6[F1Interpretation]U.K.
[F2(A1)This section applies for the purposes of this Act.]
(1)References F3... to nuclear material are references to material which, within the meaning of the Convention, is nuclear material used for peaceful purposes.
[F4(1A)“A nuclear facility” means a facility (including associated buildings and equipment) used for peaceful purposes in which nuclear material is produced, processed, used, handled, stored or disposed of.]
[F4(1B)For the purposes of subsections (1) and (1A)—
(a)nuclear material is not used for peaceful purposes if it is used or retained for military purposes, and
(b)a facility is not used for peaceful purposes if it contains any nuclear material which is used or retained for military purposes.]
(2)If in any proceedings a question arises whether any material [F5or facility] was used for peaceful purposes, a certificate issued by or under the authority of the Secretary of State and stating that it was, or was not, so used at a time specified in the certificate shall be conclusive of that question.
(3)In any proceedings a document purporting to be such a certificate as is mentioned in subsection (2) above shall be taken to be such a certificate unless the contrary is proved.
(4)Paragraphs (a) and (b) of Article 1 of the Convention (which give the definition of “nuclear material” for the purposes of the Convention) are set out in the Schedule to this Act.
[F6(5)“Act” includes omission.]
[F6(6)“The Convention” means the Convention on the Physical Protection of Nuclear Material and Nuclear Facilities (formerly the Convention on the Physical Protection of Nuclear Material and renamed by virtue of the Amendment adopted at Vienna on 8th July 2005).]
[F6(7)“The environment” includes land, air and water and living organisms supported by any of those media.]
[F6(8)“Radioactive material” means nuclear material or any other radioactive substance which—
(a)contains nuclides that undergo spontaneous disintegration in a process accompanied by the emission of one or more types of ionising radiation, such as alpha radiation, beta radiation, neutron particles or gamma rays, and
(b)is capable, owing to its radiological or fissile properties, of—
(i)causing bodily injury to a person,
(ii)causing damage or destruction to property,
(iii)endangering a person's life, or
(iv)causing damage to the environment.]
Textual Amendments
F1S. 6 heading substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 6(7); S.I. 2009/3074, art. 2(q)
F2S. 6(A1) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 6(2); S.I. 2009/3074, art. 2(q)
F3Words in s. 6(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 6(3), Sch. 28 Pt. 5; S.I. 2009/3074, art. 2(q)(v)
F4S. 6(1A)(1B) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 6(4); S.I. 2009/3074, art. 2(q)
F5Words in s. 6(2) inserted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 6(5); S.I. 2009/3074, art. 2(q)
F6S. 6(5)-(8) substituted for s. 6(5) (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 17 para. 6(6); S.I. 2009/3074, art. 2(q)
Modifications etc. (not altering text)
C1S. 6 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.
Commencement Information
I1S. 6 wholly in force at 2.10.1991 see s. 8(2) and S.I. 1991/1716, art. 2