|
|
|
|
|
|
|
Navigation
News
|
 |
Anti-terrorism, Crime and Security Act 2001 (c. 24)(The document as of February, 2008) Page 4 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 66 Search warrants(1) If, in England and Wales or Northern Ireland, on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing-- (a) that a dangerous substance is kept or used in any premises but that no notice under section 59 is in force in respect of the premises, or (b) that the occupier of any relevant premises is failing to comply with any direction given to him under section 62 or 63, and that any of the conditions mentioned in subsection (4) apply, he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them. (2) If, in Scotland, on an application made by the procurator fiscal the sheriff is satisfied as mentioned in subsection (1), he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them. (3) A constable may seize and retain anything which he believes is or contains a dangerous substance. (4) The conditions mentioned in subsection (1) are-- (a) that it is not practicable to communicate with any person entitled to grant entry to the premises; (b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to any substance which may be a dangerous substance; (c) that entry to the premises will not be granted unless a warrant is produced; (d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them. 67 Offences(1) An occupier who fails without reasonable excuse to comply with any duty or direction imposed on him by or under this Part is guilty of an offence. (2) A person who, in giving any information to a person exercising functions under this Part, knowingly or recklessly makes a statement which is false or misleading in a material particular is guilty of an offence. (3) A person guilty of an offence under this section is liable-- (a) on conviction on indictment, to imprisonment for a term not exceeding five 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). 68 Bodies corporate(1) If an offence under this Part committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-- (a) any officer, or (b) any other employee of the body corporate who is in charge of any relevant premises or the access to any dangerous substance kept or used there, he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly. (2) In this section "officer", in relation to a body corporate, means-- (a) any director, manager, secretary or other similar officer of the body corporate; or (b) any person purporting to act in any such capacity. (3) Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. 69 Partnerships and unincorporated associations(1) Proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of any of its members). (2) A fine imposed on the partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association. (3) Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate. (4) In proceedings for an offence brought against the partnership or association-- (a) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate; (b) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (procedure) apply as they do in relation to a body corporate; (c) section 18 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure) apply as they do in relation to a body corporate. (5) If an offence under this Part committed by a partnership is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-- (a) a partner or a person purporting to act as a partner, or (b) any employee of the partnership who is in charge of any relevant premises or the access to any dangerous substance kept or used there, he, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly. (6) If an offence under this Part committed by an unincorporated association is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-- (a) any officer, or (b) any employee of the association who is in charge of any relevant premises or the access to any dangerous substance kept or used there, he, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly. (7) In subsection (6) "officer", in relation to any association, means-- (a) any officer of the association or any member of its governing body; or (b) any person purporting to act in such a capacity. 70 Denial of access: appeals(1) There shall be a commission, to be known as the Pathogens Access Appeal Commission. (2) Any person aggrieved by directions given under section 64 may appeal to the Commission. (3) The Commission must allow an appeal if it considers that the decision to give the directions was flawed when considered in the light of the principles applicable on an application for judicial review. (4) A party to any appeal under this section which the Commission has determined may bring a further appeal on a question of law to-- (a) the Court of Appeal, if the first appeal was heard in England and Wales; (b) the Court of Session, if the first appeal was heard in Scotland; or (c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland. (5) An appeal under subsection () may be brought only with the permission of-- (a) the Commission; or (b) where the Commission refuses permission, the court to which the appeal would be brought. (6) Schedule 6 (constitution of the Commission and procedure) has effect. 71 Other appeals(1) Any person who is required to do any act in response to-- (a) any notice under section 60, or (b) any directions under section 62 or 63, may appeal to a magistrates' court against the requirement on the ground that, having regard to all the circumstances of the case, it is unreasonable to be required to do that act. (2) An appeal may not be brought after the end of the period of one month beginning with the day on which the notice or directions were given. (3) If the magistrates' court allows the appeal, it may-- (a) direct that the required act need not be done; or (b) make such modification of the requirement as it considers appropriate. (4) An appeal shall lie to the Crown Court against any decision of the magistrates' court. (5) Subsections (1) to (3) apply to Scotland with the substitution for references to the magistrates' court of references to the sheriff. (6) The appeal to the sheriff is by way of summary application. (7) A further appeal shall lie-- (a) to the sheriff principal from the decision of the sheriff; and (b) with the leave of the sheriff principal, to the Court of Session from the decision of the sheriff principal. (8) In the application of this section to Northern Ireland references to a magistrates' court are to a court of summary jurisdiction. 72 Giving of directions or noticesAny direction or notice under this Part may be given by post. 73 Orders and regulations(1) The power to make an order or regulations under this Part is exercisable by statutory instrument. (2) A statutory instrument containing an order under section 58 shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. (3) A statutory instrument containing-- (a) an order under section 61, or (b) regulations under section 58, 59 or 61, shall be subject to annulment in pursuance of a resolution of either House of Parliament. 74 Interpretation of Part 7(1) In this Part--
(2) In this Part references to measures taken to ensure the security of any dangerous substance are to be construed in accordance with section 60. 75 Power to extend Part 7 to animal or plant pathogens, pests or toxic chemicals(1) The Secretary of State may, in relation to anything to which this section applies, make an order applying, or making provision corresponding to, any provision of this Part, with or without modifications. (2) This section applies to-- (a) toxic chemicals (within the meaning of the Chemical Weapons Act 1996 (c. 6)); (b) animal pathogens; (c) plant pathogens; and (d) pests. (3) The power under this section may be exercised in relation to any chemical only if the Secretary of State is satisfied that the chemical could be used in an act of terrorism to endanger life or cause serious harm to human health. (4) The power under this section may be exercised in relation to any pathogen or pest only if the Secretary of State is satisfied that there is a risk that the pathogen or pest is of a description that could be used in an act of terrorism to cause-- (a) widespread damage to property; (b) significant disruption to the public; or (c) significant alarm to the public. (5) An order under this section may-- (a) provide for any reference in the order to an instrument or other document to take effect as a reference to that instrument or document as revised or re-issued from time to time; (b) make different provision for different purposes; and (c) make such incidental, supplementary and transitional provision as the Secretary of State thinks fit. (6) A statutory instrument containing an order under this section shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament. Part 8 Security of Nuclear Industry76 Atomic Energy Authority special constables(1) Section 3 of the Special Constables Act 1923 (c. 11) shall have effect as if all nuclear sites that are not for the time being designated under subsection (2) were premises under the control of the United Kingdom Atomic Energy Authority. (2) The Secretary of State may by order made by statutory instrument designate any nuclear sites which appear to him to be used wholly or mainly for defence purposes as premises to which subsection (1) does not apply. (3) An AEA constable shall have the powers and privileges (and be liable to the duties and responsibilities) of a constable anywhere within 5 kilometres of the limits of the nuclear sites to which subsection (1) applies. (4) An AEA constable shall have the powers and privileges (and be liable to the duties and responsibilities) of a constable anywhere it appears to him expedient to go-- (a) in order to safeguard any nuclear material which is being carried (or being trans-shipped or stored incidentally to its carriage) before its delivery at its final destination; or (b) in order to pursue, arrest, place in the custody of the police, or take to any premises within which the constable was appointed to act, a person who the constable reasonably believes has (or has attempted to) unlawfully remove or interfere with any nuclear material being safeguarded by the constable. (5) An AEA constable shall have the powers and privileges (and be liable to the duties and responsibilities) of a constable at any place at which he reasonably believes a particular consignment of nuclear material will be trans-shipped or stored incidentally to its carriage, in order to ensure the security of the nuclear material on its arrival at that place. (6) This section has effect in United Kingdom waters adjacent to Great Britain as it applies in Great Britain. (7) In this section--
(8) An order under subsection (2) shall be laid before Parliament after being made. (9) The power to make regulations under subsection (7) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament. 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--
(8) Any sums received by virtue of provision made under subsection (2)(f) shall be paid into the Consolidated Fund. 78 Repeals relating to security of civil nuclear installations(1) In Schedule 1 to the Nuclear Installations Act 1965 (c. 57) (security provisions applicable by order under section 2 of that Act), paragraphs 5 and 6 shall cease to have effect. (2) In section 19(1) of the Atomic Energy Authority Act 1971 (c. 11) (application of certain security provisions to designated companies), for "Paragraphs 4 to 6" and "they apply" substitute respectively "Paragraph 4" and "it applies". 79 Prohibition of disclosures relating to nuclear security(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--
(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. 80 Prohibition of disclosures of uranium enrichment technology(1) This section applies to-- (a) any information about the enrichment of uranium; or (b) any information or thing which is, or is likely to be, used in connection with the enrichment of uranium; and for this purpose "the enrichment of uranium" means any treatment of uranium that increases the proportion of the isotope 235 contained in the uranium. (2) The Secretary of State may make regulations prohibiting the disclosure of information or things to which this section applies. (3) A person who contravenes a prohibition is guilty of an offence and 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) The regulations may, in particular, provide for-- (a) a prohibition to apply, or not to apply-- (i) to such information or things; and (ii) in such cases or circumstances, as may be prescribed; (b) the authorisation by the Secretary of State of disclosures that would otherwise be prohibited; and (c) defences to an offence under subsection (3) relating to any prohibition. (5) The regulations may-- (a) provide for any prohibition to apply to acts done outside the United Kingdom by United Kingdom persons; (b) make different provision for different purposes; and (c) make such incidental, supplementary and transitional provision as the Secretary of State thinks fit. (6) The power to make the regulations is exercisable by statutory instrument. (7) The regulations shall not be made unless a draft of the regulations has been laid before and approved by each House of Parliament. (8) In this section--
81 Part 8: supplementary(1) Proceedings for an offence under section 79 or 80 shall not be instituted-- (a) in England and Wales, except by or with the consent of the Attorney General; or (b) in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland. (2) In this Part "United Kingdom person" means a United Kingdom national, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom. (3) For this purpose a United Kingdom national is an individual who is-- (a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen; (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or (c) a British protected person within the meaning of that Act. Part 9 Aviation Security82 Arrest without warrant(1) At the end of section 24(2) of the Police and Criminal Evidence Act 1984 (c. 60) (arrest without warrant: particular offences) insert-- " (u) an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (c. 36) (unauthorised presence in restricted zone or on aircraft); (v) an offence under section 39(1) of the Civil Aviation Act 1982 (c. 16) (trespass on aerodrome). " (2) At the end of Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (arrest without warrant: particular offences) insert-- " (j) an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in restricted zone or on aircraft); (k) an offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome). " (3) Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed-- (a) an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in restricted zone or on aircraft); (b) an offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome), he may arrest that person without warrant. (4) This section shall have effect in relation to an offence committed or alleged to have been committed after the end of the period of two months beginning with the day on which this Act is passed. 83 Trespass on aerodrome: penalty(1) In section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome) for "level 1 on the standard scale" substitute "level 3 on the standard scale". (2) This section shall have effect in relation to an offence committed after the end of the period of two months beginning with the day on which this Act is passed. 84 Removal of intruder(1) At the end of section 21C of the Aviation Security Act 1982 (unauthorised presence in aerodrome) add-- " (4) A constable, the manager of an aerodrome or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above. " (2) At the end of section 21D of that Act (unauthorised presence on aircraft) add-- " (3) A constable, the operator of an aircraft or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above. " 85 Aviation security servicesAfter section 20 of the Aviation Security Act 1982 (c. 36) (security directions: inspection) insert-- " 20A Aviation security services: approved providers(1) In this section "aviation security service" means a process or activity carried out for the purpose of-- (a) complying with a requirement of a direction under any of sections 12 to 14, or (b) facilitating a person's compliance with a requirement of a direction under any of those sections. (2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular aviation security service. (3) The regulations may-- (a) prohibit the provision of an aviation security service by a person who is not listed in respect of that service; (b) prohibit the use or engagement for the provision of an aviation security service of a person who is not listed in respect of that service; (c) create a criminal offence; Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 -- Back --
Stat
| |
Other
|