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European Communities Act 1972

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[F111[F2EU offences]. U.K.

(1)A person who, in sworn evidence before the [F3the European Court] , makes any statement which he knows to be false or does not believe to be true shall, whether he is a British subject or not, be guilty of an offence and may be proceeded against and punished—

(a)in England and Wales as for an offence against section 1(1) of the M1Perjury Act 1911; or

(b)in Scotland as for an offence against [F4section 44(1) of the Criminal Law (Consolidation) (Scotland) Act 1995]; or

(c)in Northern Ireland as for an offence against [F5Article 3(1) of the M2Perjury (Northern Ireland) Order 1979].

Where a report is made as to any such offence under the authority of the [F3the European Court] then a bill of indictment for the offence may, [F6in England or Wales or] in Northern Ireland, be preferred as in a case where a prosecution is ordered under [F6section 9 of the M3Perjury Act 1911 or][F5Article 13 of the M4Perjury (Northern Ireland) Order 1979], but the report shall not be given in evidence on a person’s trial for the offence.

(2)Where a person (whether a British subject or not) owing either—

(a)to his duties as a member of any Euratom institution or committee, or as an officer or servant of Euratom; or

(b)to his dealings in any capacity (official or unofficial) with any Euratom institution or installation or with any Euratom joint enterprise;

has occasion to acquire, or obtain cognisance of, any classified information, he shall be guilty of a misdemeanour if, knowing or having reason to be believe that it is classified information, he communicates it to any unauthorised person or makes any public disclosure of it, whether in the United Kingdom or elsewhere and whether before or after the termination of those duties or dealings; and for this purpose “classified information” means any facts, information, knowledge, documents or objects that are subject to the security rules of a member State or of any Euratom institution.

This subsection shall be construed, and the M5Official Secrets Acts 1911 to 1939 shall have effect, as if this subsection were contained in the Official Secrets Act 1911, but so that in that Act sections 10 and 11, except section 10(4), shall not apply.

(3)This section shall not come into force until the entry date.]

Textual Amendments

F1Act repealed (31.1.2020 at 11.00 p.m. subject to savings for implementation period in ss. 1A, 1B of the repealing Act) by European Union (Withdrawal) Act 2018 (c. 16), ss. 1, 25(4) (with savings relating to retention of existing EU law in ss. 2-7, Sch. 1, Sch. 8 para. 37) (as amended by European Union (Withdrawal Agreement) Act 2020 (c. 1), ss. 1, 2, 25, 36(c), 42(7), Sch. 5 para. 55; S.I. 2020/75, reg. 4); S.I. 2019/1198, reg. 2)

F2Words in s. 11 heading substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F3Words in s. 11(1) substituted (1.12.2009) by European Union (Amendment) Act 2008 (c. 7), ss. 3, 8, Sch. Pt. 1; S.I. 2009/3143, art. 2

F4Words in s. 11(1) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 8

F5Words substituted by S.I. 1979/1714 (N.I. 19), Sch. 1

Modifications etc. (not altering text)

C2S. 11(1): power to modify conferred (prosp.) by 1997 c. 47, s. 7(2)

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