European Communities Act 1972

11 Community offences. U.K.

(1) A person who, in sworn evidence before the European Court [F1 or any court attached thereto], 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 M1 Perjury Act 1911; or

(b) in Scotland as for an offence against section 1 of the M2 False Oaths (Scotland) Act 1933; or

(c) in Northern Ireland as for an offence against [F2 Article 3(1) of the M3 Perjury (Northern Ireland) Order 1979].

Where a report is made as to any such offence under the authority of the European Court [F1 or any court attached thereto] then a bill of indictment for the offence may, [F3 in England or Wales or] in Northern Ireland, be preferred as in a case where a prosecution is ordered under [F3 section 9 of the M4 Perjury Act 1911 or][F2 Article 13 of the M5 Perjury (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 M6 Official 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

F1 Words inserted by European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 2(b)

F2 Words substituted by S.I. 1979/1714 (N.I. 19), Sch. 1

F3 Words repealed (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6) Sch. 2

Modifications etc. (not altering text)

C1 S. 11 excluded (N.I.) by Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), s. 2(2), Sch. 2 para. 3

Marginal Citations

M1 1911 c. 6(39:3).

M2 1933 c. 20(39:3).

M3 S.I. 1979/1714 (N.I. 19).

M4 1911 c. 6(39:3).

M5 S.I. 1979/1714 (N.I. 19).

M6 1911 c. 28(39:2).