Anti-terrorism, Crime and Security Act 2001

79 Prohibition of disclosures relating to nuclear security E+W+S+N.I.

(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;

• [F1 “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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Amendments (Textual)

F1 Words in s. 79(4) substituted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 10(2); S.I. 2005/877, art. 2(1), Sch. 1