Criminal Justice and Immigration Act 2008

79 (1) Schedule 1 to the Terrorism Act 2006 (Convention offences) is amended as follows. U.K.

(2) In the cross-heading before paragraph 6 (offences involving nuclear material), after “material” add “ or nuclear facilities ”.

(3) In paragraph 6(1), after “section 1(1)” insert “ (a) to (d) ”.

(4) For paragraph 6(2) and (3) substitute—

“(2) An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)—

(a) is directed at a nuclear facility or interferes with the operation of such a facility, and

(b) causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.

(3) An offence under any of the following provisions of that Act—

(a) section 1B (offences relating to damage to environment);

(b) section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction);

(c) section 2 (offences involving preparatory acts and threats).

(4) Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.”

(5) After paragraph 6 insert—

“6A (1) Any of the following offences under the Customs and Excise Management Act 1979—

(a) an offence under section 50(2) or (3) (improper importation of goods) in connection with a prohibition or restriction relating to the importation of nuclear material;

(b) an offence under section 68(2) (exportation of prohibited or restricted goods) in connection with a prohibition or restriction relating to the exportation or shipment as stores of nuclear material;

(c) an offence under section 170(1) or (2) (fraudulent evasion of duty etc.) in connection with a prohibition or restriction relating to the importation, exportation or shipment as stores of nuclear material.

(2) In this paragraph “nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (see section 6 of that Act).”

Commencement Information

I1 Sch. 26 para. 79 in force at 30.11.2009 by S.I. 2009/3074, art. 2(s)