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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)A person commits an offence if—
(a)he provides instruction or training in any of the skills mentioned in subsection (3); and
(b)at the time he provides the instruction or training, he knows that a person receiving it intends to use the skills in which he is being instructed or trained—
(i)for or in connection with the commission or preparation of acts of terrorism or Convention offences; or
(ii)for assisting the commission or preparation by others of such acts or offences.
(2)A person commits an offence if—
(a)he receives instruction or training in any of the skills mentioned in subsection (3); and
(b)at the time of the instruction or training, he intends to use the skills in which he is being instructed or trained—
(i)for or in connection with the commission or preparation of acts of terrorism or Convention offences; or
(ii)for assisting the commission or preparation by others of such acts or offences.
(3)The skills are—
(a)the making, handling or use of a noxious substance, or of substances of a description of such substances;
(b)the use of any method or technique for doing anything else that is capable of being done for the purposes of terrorism, in connection with the commission or preparation of an act of terrorism or Convention offence or in connection with assisting the commission or preparation by another of such an act or offence; and
(c)the design or adaptation for the purposes of terrorism, or in connection with the commission or preparation of an act of terrorism or Convention offence, of any method or technique for doing anything.
(4)It is irrelevant for the purposes of subsections (1) and (2)—
(a)whether any instruction or training that is provided is provided to one or more particular persons or generally;
(b)whether the acts or offences in relation to which a person intends to use skills in which he is instructed or trained consist of one or more particular acts of terrorism or Convention offences, acts of terrorism or Convention offences of a particular description or acts of terrorism or Convention offences generally; and
(c)whether assistance that a person intends to provide to others is intended to be provided to one or more particular persons or to one or more persons whose identities are not yet known.
(5)A person guilty of an offence under this section shall be liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;
(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;
(c)on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(6)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (c. 44), the reference in subsection (5)(b) to 12 months is to be read as a reference to 6 months.
(7)In this section—
“noxious substance” means—
a dangerous substance within the meaning of Part 7 of the Anti-terrorism, Crime and Security Act 2001 (c. 24); or
any other substance which is hazardous or noxious or which may be or become hazardous or noxious only in certain circumstances;
“substance” includes any natural or artificial substance (whatever its origin or method of production and whether in solid or liquid form or in the form of a gas or vapour) and any mixture of substances.
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