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2004 No. 1818

ATOMIC ENERGY AND RADIOACTIVE SUBSTANCES

PREVENTION AND SUPPRESSION OF TERRORISM

The Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004

  Made 14th July 2004 
  Coming into force 11th August 2004 

Whereas a draft of these Regulations has been laid before Parliament in accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972[1] and section 80(7) of the Anti-terrorism, Crime and Security Act 2001[2] and has been approved by each House of Parliament:

     Now, therefore, the Secretary of State, being a Minister designated[3] for the purposes of section 2(2) of that Act of 1972 in relation to information society services, in exercise of the powers conferred upon her by that section and by section 80(2), (4)[4], and (5)(a) and (c) of that Act of 2001, hereby makes the following Regulations:

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004 and shall come into force on the twenty-eighth day after the day on which they are made.

    (2) In these Regulations-

Prohibition on disclosure of uranium enrichment technology
     2.  - (1) Subject to regulation 3-

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-

    (3) The equipment and software to which this paragraph applies are-

    (4) The information to which this paragraph applies is any information about-

where (in any such case) the information would assist or enable a specified activity to be undertaken.

Exempt disclosures
     3.  - (1) Regulation 2 does not prohibit disclosure if-

    (2) Regulation 2 does not prohibit disclosure of equipment or software by parting with possession of it to the extent that the person making the disclosure-

    (3) Regulation 2 does not prohibit disclosure of information which, at the time of the disclosure, has previously been made available to the general public anywhere in the world otherwise than in contravention of section 80(3) of the Act or of any other prohibition breach of which was an offence at the time when it was so made available (including, in a case in which it was made available outside but not within the United Kingdom, an offence under the law of one or more of the places where it was made available).

    (4) Regulation 2 does not prohibit the doing of any thing the prohibition of which would be contrary to a Community obligation of the United Kingdom.

Authorisation of disclosures
     4.  - (1) On the application of any person or otherwise, the Secretary of State may authorise-

which would otherwise be prohibited by regulation 2.

    (2) An authorisation-

    (3) The Secretary of State may require-

    (4) Where on an application for an authorisation the Secretary of State proposes not to grant the authorisation, she shall give the applicant written notice of her proposal and of the reasons for it.

    (5) The applicant may make written representations to the Secretary of State within the period of 28 days following the date on which the notice under paragraph (4) is given.

    (6) The Secretary of State shall take into account any such representations before deciding whether to grant the authorisation.

    (7) If the Secretary of State decides not to grant the authorisation, she shall give the applicant written notice of her decision and of the reasons for it.

    (8) This paragraph applies where the applicant for an authorisation-

and the authorisation is granted.

    (9) In any circumstances to which paragraph (8) applies-

Withdrawal or variation of authorisations
    
5.  - (1) The Secretary of State may withdraw or vary an authorisation by written notice to each person to whom notice of the authorisation was given under regulation 4(2); and in this regulation, such a person is referred to as an "interested party".

    (2) A notice given under paragraph (1) shall specify the reasons for the decision to withdraw or vary the authorisation (as the case may be).

    (3) The withdrawal or variation of an authorisation shall take effect for each interested party upon the receipt by him of the notice given under paragraph (1).

    (4) An interested party may make representations to the Secretary of State within 28 days of the date on which the notice is given to him.

    (5) The Secretary of State shall take into account any such representations before reaching a decision whether to set aside or vary the notice given under paragraph (1), and shall give written notice to every interested party of her decision.

    (6) A decision under paragraph (5) shall have immediate effect.

    (7) A decision under paragraph (5) to vary a notice given under paragraph (1) shall not cause any disclosure not to be authorised which would have been authorised if the notice had not been varied.

    (8) This paragraph applies where an interested party, in making representations under paragraph (4)-

and the notice given under paragraph (1) is set aside or varied under paragraph (5).

    (9) In any circumstances to which paragraph 8 applies,-

Sending and giving of applications, information, representations and notices
    
6.  - (1) In this regulation-

    (2) A written document may be sent or given to the intended recipient by-

    (3) No written document may be sent or given by means of an electronic communication unless either-

    (4) A written document may be sent or given-

    (5) For the purposes of this regulation and of section 7 of the Interpretation Act 1978[12] in its application to this regulation, the proper address (except in a case falling within paragraph (7)) of-

    (6) Where, by virtue of the above provisions of this regulation, the proper address of the intended recipient of a written document is outside the United Kingdom, references in this regulation to the proper address of-

    (7) Where a written document is to be given or sent by means of an electronic communication, the proper address of any person includes the number or address which he has indicated is to be used by him for receipt of the communication.

Supplementary provisions about offences
     7.  - (1) Proceedings for an offence under section 80(3) of the Act alleged to have been committed outside the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

    (2) In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings, the court may, upon application by the prosecution in the course of proceedings for an offence under section 80(3) of the Act, order all or any portion of the public to be excluded during any part of the hearing if it considers that the publication of any evidence to be given or of any statement to be made in the course of the hearing would be prejudicial to national security; but the passing of sentence shall in any case take place in public.

    (3) In proceedings for an offence under section 80(3) of the Act relating to the disclosure of information, it shall not be necessary to prove that, at the time of the disclosure, the information had not been made available to the general public as provided in regulation 3(3) unless the defence adduces evidence to the contrary.

The Electronic Commerce (EC Directive) Regulations 2002
    
8. The Electronic Commerce (EC Directive) Regulations 2002[13] shall apply to these Regulations notwithstanding regulation 3(2) of those Regulations.


Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services, Department of Trade and Industry

14th July 2004



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prohibit the disclosure of certain equipment, software and information relating to
uranium enrichment technology. By virtue of section 80(8) of the Anti-terrorism, Crime and Security Act 2001, "disclosure" includes parting with possession of things (including equipment). Section 80(8) also defines "information" as including software: but in these Regulations, "information" is defined as not including software, which is dealt with separately in the Regulations.

Paragraph (1) of regulation 2 contains the prohibition: it covers both intentional and reckless disclosures; and applies not only to disclosures within the United Kingdom but also to disclosures by "United Kingdom persons" (as defined by section 81(2) and (3) of the 2001 Act) abroad. Paragraph (2) defines "reckless". Paragraphs (3) and (4) set out the software, equipment and information to which the prohibition applies.

Regulation 3 contains exemptions.

Regulations 4 and 5 provide for the Secretary of State to authorise disclosures and for the withdrawal or variation of authorisations.

Regulation 6 makes provision for the sending or giving of written documents for the purposes of regulations 4 and 5.

Paragraph (1) of regulation 7 provides for offences committed abroad to be tried anywhere in the United Kingdom. Paragraph (2) provides for evidence in the trial of offences to be taken without the public being present. Paragraph (3) provides that the prosecution do not have to prove that information was not publicly available (since publicly available information is exempted from the prohibition by regulation 3(3)) unless the defence brings forward evidence that it was.

Regulation 8 applies the Electronic Commerce (EC Directive) Regulations 2002 ('the E-Commerce Regulations') to these Regulations. The E-Commerce Regulations transpose into national law Articles 3, 5, 6, 7(1), 10 to 14, 18(2) and 20 of Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce). However, regulation 3(2) of the E-Commerce Regulations provides that they do not apply in relation to the exercise of a power to legislate after the date on which they were made (30th July 2002), so that they do not have prospective effect.

Regulation 8 of these Regulations provides that the E-Commerce Regulations apply to them so that they must be read in a way that is compatible with the requirements of the E-Commerce Regulations.

A transposition note setting out how the main elements of Directive 2000/31/EC are transposed into law was placed in the libraries of both Houses of Parliament when the E-Commerce Regulations were laid. Copies are also available from the International Communications Unit, Department of Trade and Industry, Bay 202, 151 Buckingham Palace Road, London SW1W 9SS.

A regulatory impact assessment in respect of these Regulations may be obtained from the Department of Trade and Industry, Energy Innovation and Business Unit, 1 Victoria Street, London SW1H OET. A copy has been placed in the libraries of both Houses of Parliament.


Notes:

[1] 1972 c. 68.back

[2] 2001 c. 24.back

[3] S.I. 2001/2555.back

[4] See section 80(8) of 2001 c. 24 for the definition of "prescribed".back

[5] 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.back

[6] 1974 c. 37.back

[7] 1995 c. 25.back

[8] 1977 c. 37.back

[9] 2002 c. 28.back

[10] OJ L 159, 30.6.2000, p. 1.back

[11] 1946 c. 45.back

[12] 1978 c. 30.back

[13] S.I. 2002/2013, amended by S.I. 2004/1178.back



ISBN 0 11 049530 6


  © Crown copyright 2004

Prepared 21 July 2004


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URL: http://www.bailii.org/uk/legis/num_reg/2004/20041818.html