Anti-terrorism, Crime and Security Act 2001

• Citation: 2001 c. 24
• Sections: 370

Section 1 Forfeiture of terrorist property

(1) Schedule 1 (which makes provision for enabling property which—

(a) is intended to be used for the purposes of terrorism,

(b) consists of resources of an organisation which is a proscribed organisation, or

(c) is, or represents, property obtained through terrorism,

to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff) is to have effect.

(2) The powers conferred by Schedule 1 are exercisable in relation to property whether or not any proceedings have been brought for an offence in connection with the property .

(3) Expressions used in this section have the same meaning as in Schedule 1.

(4) Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.

(5) An order under section 127 bringing Schedule 1 into force may make any modifications of any code of practice then in operation under Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) which the Secretary of State thinks necessary or expedient.

Section 2 Amendments relating to section 1

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(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) is amended as follows.

(5) In paragraph 1—

(a) in paragraph (a), for “section 24” substitute “ the terrorist cash provisions ” , and

(b) after paragraph (b) insert—

and “ the terrorist cash provisions ” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

(6) In paragraphs 2, 3 and 6(1), at the end insert “or the terrorist cash provisions”.

(7) In paragraph 5, after “Act” insert “ or the terrorist cash provisions ” .

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Section 3 Terrorist property: amendments

Schedule 2 contains amendments to the Terrorism Act 2000.

Section 4 Power to make order

(1) The Treasury may make a freezing order if the following two conditions are satisfied.

(2) The first condition is that the Treasury reasonably believe that—

(a) action to the detriment of the United Kingdom’s economy (or part of it) has been or is likely to be taken by a person or persons, or

(b) action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.

(3) If one person is believed to have taken or to be likely to take the action the second condition is that the person is—

(a) the government of a country or territory outside the United Kingdom, or

(b) a resident of a country or territory outside the United Kingdom.

(4) If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection (3); and different persons may fall within different paragraphs.

Section 5 Contents of order

(1) A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order.

(2) The order must provide that these are the persons who are prohibited—

(a) all persons in the United Kingdom, and

(b) all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.

(3) The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available—

(a) the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section 4;

(b) any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons.

(4) A person may be specified under subsection (3) by—

(a) being named in the order, or

(b) falling within a description of persons set out in the order.

(5) The description must be such that a reasonable person would know whether he fell within it.

(6) Funds are financial assets and economic benefits of any kind.

Section 6 Contents: further provisions

Schedule 3 contains further provisions about the contents of freezing orders.

Section 7 Review of order

The Treasury must keep a freezing order under review.

Section 8 Duration of order

A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.

Section 9 Nationals and residents

(1) A national of the United Kingdom 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.

(2) A resident of the United Kingdom is—

(a) an individual who is ordinarily resident in the United Kingdom,

(b) a body incorporated under the law of any part of the United Kingdom, or

(c) a Scottish partnership.

(3) A resident of a country or territory outside the United Kingdom is—

(a) an individual who is ordinarily resident in such a country or territory, or

(b) a body incorporated under the law of such a country or territory.

(4) For the purposes of subsection (3)(b) a branch situated in a country or territory outside the United Kingdom of—

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) a Scottish partnership,

is to be treated as a body incorporated under the law of the country or territory where the branch is situated.

(5) This section applies for the purposes of this Part.

Section 10 Procedure for making freezing orders

(1) A power to make a freezing order is exercisable by statutory instrument.

(2) A freezing order—

(a) must be laid before Parliament after being made;

(b) ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).

(3) The relevant period is a period of 28 days starting with the day on which the order is made.

(4) In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(5) If the Treasury propose to make a freezing order in the belief that the condition in section 4(2)(b) is satisfied, they must not make the order unless they consult the Secretary of State.

Section 11 Procedure for making certain amending orders

(1) This section applies if—

(a) a freezing order is made specifying by description (rather than by name) the person or persons to whom or for whose benefit funds are not to be made available,

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name the person or persons (or any of the persons) to whom or for whose benefit funds are not to be made available, and

(c) the Treasury reasonably believe that the person or persons named fall within the description contained in the freezing order and the further order contains a statement of the Treasury’s belief.

(2) This section also applies if—

(a) a freezing order is made specifying by name the person or persons to whom or for whose benefit funds are not to be made available,

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name a further person or further persons to whom or for whose benefit funds are not to be made available, and

(c) the Treasury reasonably believe that the further person or persons fall within the same description as the person or persons specified in the freezing order and the further order contains a statement of the Treasury’s belief.

(3) This section also applies if—

(a) a freezing order is made, and

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify (whether by name or description) fewer persons to whom or for whose benefit funds are not to be made available.

(4) If this section applies, a statutory instrument containing the further order is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 12 Procedure for revoking orders

A statutory instrument containing an order revoking a freezing order (without re-enacting it) is subject to annulment in pursuance of a resolution of either House of Parliament.

Section 13 De-hybridisation

If apart from this section an order under this Part would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Section 14 Orders: supplementary

(1) Where this Part confers a power to make provision, different provision may be made for different purposes.

(2) An order under this Part may include supplementary, incidental, saving or transitional provisions.

(3) Nothing in this Part affects the generality of subsection (2).

Section 15 The Crown

(1) A freezing order binds the Crown, subject to the following provisions of this section.

(2) No contravention by the Crown of a provision of a freezing order makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Nothing in this section affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

Section 16 Repeals

(1) These provisions shall cease to have effect—

(a) section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) (Treasury’s power to prohibit action on certain orders as to gold etc );

(b) section 55 of the Finance Act 1968 (c. 44) (meaning of security in section 2 of 1964 Act).

(2) Subsection (1) does not affect a reference which—

(a) is to a provision referred to in that subsection, and

(b) is contained in a provision made under an Act.

Section 17 Extension of existing disclosure powers

(1) This section applies to the provisions listed in Schedule 4, so far as they authorise the disclosure of information.

(2) Each of the provisions to which this section applies shall have effect, in relation to the disclosure of information by or on behalf of a public authority, as if the purposes for which the disclosure of information is authorised by that provision included each of the following—

(a) the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b) the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(c) the purposes of the initiation or bringing to an end of any such investigation or proceedings;

(d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3) The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this section applies.

(4) The Treasury shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(5) No disclosure of information shall be made by virtue of this section unless the public authority by which the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

(6) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

(7) The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.

Section 18 Restriction on disclosure of information for overseas purposes

(1) Subject to subsections (2) and (3), the Secretary of State may give a direction which—

(a) specifies any overseas proceedings or any description of overseas proceedings; and

(b) prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.

(2) In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure authorised by any of the provisions to which section 17 applies which—

(a) is made for a purpose mentioned in subsection (2)(a) to (d) of that section; and

(b) is a disclosure of any such information as is described in the direction.

(3) The Secretary of State shall not give a direction under this section unless it appears to him that the overseas proceedings in question, or that overseas proceedings of the description in question, relate or would relate—

(a) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of the United Kingdom, or of a particular part of the United Kingdom;

(b) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of a third country; or

(c) to a matter that would fall within paragraph (a) or (b)—

(i) if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and

(ii) if (where one does not exist) a court or other authority with the necessary jurisdiction or functions existed in the United Kingdom, in the part of the United Kingdom in question or, as the case may be, in the third country in question.

(4) A direction under this section shall not have the effect of prohibiting—

(a) the making of any disclosure by a Minister of the Crown or by the Treasury; or

(b) the making of any disclosure in pursuance of an assimilated obligation .

(5) A direction under this section—

(a) may prohibit the making of disclosures absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in it; and

(b) must be published or otherwise issued by the Secretary of State in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it.

(6) A person who, knowing of any direction under this section, discloses any information in contravention of that direction shall be guilty of an offence and liable—

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

(b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.

(7) The following are overseas proceedings for the purposes of this section—

(a) criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;

(b) a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.

(8) References in this section, in relation to any proceedings or investigation, to a third country are references to any country or territory outside the United Kingdom which is not the country or territory where the proceedings are taking place, or will or may take place or, as the case may be, is not the country or territory of the authority which is conducting the investigation, or which will or may conduct it.

(9) In this section “ court ” includes a tribunal of any description.

Section 19 Disclosure of information held by revenue departments

(1) This section applies to information which is held by or on behalf of the Commissioners of Inland Revenue or by or on behalf of the Commissioners of Customs and Excise, including information obtained before the coming into force of this section.

(2) No obligation of secrecy imposed by statute or otherwise prevents the disclosure, in accordance with the following provisions of this section, of information to which this section applies if the disclosure is made—

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(b) for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(c) for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(d) for the purposes of the initiation or bringing to an end of any such investigation or proceedings; or

(e) for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3) No disclosure of information to which this section applies shall be made by virtue of this section unless the person by whom the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

(4) Information to which this section applies shall not be disclosed by virtue of this section except by the Commissioners by or on whose behalf it is held or with their authority.

(5) Information obtained by means of a disclosure authorised by subsection (2) shall not be further disclosed except—

(a) for a purpose mentioned in that subsection; and

(b) with the consent of the Commissioners by whom or with whose authority it was initially disclosed;

and information so obtained otherwise than by or on behalf of any of the intelligence services shall not be further disclosed (with or without such consent) to any of those services, or to any person acting on behalf of any of those services, except for a purpose mentioned in paragraphs (b) to (e) of that subsection.

(6) A consent for the purposes of subsection (5) may be given either in relation to a particular disclosure or in relation to disclosures made in such circumstances as may be specified or described in the consent.

(7) Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the data protection legislation .

(8) References in this section to information which is held on behalf of the Commissioners of Inland Revenue or of the Commissioners of Customs and Excise include references to information which—

(a) is held by a person who provides services to the Commissioners of Inland Revenue or, as the case may be, to the Commissioners of Customs and Excise; and

(b) is held by that person in connection with the provision of those services.

(9) In this section —

“ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“ intelligence service ” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(10) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

Section 20 Interpretation of Part 3

(1) In this Part—

“ criminal investigation ” means an investigation of any criminal conduct, including an investigation of alleged or suspected criminal conduct and an investigation of whether criminal conduct has taken place;

“ information ” includes—

documents; and

in relation to a disclosure authorised by a provision to which section 17 applies, anything that falls to be treated as information for the purposes of that provision;

“ public authority ” has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42); and

“ subordinate legislation ” has the same meaning as in the Interpretation Act 1978 (c. 30).

(2) Proceedings outside the United Kingdom shall not be taken to be criminal proceedings for the purposes of this Part unless the conduct with which the defendant in those proceedings is charged is criminal conduct or conduct which, to a substantial extent, consists of criminal conduct.

(3) In this section—

“ conduct ” includes acts, omissions and statements; and

“ criminal conduct ” means any conduct which—

constitutes one or more criminal offences under the law of a part of the United Kingdom; or

is, or corresponds to, conduct which, if it all took place in a particular part of the United Kingdom, would constitute one or more offences under the law of that part of the United Kingdom.

Section 21 Suspected international terrorist: certification

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Section 22 Deportation, removal, &c.

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Section 23 Detention

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Section 24 Bail

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Section 25 Certification: appeal

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Section 26 Certification: review

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Section 27 Appeal and review: supplementary

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Section 28 Review of sections 21 to 23

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Section 29 Duration of sections 21 to 23

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Section 30 Legal proceedings: derogation

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Section 31 Interpretation

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Section 32 Channel Islands and Isle of Man

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Section 33 Certificate that Convention does not apply

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Section 34 Construction

(1) Articles 1(F) and 33(2) of the Refugee Convention (exclusions: war criminals, national security, &c.) shall not be taken to require consideration of the gravity of—

(a) events or fear by virtue of which Article 1(A) would or might apply to a person if Article 1(F) did not apply, or

(b) a threat by reason of which Article 33(1) would or might apply to a person if Article 33(2) did not apply.

(2) In this section “ the Refugee Convention ” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to the Convention.

Section 35 Status of Commission

At the end of section 1 of the Special Immigration Appeals Commission Act 1997 (c. 68) insert—

(3) The Commission shall be a superior court of record.

(4) A decision of the Commission shall be questioned in legal proceedings only in accordance with—

(a) section 7, or

(b) section 30(5)(a) of the Anti-terrorism, Crime and Security Act 2001 (derogation).

Section 36 Destruction of fingerprints

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Section 37 Meaning of racial hatred

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Section 38 Meaning of fear and hatred

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Section 39 Religiously aggravated offences

(1) Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).

(2) In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ” .

(3) In section 28 (meaning of racially aggravated)—

(a) in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ” ;

(b) in subsections (1) and (2) for “racial group” substitute “ racial or religious group ” ;

(c) in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”

(4) In section 28 after subsection (4) insert—

(5) In this section “ religious group ” means a group of persons defined by reference to religious belief or lack of religious belief.

(5) In each of the provisions listed in subsection (6)—

(a) in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ” ;

(b) in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ” .

(6) The provisions are—

(a) section 29 (assaults);

(b) section 30 (criminal damage);

(c) section 31 (public order offences);

(d) section 32 (harassment etc.).

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(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 40 Racial hatred offences: penalties

In section 27(3) of the Public Order Act 1986 (c. 64) (penalties for racial hatred offences) for “two years” substitute “ seven years ” .

Section 41 Hatred and fear offences: penalties

In Article 16(1) of the Public Order (Northern Ireland) Order 1987 ( S.I. 1987/ 463 (N.I. 7)) (penalties for offences involving stirring up hatred or arousing fear) for “2 years” substitute “ 7 years ” .

Section 42 Saving

This Part does not apply to anything done before it comes into force.

Section 43 Transfers of biological agents and toxins

In section 1 of the Biological Weapons Act 1974 (c. 6) (restriction on development etc. of certain biological agents and toxins and of biological weapons), after subsection (1) insert—

(1A) A person shall not—

(a) transfer any biological agent or toxin to another person or enter into an agreement to do so, or

(b) make arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so,

if the biological agent or toxin is likely to be kept or used (whether by the transferee or any other person) otherwise than for prophylactic, protective or other peaceful purposes and he knows or has reason to believe that that is the case.

Section 44 Extraterritorial application of biological weapons offences

After section 1 of the Biological Weapons Act 1974 insert—

Extraterritorial application of section 1

(1A)

(1) Section 1 applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(2) Proceedings for an offence committed under section 1 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.

(3) Her Majesty may by Order in Council extend the application of section 1, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.

(4) In this section “ United Kingdom person ” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom.

(5) 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.

(6) Nothing in this section affects any criminal liability arising otherwise than under this section.

Section 45 Customs and Excise prosecutions for biological weapons offences

Before section 2 of the Biological Weapons Act 1974 (c. 6) insert—

Customs and Excise prosecutions

(1B)

(1) Proceedings for a biological weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved—

(a) the development or production outside the United Kingdom of any thing mentioned in section 1(1)(a) or (b) above;

(b) the movement of any such thing into or out of any country or territory;

(c) any proposal or attempt to do anything falling within paragraph (a) or (b) above.

(2) In this section “ biological weapons offence ” means an offence under section 1 of this Act or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

(3) Any proceedings for an offence which are instituted under subsection (1) above shall be commenced in the name of an officer, but may be continued by another officer.

(4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that a biological weapons offence has been committed, or

(b) whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

(5) Nothing in this section affects any power of any person (including any officer) apart from this section.

(6) In this section “ officer ” means a person commissioned by the Commissioners of Customs and Excise.

(7) This section does not apply to the institution of proceedings in Scotland.

Section 46 Customs and Excise prosecutions for chemical weapons offences

Before section 31 of the Chemical Weapons Act 1996 (c. 6) insert—

Customs and Excise prosecutions

(30A)

(1) Proceedings for a chemical weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved—

(a) the development or production outside the United Kingdom of a chemical weapon;

(b) the movement of a chemical weapon into or out of any country or territory;

(c) any proposal or attempt to do anything falling within paragraph (a) or (b).

(2) In this section “ chemical weapons offence ” means an offence under section 2 above or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

(3) Any proceedings for an offence which are instituted under subsection (1) shall be commenced in the name of an officer, but may be continued by another officer.

(4) Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—

(a) whether there are grounds for believing that a chemical weapons offence has been committed, or

(b) whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

(5) Nothing in this section affects any power of any person (including any officer) apart from this section.

(6) In this section “ officer ” means a person commissioned by the Commissioners of Customs and Excise.

(7) This section does not apply to the institution of proceedings in Scotland.

Section 47 Use etc. of nuclear weapons

(1) A person who—

(a) knowingly causes a nuclear weapon explosion;

(b) develops or produces, or participates in the development or production of, a nuclear weapon;

(c) has a nuclear weapon in his possession;

(d) participates in the transfer of a nuclear weapon; or

(e) engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon,

is guilty of an offence.

(2) Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49.

(3) For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which—

(a) facilitates the development by another of the capability to produce or use a nuclear weapon, or

(b) facilitates the making by another of a nuclear weapon,

knowing or having reason to believe that his act has (or will have) that effect.

(4) For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if—

(a) he buys or otherwise acquires it or agrees with another to do so;

(b) he sells or otherwise disposes of it or agrees with another to do so; or

(c) he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so.

(5) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6) In this section “ nuclear weapon ” includes a nuclear explosive device that is not intended for use as a weapon.

(7) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(8) Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection.

(9) Paragraph (a) of subsection (1) shall cease to have effect on the coming into force of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7).

Section 48 Exceptions

(1) Nothing in section 47 applies—

(a) to an act which is authorised under subsection (2); or

(b) to an act done in the course of an armed conflict.

(2) The Secretary of State may—

(a) authorise any act which would otherwise contravene section 47 in such manner and on such terms as he thinks fit; and

(b) withdraw or vary any authorisation given under this subsection.

(3) Any question arising in proceedings for an offence under section 47 as to whether anything was done in the course of an armed conflict shall be determined by the Secretary of State.

(4) A certificate purporting to set out any such determination and to be signed by the Secretary of State shall be received in evidence in any such proceedings and shall be presumed to be so signed unless the contrary is shown.

Section 49 Defences

(1) In proceedings for an offence under section 47(1)(c) or (d) relating to an object it is a defence for the accused to show that he did not know and had no reason to believe that the object was a nuclear weapon.

(2) But he shall be taken to have shown that fact if—

(a) sufficient evidence is adduced to raise an issue with respect to it; and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(3) In proceedings for such an offence it is also a defence for the accused to show that he knew or believed that the object was a nuclear weapon but, as soon as reasonably practicable after he first knew or believed that fact, he took all reasonable steps to inform the Secretary of State or a constable of his knowledge or belief.

Section 50 Assisting or inducing certain weapons-related acts overseas

(1) A person who aids, abets, counsels or procures, or incites, a person who is not a United Kingdom person to do a relevant act outside the United Kingdom is guilty of an offence.

(2) For this purpose a relevant act is an act that, if done by a United Kingdom person, would contravene any of the following provisions—

(a) section 1 of the Biological Weapons Act 1974 (offences relating to biological agents and toxins);

(b) section 2 of the Chemical Weapons Act 1996 (offences relating to chemical weapons); or

(c) section 47 above (offences relating to nuclear weapons).

(3) Nothing in this section applies to an act mentioned in subsection (1) which—

(a) relates to a relevant act which would contravene section 47; and

(b) is authorised by the Secretary of State;

and section 48(2) applies for the purpose of authorising acts that would otherwise constitute an offence under this section.

(4) A person accused of an offence under this section in relation to a relevant act which would contravene a provision mentioned in subsection (2) may raise any defence which would be open to a person accused of the corresponding offence ancillary to an offence under that provision.

(5) A person convicted of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6) This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(7) Nothing in this section prejudices any criminal liability existing apart from this section.