Nuclear Material (Offences) Act 1983

[F1 2 Offences involving preparatory acts and threats U.K.

(1) If a person, whatever his nationality, in the United Kingdom or elsewhere contravenes subsection (2), (3), (4) or (7) he shall be guilty of an offence.

(2) A person contravenes this subsection if without lawful authority—

(a) he receives, holds or deals with nuclear material, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of that material, or

(ii) being reckless as to whether, as a result of his so receiving, holding or dealing with that material, relevant injury or damage would be caused by means of that material.

(3) A person contravenes this subsection if without lawful authority—

(a) he does an act directed at a nuclear facility, or which interferes with the operation of such a facility, and

(b) he does so either—

(i) intending to cause, or for the purpose of enabling another to cause, relevant injury or damage by means of the emission of ionising radiation or the release of radioactive material, or

(ii) being reckless as to whether, as a result of his act, relevant injury or damage would be caused by means of such an emission or release.

(4) A person contravenes this subsection if he—

(a) makes a threat of a kind falling within subsection (5), and

(b) intends that the person to whom the threat is made shall fear that it will be carried out.

(5) A threat falls within this subsection if it is a threat that the person making it or any other person will cause any of the consequences set out in subsection (6) either—

(a) by means of nuclear material, or

(b) by means of the emission of ionising radiation or the release of radioactive material resulting from an act which is directed at a nuclear facility, or which interferes with the operation of such a facility.

(6) The consequences mentioned in subsection (5) are—

(a) relevant injury or damage, or

(b) damage to the environment.

(7) A person contravenes this subsection if, in order to compel a State, international organisation or person to do, or abstain from doing, any act, he threatens that he or any other person will obtain nuclear material by an act which, whether by virtue of section 1(1) above or otherwise, is an offence mentioned in section 1(1)(c) above.

(8) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

(9) In this section references to relevant injury or damage are references to death or to injury or damage of a type which constitutes an element of any offence mentioned in section 1(1)(a) or (b) above.]

Textual Amendments

F1 Ss. 2, 2A substituted for s. 2 (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 4 (with Sch. 27 para. 26); S.I. 2009/3074, art. 2(q)

Modifications etc. (not altering text)

C1 Ss. 1-4 extended (Isle of Man) (with modifications) (10.12.2009) by The Nuclear Material (Offences) Act 1983 (Isle of Man) Order 2009 (S.I. 2009/3203), arts. 1, 3, Sch.