2.—(1) Subject to regulation 3—
(a)no person within the United Kingdom, and
(b)no United Kingdom person(1) outside the United Kingdom,
shall disclose to any person anywhere in the world any equipment or software to which paragraph (3) applies or any information to which paragraph (4) applies with the intention of assisting or enabling, or being reckless as to whether the disclosure might assist or enable, any person (whether the person to whom the disclosure is made or any other person) to undertake a specified activity.
(2) For the purposes of these Regulations, a person is reckless as to whether a disclosure made by him might assist or enable any person who is undertaking or proposes to undertake a specified activity to undertake that activity if–
(a)at the time he makes the disclosure—
(i)he has recognised that the disclosure would create a risk that any person who is undertaking or proposes to undertake a specified activity might be assisted or enabled to undertake that activity; or
(ii)he is indifferent as to whether the disclosure would create such a risk or not; or
(b)the disclosure creates an obvious risk that any person who is undertaking or proposes to undertake a specified activity might be assisted or enabled to undertake that activity, but at the time he makes the disclosure he has failed to give any thought to the possibility that the disclosure would create such a risk.
(3) The equipment and software to which this paragraph applies are—
(a)enrichment equipment;
(b)any equipment specifically designed or adapted to be used to manufacture enrichment equipment;
(c)any equipment specifically designed or adapted to be used to adapt any equipment which, following its adaptation, remains or becomes enrichment equipment;
(d)any equipment specifically designed or adapted to be used to test the proper working of enrichment equipment; and
(e)any software specifically designed or adapted to be used in connection with the use of any equipment falling within any of subparagraphs (a) to (d).
(4) The information to which this paragraph applies is any information about–
(a)any equipment or software to which paragraph (3) applies or the construction, testing or evaluation of such equipment;
(b)any equipment or software which is no longer in existence but, during its existence, was equipment or software to which paragraph (3) applies;
(c)any design for any equipment or software which, were it to be manufactured or produced in accordance with the design, would be equipment or software to which paragraph (3) applies; and
(d)the method of use of any equipment or software mentioned in any of subparagraphs (a) to (c),
where (in any such case) the information would assist or enable a specified activity to be undertaken.
The definition of “United Kingdom person” in section 81(2) and (3) of 2001 c. 24 was amended by section 2(3) of 2002 c. 8.