Nuclear Safeguards Bill [H.L.] - continued        House of Lords

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Restriction on disclosure.     6. - (1) This section applies to information if-
 
 
    (a) it is obtained by any person under, or in connection with anything done under, this Act or the Additional Protocol; and
 
    (b) it relates to a particular business or other activity carried on by any person.
      (2) So long as the business or activity continues to be carried on the information shall not be disclosed except-
 
 
    (a) with the consent of the person for the time being carrying on the business or activity;
 
    (b) in connection with anything done for the purposes of this Act, the Additional Protocol or the Safeguards Agreement;
 
    (c) in connection with the investigation of a criminal offence or for the purposes of criminal proceedings;
 
    (d) in connection with the enforcement of a restriction on imports or exports;
 
    (e) in dealing with an emergency involving danger to the public; or
 
    (f) with a view to ensuring the security of the United Kingdom.
      (3) A person who discloses information in contravention of this section is guilty of an offence.
 
      (4) It is not an offence under this section to disclose information which has previously been disclosed to the public otherwise than in contravention of this section.
 
      (5) A disclosure of any information to which this section applies may be made in circumstances in which any of paragraphs (b) to (f) of subsection (2) prevents there being a contravention of this section, notwithstanding any obligation as to secrecy or other restriction on disclosure that would otherwise apply.
 
Giving false or misleading information.     7. A person who knowingly or recklessly makes a statement which is false or misleading in a material particular in giving-
 
 
    (a) any information to the Secretary of State or an authorised officer for the purposes of this Act or the Additional Protocol;
 
    (b) any information to the Secretary of State in response to a requirement of regulations under section 3; or
 
    (c) any information to an Agency inspector exercising powers under section 5,
  is guilty of an offence.
 
Power to search and obtain evidence.     8. - (1) If-
 
 
    (a) a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under this Act is to be found on any premises, or
 
    (b) in Scotland a justice (within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995) is satisfied by evidence on oath as mentioned in paragraph (a) above,
  he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.
 
      (2) The powers of an authorised officer who enters the premises under the authority of the warrant include power-
 
 
    (a) to take with him such other persons and such equipment as appear to him to be necessary;
 
    (b) to inspect anything found on the premises;
 
    (c) to require any information which is held in electronic form and is accessible from the premises to be produced in a form in which he can read and copy it;
 
    (d) to copy, or to seize and remove, any document or other thing which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under this Act; and
 
    (e) to sample any substance found on the premises which he has reasonable cause to believe may be required as such evidence.
      (3) A constable who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may-
 
 
    (a) give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and
 
    (b) search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under this Act.
      (4) No constable shall, by virtue of subsection (3)(b), search a person of the opposite sex.
 
      (5) The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable.
 
      (6) A person who-
 
 
    (a) wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or
 
    (b) fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power,
  is guilty of an offence.
 
Penalty for offences and offences by bodies corporate.     9. - (1) A person guilty of an offence under any provision of this Act except section 6 or 7 is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum; and
 
    (b) on conviction on indictment, to a fine.
      (2) A person guilty of an offence under section 6 or 7 is liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum; and
 
    (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine (or both).
      (3) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of-
 
 
    (a) a director, manager, secretary or other similar officer of the body corporate, or
 
    (b) a person who was purporting to act in any such capacity,
  he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
 
      (4) In subsection (3) "director", in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.
 
      (5) Where an offence under this Act committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and may be proceeded against and punished accordingly.
 
Service of notices.     10. - (1) Any notice under this Act may be served on a person by delivering it to him, by leaving it at his proper address or by sending it by post to him at that address.
 
      (2) Any such notice may be served-
 
 
    (a) in the case of a body corporate, on the secretary or clerk of that body;
 
    (b) in the case of a partnership, on any partner or a person having control or management of the partnership business; and
 
    (c) in the case of an unincorporated association (other than a partnership), on any member of its governing body.
      (3) For the purposes of this section and section 7 of the Interpretation Act 1978 (service of documents) in its application to this section, the proper address of any person is-
 
 
    (a) in the case of a body corporate, its secretary or clerk, the address of its registered or principal office in the United Kingdom;
 
    (b) in the case of an unincorporated association (other than a partnership) or a member of its governing body, the address of its principal office in the United Kingdom; and
 
    (c) in any other case, his usual or last-known address (whether of his residence or of a place where he carries on business or is employed).
Minor and consequential amendments.     11. - (1) In section 6(3) of the Atomic Energy Authority Act 1954 (persons exempted from prohibition on entry to certain premises) in paragraph (bb), at the end there is inserted "or under Article 11 of the Additional Protocol (within the meaning of the Nuclear Safeguards Act 2000)".
 
      (2) In paragraph 3(2) of Schedule 1 to the Nuclear Installations Act 1965 (persons exempted from prohibition on entry to certain sites) in paragraph (bb), at the end there is inserted "or under Article 11 of the Additional Protocol (within the meaning of the Nuclear Safeguards Act 2000)".
 
      (3) In section 2 of the Nuclear Safeguards and Electricity (Finance) Act 1978 (rights of Agency inspectors)-
 
 
    (a) in subsection (1), after "article 85" there is inserted "of the Safeguards Agreement or Article 11 of the Additional Protocol (within the meaning of the Nuclear Safeguards Act 2000)";
 
    (b) in subsection (4), for the words from "shall be liable" to the end there is substituted "shall be guilty of an offence.
 
    "(4A) A person guilty of an offence under subsection (4) above shall be liable-
 
 
    (a) on summary conviction, to a fine not exceeding the statutory maximum; and
 
    (b) on conviction on indictment, to a fine."; and
 
    (c) after subsection (7), there is inserted-
 
    "(8) If in any proceedings any question arises whether a person at any time when purporting to exercise powers under
  this section was or was not a person designated as mentioned in subsection (1) above, a certificate issued by or under the authority of the Secretary of State stating any fact relevant to that question shall be conclusive evidence of that fact."
Short title etc.     12. - (1) This Act may be cited as the Nuclear Safeguards Act 2000.
 
      (2) This Act (except for this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
 
      (3) Nothing in this Act affects the exercise of powers exercisable under any other enactment.
 
      (4) Her Majesty may by Order in Council direct that any of the provisions of this Act or of the Nuclear Safeguards and Electricity (Finance) Act 1978 shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands, the Isle of Man or any colony.
 
      (5) This Act extends to Northern Ireland.
 
 
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Prepared 19 November 1999