Anti-terrorism, Crime and Security Act 2001

77 Regulation of security of civil nuclear industry

(1) The Secretary of State may make regulations for the purpose of ensuring the security of—

(a) nuclear sites and other nuclear premises;

(b) nuclear material used or stored on nuclear sites or other nuclear premises and equipment or software used or stored on such sites or premises in connection with activities involving nuclear material;

(c) other radioactive material used or stored on nuclear sites and equipment or software used or stored on nuclear sites in connection with activities involving other radioactive material;

(d) sensitive nuclear information which is in the possession or control of anyone who is (or is expected to be) involved in activities on, or in relation to, any nuclear site or other nuclear premises;

(e) nuclear material which is being (or is expected to be)—

(i) transported within the United Kingdom or its territorial sea;

(ii) transported (outside the United Kingdom and its territorial sea) to or from any nuclear site or other nuclear premises in the United Kingdom; or

(iii) carried on board a United Kingdom ship;

(f) information relating to the security of anything mentioned in paragraphs (a) to (e).

(2) The regulations may, in particular—

(a) require a person to produce for the approval of the Secretary of State a plan for ensuring the security of anything mentioned in subsection (1) and to comply with the plan as approved by the Secretary of State;

(b) require compliance with any directions given by the Secretary of State;

(c) impose requirements in relation to any activities by reference to the approval of the Secretary of State;

(d) create summary offences or offences triable either way;

(e) make provision for the purposes mentioned in subsection (1) corresponding to any provision which may be made for the general purposes of Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 15(2), (3)(c) and (4) to (8) of that Act (health and safety regulations);

(f) make provision corresponding to any provision which may be made by virtue of section 43(2) to (5), (8) and (9) of that Act (fees), in connection with the performance by or on behalf of the Secretary of State or any other specified body or person of functions under the regulations; and

(g) apply (with or without modifications), or make provision corresponding to, any provision contained in sections 19 to 42 and 44 to 47 of that Act.

(3) An offence under the regulations may be made punishable—

(a) in the case of an offence triable either way—

(i) on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both); and

(ii) on summary conviction, with imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); or

(b) in the case of a summary offence, with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).

(4) The regulations may make—

(a) provision applying to acts done outside the United Kingdom by United Kingdom persons;

(b) different provision for different purposes; and

(c) such incidental, supplementary and transitional provision as the Secretary of State considers appropriate.

(5) Before making the regulations the Secretary of State shall consult—

(a) the Health and Safety Commission; and

(b) such other persons as he considers appropriate.

(6) The power to make the regulations is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this section—

• “nuclear material” and “nuclear site” have the same meaning as in section 76;

• “other nuclear premises” means premises other than a nuclear site on which nuclear material is used or stored;

• “sensitive nuclear information” means—

  (a)

  information relating to, or capable of use in connection with, any treatment of uranium that increases the proportion of the isotope 235 contained in the uranium; or

  (b)

  information relating to activities carried out on or in relation to nuclear sites or other nuclear premises which appears to the Secretary of State to be information which needs to be protected in the interests of national security;

• “United Kingdom ship” means a ship registered in the United Kingdom under Part 2 of the Merchant Shipping Act 1995 (c. 21)

(8) Any sums received by virtue of provision made under subsection (2)(f) shall be paid into the Consolidated Fund.