[F1SCHEDULE 1U.K. Security Provisions Applicable by Order under S.2]

Textual Amendments

Modifications etc. (not altering text)

C1Sch. 1 extended (24.3.1993) by 1993/687, arts. 1,2.

1U.K.In this Schedule “the specified body corporate”, in relation to an order made under section 2 of this Act, means the body corporate specified in that order, as being a body to whom the Minister has granted a permit as mentioned in subsection (1B) of that section, and “site to which a permit applies” means a site in respect of which a permit so granted to the specified body corporate is for the time being in force.

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

Textual Amendments

3(1)Every site to which a permit applies shall, for the purposes of section 3(c) of the M1Official Secrets Act 1911 (which provides that places belonging to or used for the purposes of Her Majesty may be declared by order of the Secretary of State to be prohibited places for the purposes of that Act), be deemed to be a place belonging to or used for the purposes of Her Majesty.U.K.

(2)No person other than—

(a)a constable acting in the execution of his duty as such, or

(b)an officer of customs and excise or inland revenue, acting in the execution of his duty as such, [F3or

(bb)a person designated as an inspector of the International Atomic Energy Agency under article 85 of the Agreement made on 6th September 1976 for the application of Safeguards in the United Kingdom in connection with the Treaty on the Non-Proliferation of Nuclear Weapons (Cmnd. 6730)] [F4 or under Article 11 of the Additional Protocol (within the meaning of the Nuclear Safeguards Act 2000)]or

(c)an inspector appointed under section 24 of this Act, or

[F5(cc) an inspector appointed under section 19 of the M2 Health and Safety at Work etc. Act 1974 and specially authorised in that behalf by or on behalf of a Minister of the Crown, or ]

(d)an officer of any government department specially authorised in that behalf by or on behalf of a Minister of the Crown [F6or a member of the staff of the Scottish Administration specially authorised in that behalf by or on behalf of the Scottish Ministers],

shall, except with the consent of the specified body corporate and in accordance with any conditions imposed by them, be entitled to exercise any right of entry (whether arising by virtue of any statutory provision or otherwise) upon any site which is for the time being declared to be a prohibited place by virtue of an order made under the said section 3(c) as extended by the preceding subparagraph:

Provided that any person aggrieved by a refusal of the specified body corporate to consent to, or by conditions imposed by that body on, the exercise of any such right of entry may apply to the Minister who may, if he thinks fit, himself authorise the exercise of the right subject to such conditions, if any, as he may think fit to impose.

Textual Amendments

F3 “or” and para. (bb) added at the end of para. (b) by Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25, SIF 8), s. 2(3)(a)

F4Words in Sch. 1 para. 3(2)(bb) inserted (1.5.2004) by Nuclear Safeguards Act 2000 (c. 5), ss. 11(2), 12(2) (with s. 12(3)); S.I. 2004/1242, arts. 2, 3

F5Para. 3(2)(cc) added (E.W.)(S.) by S.I. 1974/2056

F6Words in Sch. 1 para. 3(2)(d) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 38(5) (with art. 5); S.I. 1998/3178, art. 3

Marginal Citations

4F7(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

F9(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

5(1)The specified body corporate shall comply with any directions which the Minister may give to them for the purpose of safeguarding information in the interests of national security; and a direction under this sub-paragraph may in particular require the specified body corporate to terminate the employment of any person specified in the direction who is an officer of, or employed by, that body or may require that body not to appoint a person so specified to be an officer of, or to any employment under, that body.U.K.

(2)The specified body corporate shall also comply with any directions given to them by the Minister with respect to the safe-keeping of material of any description specified in the directions, whether in the interests of national security or of safety.

(3)The Minister may with the approval of the Treasury make grants out of moneys provided by Parliament for reimbursing to the specified body corporate, in whole or in part, any expenses incurred by that body in complying with any directions given under sub-paragraph (1) of this paragraph and any directions given under sub-paragraph (2) of this paragraph with respect to the safe-keeping of material in the interests of national security.

6(1)Except with the consent of the Minister the specified body corporate shall not terminate on security grounds the employment of any person employed by them.U.K.

(2)In this paragraph “security grounds” means grounds which are grounds for dismissal from the civil service of Her Majesty, in accordance with any arrangements for the time being in force relating to dismissals from that service for reasons of national security.

7U.K.In the application of this Schedule to Northern Ireland—

(a)in paragraph 3(2)(d) the reference to a government department shall be construed as including a reference to a department of the Government of Northern Ireland; and

F10(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Section 22(5).

[F11F12SCHEDULE 2]U.K. Inquiries under s. 22(5)

Textual Amendments

F11Schedule as originally enacted re-numbered Sch. 2 by Atomic Energy Authority Act 1971 (c. 11), s.17(6)

Modifications etc. (not altering text)

C3Sch. 2 repealed (E.W.)(S.) by S.I. 1974/2056

C5Sch. 2 amended by S. I. 1988/1222, regs. 3, 4; 1990/1380, arts. 3, 4

C6Sch. 2 modified (7.3.1994) by S.R. 1994/1, reg. 3

1U.K.An inquiry in pursuance of a direction under section 22(5) of this Act with respect to any occurrence shall be held by a competent person appointed by the Minister, and that person may conduct the inquiry either alone or with the assistance of an assessor or assessors so appointed.

2U.K.The Minister may pay to the person appointed to hold the inquiry and to any assessor appointed to assist him such remuneration and allowances as the Minister may, with the approval of the Treasury, determine.

3U.K.The person appointed to hold the inquiry (hereafter in this Schedule referred to as “the court”) shall hold the inquiry in such manner and under such conditions as the court thinks most effectual for ascertaining the causes, circumstances and effects of the occurrence and for enabling the court to make the report hereafter in this Schedule mentioned.

4U.K.The court shall, for the purposes of the inquiry, have power—

(a)to enter and inspect any place or building the entry or inspection whereof appears to the court requisite for the said purposes;

(b)by summons signed by the court to require any person to attend, at such time and place as is specified in the summons, to give evidence or produce any documents in his custody or under his control which the court considers it necessary for the purposes of the inquiry to examine;

(c)to require a person appearing at the inquiry to furnish to any other person appearing thereat, on payment of such fee, if any, as the court thinks fit, a copy of any document offered, or proposed to be offered, in evidence by the first-mentioned person;

(d)to take evidence on oath, and for that purpose to administer oaths, or, instead of administering an oath, to require the person examined to make and subscribe a declaration of the truth of the matter respecting which he is examined;

(e)to adjourn the inquiry from time to time; and

(f)subject to the foregoing sub-paragraphs, to regulate the procedure of the court.

5U.K.A person attending as a witness before the court shall be entitled to be paid by the Minister such expenses as would be allowed to a witness attending on subpoena before a court of record, and any dispute as to the amount to be so allowed shall be referred by the court to a master of the Supreme Court who, on request signed by the court, shall ascertain and certify the proper amount of the expenses.

6U.K.The court shall make a report to the Minister stating the causes, circumstances and effects of the occurrence, adding any observations which the court thinks it right to make, and the Minister shall cause copies of the report, or so much thereof as it is not in his opinion inconsistent with the interests of national security to disclose, to be laid before Parliament.

7U.K.If any person—

(a)without reasonable excuse (proof whereof shall lie on him), and after having the expenses (if any) to which he is entitled tendered to him, fails to comply with any summons or requisition of the court; or

(b)does any other thing which would, if the court had been a court of law having power to commit for contempt, have been contempt of that court,

the court may, by instrument signed by the court, certify the offence of that person to the High Court or, in Scotland, the Court of Session, and the High Court or Court of Session may thereupon inquire into the alleged offence and after hearing any witnesses who may be produced against or on behalf of the person charged with the offence, and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court or, as the case may be, the Court of Session.

8U.K.In the application of this Schedule to Scotland, for references to a master of the Supreme Court, to a witness attending on subpoena before a court of record, and to a summons there shall be respectively substituted references to the Auditor of the Court of Session, to a witness attending on citation the High Court of Justiciary, and to an order.