Anti-terrorism, Crime and Security Act 2001 (c. 24)

Part 6 U.K. Weapons of Mass Destruction

Supplemental provisions relating to sections 47 and 50 U.K.

53 [F1 Revenue and Customs prosecutions] U.K.

(1) Proceedings for a nuclear weapons offence may be instituted [F2 by [F3 the Director of Public Prosecutions] or by order of the Commissioners for Her Majesty’s Revenue and Customs][F4 if 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 [F5 by order of the Commissioners] under subsection (1) shall be commenced in the name of an officer [F6 of Revenue and Customs] , but may be continued by another officer.

(4) Where the Commissioners F7 . . . 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) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) This section does not apply to the institution of proceedings in Scotland.

Textual Amendments

F1 S. 53: heading substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(e); S.I. 2005/1126, art. 2(h)

F2 Words in s. 53(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(a)(i); S.I. 2005/1126, art. 2(h)

F3 Words in s. 53(1) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 18

F4 Words in s. 53(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(a)(ii); S.I. 2005/1126, art. 2(h)

F5 Words in s. 53(3) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(b)(i); S.I. 2005/1126, art. 2(h)

F6 Words in s. 53(3) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(b)(ii); S.I. 2005/1126, art. 2(h)

F7 Words in s. 53(4) omitted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(c); S.I. 2005/1126, art. 2(h)

F8 S. 53(6) omitted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 52, 53, Sch. 4 para. 87(d), Sch. 5; S.I. 2005/1126, art. 2(h)(i)

Modifications etc. (not altering text)

C1 Ss. 50-56 extended (with modifications) (22.4.2005) by The Chemical Weapons (Overseas Territories) Order 2005 (S.I. 2005/854), art. 3, Schs. 2, 3, 4A, 5A, 8A

C2 S. 53(2) modified (E.W.N.I.) (prosp.) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94, Sch. 6 para. 43

C3 S. 53(2) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 43 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)