Law

Anti-terrorism, Crime and Security Act 2001

United Kingdom · statute

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In force since 2024-04-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 135 provisions

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135 provisions

40 Racial hatred offences: penalties

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

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41 Hatred and fear offences: penalties

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

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42 Saving

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

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43 Transfers of biological agents and toxins

In section 1 of the Biological Weapons Act 1974 (c. 6) (restriction on development etc. of certain biological agents and toxins and of biological weapons), after subsection (1) insert— (1A) A person shall not— (a) transfer any biological agent or toxin to another person or enter into an agreement to do so, or (b) make arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so, if the biological agent or toxin is likely to be kept or used (whether by the transferee or any other person) otherwise than for prophylactic, protective or other peaceful purposes and he knows or has reason to believe that that is the case.

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44 Extraterritorial application of biological weapons offences

After section 1 of the Biological Weapons Act 1974 insert— Extraterritorial application of section 1 1A (1) Section 1 applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person. (2) Proceedings for an offence committed under section 1 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom. (3) Her Majesty may by Order in Council extend the application of section 1, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony. (4) In this section “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom. (5) For this purpose a United Kingdom national is an individual who is— (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or (c) a British protected person within the meaning of that Act. (6) Nothing in this section affects any criminal liability arising otherwise than under this section.

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45 Customs and Excise prosecutions for biological weapons offences

Before section 2 of the Biological Weapons Act 1974 (c. 6) insert— Customs and Excise prosecutions 1B (1) Proceedings for a biological weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved— (a) the development or production outside the United Kingdom of any thing mentioned in section 1(1)(a) or (b) above; (b) the movement of any such thing into or out of any country or territory; (c) any proposal or attempt to do anything falling within paragraph (a) or (b) above. (2) In this section “biological weapons offence” means an offence under section 1 of this Act or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence). (3) Any proceedings for an offence which are instituted under subsection (1) above shall be commenced in the name of an officer, but may be continued by another officer. (4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that a biological weapons offence has been committed, or (b) whether a person should be prosecuted for such an offence, that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979. (5) Nothing in this section affects any power of any person (including any officer) apart from this section. (6) In this section “officer” means a person commissioned by the Commissioners of Customs and Excise. (7) This section does not apply to the institution of proceedings in Scotland.

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46 Customs and Excise prosecutions for chemical weapons offences

Before section 31 of the Chemical Weapons Act 1996 (c. 6) insert— Customs and Excise prosecutions 30A (1) Proceedings for a chemical weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved— (a) the development or production outside the United Kingdom of a chemical weapon; (b) the movement of a chemical weapon into or out of any country or territory; (c) any proposal or attempt to do anything falling within paragraph (a) or (b). (2) In this section “chemical weapons offence” means an offence under section 2 above or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence). (3) Any proceedings for an offence which are instituted under subsection (1) shall be commenced in the name of an officer, but may be continued by another officer. (4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that a chemical weapons offence has been committed, or (b) whether a person should be prosecuted for such an offence, that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979. (5) Nothing in this section affects any power of any person (including any officer) apart from this section. (6) In this section “officer” means a person commissioned by the Commissioners of Customs and Excise. (7) This section does not apply to the institution of proceedings in Scotland.

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47 Use etc. of nuclear weapons

(1) A person who— (a) knowingly causes a nuclear weapon explosion; (b) develops or produces, or participates in the development or production of, a nuclear weapon; (c) has a nuclear weapon in his possession; (d) participates in the transfer of a nuclear weapon; or (e) engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon, is guilty of an offence. (2) Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49. (3) For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which— (a) facilitates the development by another of the capability to produce or use a nuclear weapon, or (b) facilitates the making by another of a nuclear weapon, knowing or having reason to believe that his act has (or will have) that effect. (4) For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if— (a) he buys or otherwise acquires it or agrees with another to do so; (b) he sells or otherwise disposes of it or agrees with another to do so; or (c) he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so. (5) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life. (6) In this section “nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon. (7) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person. (8) Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection. (9) Paragraph (a) of subsection (1) shall cease to have effect on the coming into force of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7).

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48 Exceptions

(1) Nothing in section 47 applies— (a) to an act which is authorised under subsection (2); or (b) to an act done in the course of an armed conflict. (2) The Secretary of State may— (a) authorise any act which would otherwise contravene section 47 in such manner and on such terms as he thinks fit; and (b) withdraw or vary any authorisation given under this subsection. (3) Any question arising in proceedings for an offence under section 47 as to whether anything was done in the course of an armed conflict shall be determined by the Secretary of State. (4) A certificate purporting to set out any such determination and to be signed by the Secretary of State shall be received in evidence in any such proceedings and shall be presumed to be so signed unless the contrary is shown.

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49 Defences

(1) In proceedings for an offence under section 47(1)(c) or (d) relating to an object it is a defence for the accused to show that he did not know and had no reason to believe that the object was a nuclear weapon. (2) But he shall be taken to have shown that fact if— (a) sufficient evidence is adduced to raise an issue with respect to it; and (b) the contrary is not proved by the prosecution beyond reasonable doubt. (3) In proceedings for such an offence it is also a defence for the accused to show that he knew or believed that the object was a nuclear weapon but, as soon as reasonably practicable after he first knew or believed that fact, he took all reasonable steps to inform the Secretary of State or a constable of his knowledge or belief.

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50 Assisting or inducing certain weapons-related acts overseas

(1) A person who aids, abets, counsels or procures, or incites, a person who is not a United Kingdom person to do a relevant act outside the United Kingdom is guilty of an offence. (2) For this purpose a relevant act is an act that, if done by a United Kingdom person, would contravene any of the following provisions— (a) section 1 of the Biological Weapons Act 1974 (offences relating to biological agents and toxins); (b) section 2 of the Chemical Weapons Act 1996 (offences relating to chemical weapons); or (c) section 47 above (offences relating to nuclear weapons). (3) Nothing in this section applies to an act mentioned in subsection (1) which— (a) relates to a relevant act which would contravene section 47; and (b) is authorised by the Secretary of State; and section 48(2) applies for the purpose of authorising acts that would otherwise constitute an offence under this section. (4) A person accused of an offence under this section in relation to a relevant act which would contravene a provision mentioned in subsection (2) may raise any defence which would be open to a person accused of the corresponding offence ancillary to an offence under that provision. (5) A person convicted of an offence under this section is liable on conviction on indictment to imprisonment for life. (6) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person. (7) Nothing in this section prejudices any criminal liability existing apart from this section.

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51 Extraterritorial application

(1) Proceedings for an offence committed under section 47 or 50 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom. (2) Her Majesty may by Order in Council extend the application of section 47 or 50, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

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52 Powers of entry

(1) If— (a) a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 47 or 50 is to be found on any premises; or (b) in Scotland the sheriff is satisfied by evidence on oath as mentioned in paragraph (a), he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them. (2) The powers of a person who enters the premises under the authority of the warrant include power— (a) to take with him such other persons and such equipment as appear to him to be necessary; (b) to inspect, seize and retain any substance, equipment or document found on the premises; (c) to require any document or other information which is held in electronic form and is accessible from the premises to be produced in a form— (i) in which he can read and copy it; or (ii) from which it can readily be produced in a form in which he can read and copy it; (d) to copy any document which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50. (3) A constable who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may— (a) give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and (b) search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50. (4) No constable shall search a person of the opposite sex. (5) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable. (6) A person who— (a) wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or (b) fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power, is guilty of an offence. (7) A person guilty of an offence under subsection (6) is liable— (a) on summary conviction, to a fine not exceeding the statutory maximum; and (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both). (8) In this section “authorised officer” means an authorised officer of the Secretary of State.

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53 Revenue and Customs prosecutions

(1) Proceedings for a nuclear weapons offence may be instituted by the Director of Public Prosecutions or by order of the Commissioners for Her Majesty’s Revenue and Customsif it appears to the Director or to the Commissioners that the offence has involved— (a) the development or production outside the United Kingdom of a nuclear weapon; (b) the movement of a nuclear weapon into or out of any country or territory; (c) any proposal or attempt to do anything falling within paragraph (a) or (b). (2) In this section “nuclear weapons offence” means an offence under section 47 or 50 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence). (3) Any proceedings for an offence which are instituted by order of the Commissioners under subsection (1) shall be commenced in the name of an officer of Revenue and Customs , but may be continued by another officer. (4) Where the Commissioners . . . investigate, or propose to investigate, any matter with a view to determining— (a) whether there are grounds for believing that a nuclear weapons offence has been committed, or (b) whether a person should be prosecuted for such an offence, that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2). (5) Nothing in this section affects any powers of any person (including any officer) apart from this section. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) This section does not apply to the institution of proceedings in Scotland.

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54 Offences

(1) A person who knowingly or recklessly makes a false or misleading statement for the purpose of obtaining (or opposing the variation or withdrawal of) authorisation for the purposes of section 47 or 50 is guilty of an offence. (2) A person guilty of an offence under subsection (1) is liable— (a) on summary conviction, to a fine of an amount not exceeding the statutory maximum; (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both). (3) Where an offence under section 47, 50 or subsection (1) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) a director, manager, secretary or other similar officer of the body corporate; or (b) any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (4) In subsection (3) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

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55 Consent to prosecutions

Proceedings for an offence under section 47 or 50 shall not be instituted— (a) in England and Wales, except by or with the consent of the Attorney General; (b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland .

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56 Interpretation of Part 6

(1) In this Part “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom. (2) For this purpose a United Kingdom national is an individual who is— (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or (c) a British protected person within the meaning of that Act.

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57 Power to extend Part 6 to dependencies

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

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

(1) Schedule 5 (which lists the pathogens and toxins in relation to which the requirements of this Part apply) has effect. (2) The Secretary of State may by order modify any provision of Schedule 5 (including the notes). (3) The Secretary of State may not add any pathogen or toxin to that Schedule unless he is satisfied that the pathogen or toxin could be used in an act of terrorism to endanger life or cause serious harm to human health. (4) In this Part “dangerous substance” means— (a) anything which consists of or includes a substance for the time being mentioned in Schedule 5; or (b) anything which is infected with or otherwise carries any such substance. (5) But something otherwise falling within subsection (4) is not to be regarded as a dangerous substance if— (a) it satisfies prescribed conditions; or (b) it is kept or used in prescribed circumstances.

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

(1) The occupier of any premises must give a notice to the Secretary of State before any dangerous substance is kept or used there. (2) Subsection (1) does not apply to premises in respect of which a notice has previously been given under that subsection (unless it has been withdrawn). (3) The occupier of any premises in respect of which a notice has been given may withdraw the notice if no dangerous substance is kept or used there. (4) A notice under this section must— (a) identify the premises in which the substance is kept or used; (b) identify any building or site of which the premises form part; and (c) contain such other particulars (if any) as may be prescribed. (5) The occupier of any premises in which any dangerous substance is kept or used on the day on which this section comes into force must give a notice under this section before the end of the period of one month beginning with that day. (6) Where— (a) a substance which is kept or used in any premises becomes a dangerous substance by virtue of a modification of Schedule 5, but (b) no other dangerous substance is kept or used there, the occupier of the premises must give a notice under this section before the end of the period of one month beginning with the day on which that modification comes into force.

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60 Information about security of dangerous substances

(1) A constable may give to the occupier of any relevant premises a notice requiring him to give the chief officer of police such information as is specified or described in the notice by a time so specified and in a form and manner so specified. (2) The required information must relate to— (a) any dangerous substance kept or used in the premises; or (b) the measures taken (whether by the occupier or any other person) to ensure the security of any such substance. (3) In this Part references to measures taken to ensure the security of any dangerous substance kept or used in any relevant premises include— (a) measures taken to ensure the security of any building or site of which the premises form part; and (b) measures taken for the purpose of ensuring access to the substance is given only to those whose activities require access and only in circumstances that ensure the security of the substance. (4) In this Part “relevant premises” means any premises— (a) in which any dangerous substance is kept or used, or (b) in respect of which a notice under section 59 is in force.

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61 Information about persons with access to dangerous substances

(1) A police officer of at least the rank of inspector may give to the occupier of any relevant premises a notice requiring him to give the chief officer of police a list of— (a) each person who has access to any dangerous substance kept or used there; (b) each person who, in such circumstances as are specified or described in the notice, has access to such part of the premises as is so specified or described; (c) each person who, in such circumstances as are specified or described in the notice, has access to the premises; or (d) each person who, in such circumstances as are specified or described in the notice, has access to any building or site of which the premises form part. (2) A list under subsection (1) must be given before the end of the period of one month beginning with the day on which the notice is given. (3) Where a list under subsection (1) is given, the occupier of the premises for the time being— (a) must secure that only the persons mentioned in the list are given the access identified in the list relating to them; but (b) may give a supplementary list to the chief officer of police of other persons to whom it is proposed to give access. (4) Where a supplementary list is given under subsection (3)(b), the occupier of the premises for the time being must secure that persons mentioned in that list do not have the proposed access relating to them until the end of the period of 30 days beginning with the day on which that list is given. (5) The chief officer of police may direct that a person may have such access before the end of that period. (6) The Secretary of State may by order modify the period mentioned in subsection (4). (7) Any list under this section must— (a) identify the access which the person has, or is proposed to have; (b) state the full name of that person, his date of birth, his address and his nationality; and (c) contain such other matters (if any) as may be prescribed.

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62 Directions requiring security measures

(1) A constable may give directions to the occupier of any relevant premises requiring him to take such measures to ensure the security of any dangerous substance kept or used there as are specified or described in the directions by a time so specified. (2) The directions may— (a) specify or describe the substances in relation to the security of which the measures relate; and (b) require the occupier to give a notice to the chief officer of police before any other dangerous substance specified or described in the directions is kept or used in the premises.

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63 Directions requiring disposal of dangerous substances

(1) Where the Secretary of State has reasonable grounds for believing that adequate measures to ensure the security of any dangerous substance kept or used in any relevant premises are not being taken and are unlikely to be taken, he may give a direction to the occupier of the premises requiring him to dispose of the substance. (2) The direction must— (a) specify the manner in which, and time by which, the dangerous substance must be disposed of; or (b) require the occupier to produce the dangerous substance to a person specified or described in the notice in a manner and by a time so specified for him to dispose of.

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64 Directions requiring denial of access

(1) The Secretary of State may give directions to the occupier of any relevant premises requiring him to secure that the person identified in the directions— (a) is not to have access to any dangerous substance kept or used there; (b) is not to have, in such circumstances (if any) as may be specified or described in the directions, access to such part of the premises as is so specified or described; (c) is not to have, in such circumstances (if any) as may be specified or described in the directions, access to the premises; or (d) is not to have, in such circumstances (if any) as may be specified or described in the directions, access to any building or site of which the premises form part. (2) The directions must be given under the hand of the Secretary of State. (3) The Secretary of State may not give the directions unless he believes that they are necessary in the interests of national security.

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65 Powers of entry

(1) A constable may, on giving notice under this section, enter any relevant premises, or any building or site of which the premises form part, at a reasonable time for the purpose of assessing the measures taken to ensure the security of any dangerous substance kept or used in the premises. (2) The notice must be given to the occupier of the premises, or (as the case may be) the occupier of the building or site of which the premises form part, at least 2 working days before the proposed entry. (3) The notice must set out the purpose mentioned in subsection (1). (4) A constable who has entered any premises, building or site by virtue of subsection (1) may for the purpose mentioned in that subsection— (a) search the premises, building or site; (b) require any person who appears to the constable to be in charge of the premises, building or site to facilitate any such inspection; and (c) require any such person to answer any question. (5) The powers of a constable under this section include power to take with him such other persons as appear to him to be necessary.

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66 Search warrants

(1) If, in England and Wales or Northern Ireland, on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— (a) that a dangerous substance is kept or used in any premises but that no notice under section 59 is in force in respect of the premises, or (b) that the occupier of any relevant premises is failing to comply with any direction given to him under section 62 or 63, and that any of the conditions mentioned in subsection (4) apply, he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them. (2) If, in Scotland, on an application made by the procurator fiscal the sheriff is satisfied as mentioned in subsection (1), he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them. (3) A constable may seize and retain anything which he believes is or contains a dangerous substance. (4) The conditions mentioned in subsection (1) are— (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to any substance which may be a dangerous substance; (c) that entry to the premises will not be granted unless a warrant is produced; (d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

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67 Offences

(1) An occupier who fails without reasonable excuse to comply with any duty or direction imposed on him by or under this Part is guilty of an offence. (2) A person who, in giving any information to a person exercising functions under this Part, knowingly or recklessly makes a statement which is false or misleading in a material particular is guilty of an offence. (3) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both); and (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

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68 Bodies corporate

(1) If an offence under this Part committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) any officer, or (b) any other employee of the body corporate who is in charge of any relevant premises or the access to any dangerous substance kept or used there, he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. (2) In this section “officer”, in relation to a body corporate, means— (a) any director, manager, secretary or other similar officer of the body corporate; or (b) any person purporting to act in any such capacity. (3) Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

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69 Partnerships and unincorporated associations

(1) Proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of any of its members). (2) A fine imposed on the partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association. (3) Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate. (4) In proceedings for an offence brought against the partnership or association— (a) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate; (b) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (procedure) apply as they do in relation to a body corporate; (c) section 18 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure) apply as they do in relation to a body corporate. (5) If an offence under this Part committed by a partnership is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) a partner or a person purporting to act as a partner, or (b) any employee of the partnership who is in charge of any relevant premises or the access to any dangerous substance kept or used there, he, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly. (6) If an offence under this Part committed by an unincorporated association is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— (a) any officer, or (b) any employee of the association who is in charge of any relevant premises or the access to any dangerous substance kept or used there, he, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly. (7) In subsection (6) “officer”, in relation to any association, means— (a) any officer of the association or any member of its governing body; or (b) any person purporting to act in such a capacity.

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70 Denial of access: appeals

(1) There shall be a commission, to be known as the Pathogens Access Appeal Commission. (2) Any person aggrieved by directions given under section 64 may appeal to the Commission. (3) The Commission must allow an appeal if it considers that the decision to give the directions was flawed when considered in the light of the principles applicable on an application for judicial review. (4) A party to any appeal under this section which the Commission has determined may bring a further appeal on a question of law to— (a) the Court of Appeal, if the first appeal was heard in England and Wales; (b) the Court of Session, if the first appeal was heard in Scotland; or (c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland. (5) An appeal under subsection (4) may be brought only with the permission of— (a) the Commission; or (b) where the Commission refuses permission, the court to which the appeal would be brought. (6) Schedule 6 (constitution of the Commission and procedure) has effect.

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71 Other appeals

(1) Any person who is required to do any act in response to— (a) any notice under section 60, or (b) any directions under section 62 or 63, may appeal to a magistrates’ court against the requirement on the ground that, having regard to all the circumstances of the case, it is unreasonable to be required to do that act. (2) An appeal may not be brought after the end of the period of one month beginning with the day on which the notice or directions were given. (3) If the magistrates’ court allows the appeal, it may— (a) direct that the required act need not be done; or (b) make such modification of the requirement as it considers appropriate. (4) An appeal shall lie to the Crown Court against any decision of the magistrates’ court. (5) Subsections (1) to (3) apply to Scotland with the substitution for references to the magistrates’ court of references to the sheriff. (6) The appeal to the sheriff is by way of summary application. (7) A further appeal shall lie— (a) to the sheriff principal from the decision of the sheriff; and (b) with the leave of the sheriff principal, to the Court of Session from the decision of the sheriff principal. (8) In the application of this section to Northern Ireland references to a magistrates’ court are to a court of summary jurisdiction.

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72 Giving of directions or notices

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

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73 Orders and regulations

(1) The power to make an order or regulations under this Part is exercisable by statutory instrument. (2) A statutory instrument containing an order under section 58 shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (3) A statutory instrument containing— (a) an order under section 61, or (b) regulations under section 58, 59 or 61, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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74 Interpretation of Part 7

(1) In this Part— “act of terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11); “chief officer of police” means— in relation to any premises in England and Wales , the chief officer of police for the area in which the premises are situated; and in relation to any premises in Scotland, the chief constable of the Police Service of Scotland; and in relation to any premises in Northern Ireland, the Chief Constable of the Police Service of Northern Ireland; “dangerous substance” has the meaning given in section 58; “direction” means a direction in writing; “notice” means a notice in writing; “occupier” includes a partnership or unincorporated association and, in relation to premises that are unoccupied, means any person entitled to occupy the premises; “prescribed” means prescribed in regulations made by the Secretary of State; and “relevant premises” has the meaning given in section 60. (2) In this Part references to measures taken to ensure the security of any dangerous substance are to be construed in accordance with section 60.

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

(1) The Secretary of State may, in relation to anything to which this section applies, make an order applying, or making provision corresponding to, any provision of this Part, with or without modifications. (2) This section applies to— (a) toxic chemicals (within the meaning of the Chemical Weapons Act 1996 (c. 6)); (b) animal pathogens; (c) plant pathogens; and (d) pests. (3) The power under this section may be exercised in relation to any chemical only if the Secretary of State is satisfied that the chemical could be used in an act of terrorism to endanger life or cause serious harm to human health. (4) The power under this section may be exercised in relation to any pathogen or pest only if the Secretary of State is satisfied that there is a risk that the pathogen or pest is of a description that could be used in an act of terrorism to cause— (a) widespread damage to property; (b) significant disruption to the public; or (c) significant alarm to the public. (5) An order under this section may— (a) provide for any reference in the order to an instrument or other document to take effect as a reference to that instrument or document as revised or re-issued from time to time; (b) make different provision for different purposes; and (c) make such incidental, supplementary and transitional provision as the Secretary of State thinks fit. (6) A statutory instrument containing an order under this section shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

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76 Atomic Energy Authority special constables

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77 Regulation of security of civil nuclear industry

(1) The Secretary of State may make regulations for the purpose of ensuring the security of— (a) nuclear sites and other nuclear premises; (b) nuclear material used or stored on nuclear sites or other nuclear premises and equipment or software used or stored on such sites or premises in connection with activities involving nuclear material; (c) other radioactive material used or stored on nuclear sites and equipment or software used or stored on nuclear sites in connection with activities involving other radioactive material; (cza) nuclear construction sites and equipment used or stored on such sites; (ca) equipment or software in the United Kingdom which— (i) is capable of being used in, or in connection with, the enrichment of uranium; and (ii) is in the possession or control of a person involved in uranium enrichment activities; (d) sensitive nuclear information which is in the possession or control in the United Kingdom of— (i) a person who is involved in activities on or in relation to a nuclear site or nuclear premises or who is proposing or likely to become so involved; (ii) a person involved in uranium enrichment activities; or (iii) a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii); (e) nuclear material which is being (or is expected to be)— (i) transported within the United Kingdom or its territorial sea; (ii) transported (outside the United Kingdom and its territorial sea) to or from any nuclear site or other nuclear premises in the United Kingdom; or (iii) carried on board a United Kingdom ship; (f) information relating to the security of anything mentioned in paragraphs (a) to (e). (2) The regulations may, in particular— (a) require a person to produce for the approval of the Secretary of State a plan for ensuring the security of anything mentioned in subsection (1) and to comply with the plan as approved by the Secretary of State; (b) require compliance with any directions given by the Secretary of State; (c) impose requirements in relation to any activities by reference to the approval of the Secretary of State; (d) create summary offences or offences triable either way; (e) make provision for the purposes mentioned in subsection (1) corresponding to any provision which may be made for the general purposes of Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 15(2), (3)(c) and (4) to (8) of that Act (health and safety regulations); (f) make provision corresponding to any provision which may be made by virtue of section 43(2) to (5), (8) and (9) of that Act (fees), in connection with the performance by or on behalf of the Secretary of State or any other specified body or person of functions under the regulations; and (g) apply (with or without modifications), or make provision corresponding to, any provision contained in sections 19 to 42 and 44 to 47 of that Act. (3) An offence under the regulations may be made punishable— (a) in the case of an offence triable either way— (i) on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both); and (ii) on summary conviction, with imprisonment for a term not exceeding 12 months (in ... or Scotland) or the general limit in a magistrates’ court (in England and Wales) or 6 months (in Northern Ireland), or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland and Northern Ireland), or both; or (b) in the case of a summary offence, with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both). (3A) In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (3)(a)(ii), as it has effect in England and Wales, is to be read as a reference to 6 months. (4) The regulations may make— (a) provision applying to acts done outside the United Kingdom by United Kingdom persons; (b) different provision for different purposes; and (c) such incidental, supplementary and transitional provision as the Secretary of State considers appropriate. (5) Before making the regulations the Secretary of State shall consult— (a) the Office for Nuclear Regulation ; and (b) such other persons as he considers appropriate. (6) The power to make the regulations is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. (6A) References in this section to a person involved in uranium enrichment activities are references to a person who is or is proposing to become involved in any of the following activities (whether in the United Kingdom or elsewhere)— (a) the enrichment of uranium; (b) activities carried on with a view to, or in connection with, the enrichment of uranium; (c) the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or (d) activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c). (7) In this section— “enrichment of uranium” means a treatment of uranium that increases the proportion of isotope 235 contained in the uranium; “equipment” includes equipment that has not been assembled and its components; “nuclear construction site” means a site— on which works are being carried out with a view to its becoming a nuclear site used wholly or mainly for purposes other than defence purposes; and which 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; or information 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.

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78 Repeals relating to security of civil nuclear installations

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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79 Prohibition of disclosures relating to nuclear security

(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.

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