” means an instrument which has a blade or is sharply pointed; - “offensive weapon” has the meaning given by Article 22(1); - “vehicle” includes a caravan.

Seized articles

97

In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23B insert—

(23C) (1) Anything seized by a constable under Article 23A or 23B may be retained in accordance with regulations made by the Secretary of State under this Article. (2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things. (3) Regulations made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

MoD and transport police

Jurisdiction of MoD police

98

• (1) Section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of the Ministry of Defence Police) is amended as follows.

• (2) In subsection (2) (places where members of Ministry of Defence Police have powers and privileges of constables), omit paragraph (d) (which is superseded by the amendment made by subsection (4) of this section).

• (3) In subsection (3) (circumstances in which members of Ministry of Defence Police have powers and privileges of constables in places in United Kingdom not mentioned in subsection (2)), after paragraph (b) insert—

(ba) in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Prevention of Corruption Acts 1889 to 1916 in relation to such persons;

.

• (4) After that subsection insert—

(3A) Where a member of the Ministry of Defence Police has been requested by a constable of— (a) the police force for any police area; (b) the Police Service of Northern Ireland; (c) the British Transport Police Force; or (d) the United Kingdom Atomic Energy Authority Constabulary, to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below. (3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above— (a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area; (b) if it was made under paragraph (b) of that subsection, only in Northern Ireland; (c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or (d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the United Kingdom Atomic Energy Authority Constabulary. (3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,— (a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or (b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury. (3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if— (a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and (b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

• (5) In subsection (4) (territorial waters)—

• (a) for “to (3)” substitute “ to (3D) ”, and

• (b) for “subsections (1) and (3)” substitute “ those subsections ”.

• (6) In subsection (5)—

• (a) after the definition of “appropriate Gazette” insert—

“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);

, . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of assistance by MoD police

99

After section 2 of the Ministry of Defence Police Act 1987 (c. 4) insert—

(2A) (1) The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources. (2) Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section— (a) he shall be under the direction and control of the chief officer of that force; and (b) he shall have the same powers and privileges as a member of that force. (3) Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above. (4) In this section— - “British Transport Police Force” has the same meaning as in section 2 above; - “chief officer” means— 1. the chief officer of the police force for any police area; 2. the Chief Constable of the Police Service of Northern Ireland; 3. the Chief Constable of the British Transport Police Force; or 4. the Chief Constable of the United Kingdom Atomic Energy Authority Constabulary; - “relevant force” means— 1. the police force for any police area; 2. the Police Service of Northern Ireland; 3. the British Transport Police Force; or 4. the United Kingdom Atomic Energy Authority Constabulary; and - “United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.

Jurisdiction of transport police

100

• (1) Where a member of the British Transport Police Force has been requested by a constable of—

• (a) the police force for any police area,

• (b) the Ministry of Defence Police, or

• (c) the Civil Nuclear Constabulary,

(“the requesting force”) to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the British Transport Police Force have for the purposes of that incident, investigation or operation the same powers and privileges as constables of the requesting force.

• (2) Members of the British Transport Police Force have in any police area the same powers and privileges as constables of the police force for that police area—

• (a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence, or

• (b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury or damage to property .

• (3) But members of the British Transport Police Force have powers and privileges by virtue of subsection (2) only if—

• (a) they are in uniform or have with them documentary evidence that they are members of that Force, and

• (b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (1) by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

• (3A) In the application of this section to Scotland—

• (a) references to a “police area” are references to Scotland; and

• (b) references to the “police force” for a police area are references to the Police Service of Scotland.

• (4) In this section—

• “British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix), . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions about transport police and MoD police

101

Schedule 7 contains amendments relating to the British Transport Police Force and the Ministry of Defence Police.

Part 11 — Retention of Communications Data

Codes and agreements about the retention of communications data

102

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

Procedure for codes of practice

103

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

Directions about retention of communications data

104

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

Lapsing of powers in section 104

105

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

Arrangements for payments

106

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

Interpretation of Part 11

107

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

Part 12 — Bribery and Corruption

Bribery and corruption: foreign officers etc.

108

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

Bribery and corruption committed outside the UK

109

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

Presumption of corruption not to apply

110

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

Part 13 — Miscellaneous

Third pillar of the European Union

Implementation of the third pillar

111

• (1) At any time before 1st July 2002, an authorised Minister may by regulations make provision—

• (a) for the purpose of implementing any obligation of the United Kingdom created or arising by or under any third pillar measure or enabling any such obligation to be implemented,

• (b) for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of any third pillar measure to be exercised, or

• (c) for the purpose of dealing with matters arising out of or related to any such obligation or rights.

• (2) For the purposes of subsection (1), the following are third pillar measures—

• (a) the 1995 Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union,

• (b) the 1996 Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union,

• (c) any framework decision adopted under Article 34 of the Treaty on European Union on the execution in the European Union of orders freezing property or evidence, on joint investigation teams, or on combatting terrorism, and

• (d) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with Article 34 of the Treaty on European Union.

• (3) The provision that may be made under subsection (1) includes, subject to subsection (4), any such provision (of any such extent) as might be made by Act of Parliament.

• (4) The powers conferred by subsection (1) do not include power—

• (a) to make any provision imposing or increasing taxation,

• (b) to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision,

• (c) to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for a court or tribunal, or

• (d) to create, except in accordance with subsection (6), a criminal offence which is punishable—

• (i) on conviction on indictment, with imprisonment for more than two years,

• (ii) on summary conviction, with imprisonment for more than three months,

• (iii) on summary conviction, with a fine (not calculated on a daily basis) of more than level 5 on the standard scale or (for an offence triable either way) more than the statutory maximum, or

• (iv) on summary conviction, with a fine of more than £100 a day.

• (5) Subsection (4)(c) does not preclude the modification of a power to legislate conferred otherwise than under subsection (1), or the extension of any such power to purposes of the like nature as those for which it was conferred, and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (4)(c).

• (6) Subsection (4)(d) does not preclude the creation of an offence punishable on conviction on indictment with imprisonment for a term of any length if—

• (a) the offence is one for which a term of that length, a term of at least that length, or a term within a range of lengths including that length, is required for the offence by an obligation created or arising by or under any third pillar measure,

• (b) the offence, if committed in particular circumstances, would be an offence falling within paragraph (a), or

• (c) the offence is not committed in the United Kingdom but would, if committed in the United Kingdom, or a part of the United Kingdom, be punishable on conviction on indictment with imprisonment for a term of that length.

Third pillar: supplemental

112

• (1) “Authorised Minister” in section 111(1) has the meaning given by subsections (2) and (3).

• (2) The Scottish Ministers are authorised Ministers for any purpose for which powers under section 111(1) are exercisable within devolved competence (within the meaning of the Scotland Act 1998 (c. 46)).

• (3) For any other purpose, the following are authorised Ministers—

• (a) the Secretary of State,

• (b) the Lord Chancellor,

• (c) the Treasury,

• (d) the National Assembly for Wales, if designated under subsection (4),

• (e) the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland department, if the Ministers are, or the Minister or the department is, designated under subsection (4).

• (4) A designation under this subsection may be made by Order in Council in relation to any matter or for any purpose, and is subject to any restriction or condition specified in the Order.

• (5) An Order in Council under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) The power to make regulations under section 111(1)—

• (a) in the case of the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland Department, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)),

• (b) in any other case, is exercisable by statutory instrument.

• (7) No regulations may be made under section 111(1) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

• (8) Subsection (7) has effect, so far as it relates to the exercise of powers under section 111(1) by the Scottish Ministers, as if the reference to each House of Parliament were a reference to the Scottish Parliament.

• (9) Subsection (7) does not apply to a statutory instrument containing regulations made by the National Assembly for Wales unless the statutory instrument contains regulations—

• (a) made by the Secretary of State, the Lord Chancellor or the Treasury (whether or not jointly with the Assembly),

• (b) relating to an English border area, or

• (c) relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales);

and in this subsection expressions used in the Government of Wales Act 1998 (c. 38) have the same meaning as in that Act.

• (10) Subsection (7) has effect, so far as it relates to the exercise of powers under section 111(1) by the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland department, as if the reference to each House of Parliament were a reference to the Northern Ireland Assembly.

Dangerous substances

Use of noxious substances or things to cause harm and intimidate

113

• (1) A person who takes any action which—

• (a) involves the use of a noxious substance or other noxious thing;

• (b) has or is likely to have an effect falling within subsection (2); and

• (c) is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public,

is guilty of an offence.

• (2) Action has an effect falling within this subsection if it—

• (a) causes serious violence against a person anywhere in the world;

• (b) causes serious damage to real or personal property anywhere in the world;

• (c) endangers human life or creates a serious risk to the health or safety of the public or a section of the public; or

• (d) induces in members of the public the fear that the action is likely to endanger their lives or create a serious risk to their health or safety;

but any effect on the person taking the action is to be disregarded.

• (3) A person who—

• (a) makes a threat that he or another will take any action which constitutes an offence under subsection (1); and

• (b) intends thereby to induce in a person anywhere in the world the fear that the threat is likely to be carried out,

is guilty of an offence.

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

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

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

• (5) In this section—

• “the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom; and

• “the public” includes the public of a country other than the United Kingdom.

Hoaxes involving noxious substances or things

114

• (1) A person is guilty of an offence if he—

• (a) places any substance or other thing in any place; or

• (b) sends any substance or other thing from one place to another (by post, rail or any other means whatever);

with the intention of inducing in a person anywhere in the world a belief that it is likely to be (or contain) a noxious substance or other noxious thing and thereby endanger human life or create a serious risk to human health.

• (2) A person is guilty of an offence if he communicates any information which he knows or believes to be false with the intention of inducing in a person anywhere in the world a belief that a noxious substance or other noxious thing is likely to be present (whether at the time the information is communicated or later) in any place and thereby endanger human life or create a serious risk to human health.

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

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

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

Sections 113 and 114: supplementary

115

• (1) For the purposes of sections 113 and 114 “substance” includes any biological agent and any other natural or artificial substance (whatever its form, origin or method of production).

• (2) For a person to be guilty of an offence under section 113(3) or 114 it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief in question.

Intelligence Services Act 1994

Amendments of Intelligence Services Act 1994

116

• (1) In section 7 of the Intelligence Services Act 1994 (c. 13) (authorisation of acts outside the British Islands), in subsection (3) —

• (a) in paragraphs (a) and (b)(i), after “the Intelligence Service” insert, in each case, “ or GCHQ ”; and

• (b) in paragraph (c), after “2(2)(a)” insert “ or 4(2)(a) ”.

• (2) After subsection (8) of that section insert—

(9) For the purposes of this section the reference in subsection (1) to an act done outside the British Islands includes a reference to any act which— (a) is done in the British Islands; but (b) is or is intended to be done in relation to apparatus that is believed to be outside the British Islands, or in relation to anything appearing to originate from such apparatus; and in this subsection “apparatus” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

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

Terrorism Act 2000

Information about acts of terrorism

117

• (1) The Terrorism Act 2000 (c. 11) is amended as follows.

• (2) After section 38 insert—