Nuclear Material (Offences) Act 1983 (Jersey) Order 1991
Jersey Order in Council 28/1991
THE NUCLEAR MATERIAL (OFFENCES) ACT 1983 (JERSEY)
ORDER 1991
____________
(Registered on the 11th day of October 1991)
____________
At the Court of Buckingham Palace
____________
24th
July 1991
____________
PRESENT
The Queen’s Most Excellent Majesty in Council
HER MAJESTY, in pursuance of section 7(2)
of the Nuclear
Material (Offences) Act 1983, is pleased, by and with the advice
of Her Privy Council, to order, and it is hereby ordered, as follows –
1. This
Order may be cited as the Nuclear Material (Offences) Act 1983 (Jersey) Order 1991 and shall come into force on 2nd
October 1991.
2. Sections
1 to 4, 6 and 8 of and the Schedule to the Nuclear Material
(Offences) Act 1983 shall extend to the Bailiwick of Jersey with
exceptions, adaptations and modifications specified in the Schedule to this
Order.
G.I. DE DENEY
Clerk of the Privy Council.
SCHEDULE
(Article 2)
Exceptions, adaptions and modifications in the extension of
provisions of the Nuclear
Material (Offences) Act 1983 to the Bailiwick of Jersey
1. Any
reference to an Act of Parliament, or to a provision thereof, shall be
construed, unless the contrary intention appears, as a reference to that Act or
provision as it has effect in the Bailiwick of Jersey.
2. Any
reference to an enactment of the States of Jersey shall be construed as
including a reference thereto as amended or replaced by or under any other such
enactment.
3. For
any reference to the United
Kingdom, or to a part thereof, there shall
be substituted a reference to the Bailiwick of Jersey.
4. In
section 1(1), for paragraphs (a) to (d) there shall be substituted the
following paragraphs –
“(a) the offence
of murder, manslaughter, grave and criminal assault or malicious damage, or
(b) an offence
under Article 17 of the Fire Service (Jersey) Law 1959, or
(c) the offence of
larceny, embezzlement, robbery or breaking and entering with intent, or
(d) the offence of
fraud or blackmail,”.
5. In
section 2(5), words “on conviction of indictment” shall be omitted.
6. In
section 3 –
(a) in subsection
(1), for paragraphs (a) and (b) there shall be substituted the words
“in the Bailiwick of Jersey except by or with the consent of Her Majesty’s Attorney General for Jersey”, and
(b) subsection (2)
shall be omitted.
7. In
section 4 –
(a) in subsection
(1)(a), the words “subsections (1) and (2) of” and “in each
place” shall be omitted;
(b) in subsection
(1)(b), for “subsections (4) and (5)” there shall be substituted
“subsection (4)”, and
(c) subsections
(2) and (3) shall be omitted.
8. In
section 8, subsection (2) shall be omitted.
THE NUCLEAR MATERIAL (OFFENCES) ACT 1983
CHAPTER 18
|
ARRANGEMENT OF SECTIONS
|
|
Section
|
|
1.
|
Extended scope of certain offences.
|
|
2.
|
Offences involving preparatory acts
and threats.
|
|
3.
|
Supplemental.
|
|
4.
|
Amendments of other Acts.
|
|
5.
|
Extradition.
|
|
6.
|
Material to which the Act applies.
|
|
7.
|
Application to Channel Islands, Isle of Man, etc.
|
|
8.
|
Short title and commencement.
|
|
SCHEDULE
|
Article 1(a) and (b) of the
Convention.
|
ELIZABETH II
1983 CHAPTER 18
AN ACT to
implement the Convention on the Physical Protection of Nuclear Material; and
for purposes connected therewith.
[9th May 1983]
BE IT ENACTED by the Queen’s most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and Commons,
in this present Parliament assembled, and by the authority of the same, as
follows –
Extended scope of certain offences
1.-(1) If a person, whatever his nationality,
does outside the [Bailiwick of Jersey], in relation to or by means of nuclear
material, any act which, had he done it in any part of the [Bailiwick of
Jersey], would have made him guilty of –
[(a) the offence of
murder, manslaughter, grave and criminal assault or malicious damage, or
(b) an offence
under Article 17 of the Fire Service (Jersey) Law 1959,
or
(c) the offence of
larceny, embezzlement, robbery or breaking and entering with intent, or
(d) the offence of
fraud or blackmail,]
he shall in any part of the [Bailiwick of Jersey] be guilty of such
of the offences mentioned in paragraphs (a) to (d) above as are offences
of which the act would have made him guilty had he done it in that part of the
[Bailiwick of Jersey].
(2) In this
section and in section 2 below, “act” includes omission.
Offences involving preparatory acts and threats
2.-(1) If a person, whatever his nationality,
in the [Bailiwick of Jersey] or elsewhere contravenes subsection (2), (3) or
(4) below he shall be guilty of an offence.
(2) A person
contravenes this subsection if he receives, holds or deals with nuclear
material –
(a) intending, or for
the purpose of enabling another, to do by means of that material an act which
is an offence mentioned in paragraph (a) or (b) of subsection (1) of
section 1 above; or
(b) being reckless as
to whether another would so do such an act.
(3) A person
contravenes this subsection if he –
(a) makes to
another person a threat that he or any other person will do by means of nuclear
material such an act as is mentioned in paragraph (a) of subsection (2) above;
and
(b) intends that
the person to whom the threat is made shall fear that it will be carried out.
(4) A person
contravenes this subsection if, in order to compel a State, international
governmental 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 is an offence mentioned in paragraph (c)
of subsection (1) of section 1 above.
(5) A person
guilty of an offence under this section shall be liable * * * to imprisonment
for a term not exceeding 14 years and not exceeding the term of imprisonment to
which a person would be liable for the offence constituted by doing the
contemplated act at the place where the conviction occurs and at the time of
the offence to which the conviction relates.
(6) In subsection
(5) above “contemplated act” means, –
(a) where the
conviction relates to an offence under subsection (2) above, the act intended
or as to the doing of which the person convicted was reckless, as the case may be;
and
(b) where the
conviction relates to an offence under subsection (3) or (4) above, the act
threatened.
(7) In this
section references to an act which is an offence mentioned in paragraph (a),
(b) or (c) of subsection (1) of section 1 above are references to an act which,
by virtue of that subsection or otherwise, is an offence so mentioned.
3.-(1) Proceedings for an offence which
(disregarding the provisions of the Internationally Protected Persons Act 1978 and the Suppression of Terrorism
Act 1978) would not be an offence apart from the preceding
provisions of this Act shall not be begun –
[in the Bailiwick of Jersey except by
or with the consent of Her Majesty’s
Attorney General for Jersey],
(2) * * * * * * *
Amendments of other Acts
4.-(1) In consequence of the provisions of this
Act –
(a) in * * * *
section 2 of the Internationally
Protected Persons Act 1978 (which relates to certain offences
committed outside the [Bailiwick of Jersey] after the words “Suppression
of Terrorism Act 1978” there shall be inserted * * * the words “and
the Nuclear
Material (Offences) Act 1983”; and
(b) in [subsection
(4)] of section 4 of the Suppression of Terrorism Act 1978 (which also relates
to certain offences committed outside the [Bailiwick of Jersey] after the words
“Internationally Protected Persons Act 1978” there shall be
inserted in each place the words “and the Nuclear Material
(Offences) Act 1983”.
(2) * * * * * * *
(3) * * * * * * *
Extradition
5.-(1) There shall be deemed to be included
–
(a) in the list of
extradition crimes in Schedule 1 to the Extradition Act 1870,
and
(b) among the
description of offences set out in Schedule 1 to the Fugitive Offenders Act
1967,
any offence under section 2 of this Act.
(2) Where no such
arrangement as is mentioned in section 2 of the Extradition Act 1870
has been made with a State which is a party to the Convention, an Order in
Council applying the Act of 1870 may be made under that section as if the
Convention were such an arrangement with that State; but where the Act of 1870
is so applied it shall have effect as if the only extradition crimes within the
meaning of that Act were –
(a) an offence
mentioned in paragraphs (a) to (d) of subsection (1) of section 1 of this
Act which is committed by doing an act in relation to or by means of nuclear
material;
(b) an offence
under section 2 of this Act; and
(c) an attempt to
commit an offence mentioned in paragraph (a) or (b) above.
(3) For the
purposes of the Extradition
Act 1870 any act, wherever committed, which –
(a) is
an offence mentioned in subsection (2) above, and
(b) is an offence
against the law of any State in the case of which that Act is applied by an
Order in Council under section 2 of that Act,
shall be deemed to be an offence committed within the jurisdiction
of that State.
(4) In this
section and in section 6 below “the Convention” means the
Convention on the Physical Protection of Nuclear Materials opened for signature
at Vienna and New York on 3rd March 1980.
Material to which the Act applies
6.-(1) References in this Act to nuclear
material are references to material which, within the meaning of the
Convention, is nuclear material used for peaceful purposes.
(2) If in any
proceedings a question arises whether any material 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.
Application to Channel Islands, Isle of Man,
etc
7.-(1) Sections 17 and 22 of the Extradition Act 1870
and sections 16 and 17 of the Fugitive Offenders Act 1967 (application to Channel
Islands, Isle of Man and colonies) shall
extend respectively to the provisions of this Act amending those Acts.
(2) Her Majesty
may by Order in Council make provision for extending the other provisions of
this Act, with such exceptions, adaptations or modifications as may be specified
in the Order to any of the Channel Islands, the Isle of
Man or any colony.
Short title and commencement
8.-(1) This Act may be cited as the Nuclear Material
(Offences) Act 1983.
(2) * * * * * * *
SCHEDULE
ARTICLE 1(a) AND (b) OF THE CONVENTION
ARTICLE
1
For the purposes of this Convention –
(a) “nuclear
material” means plutonium except that with isotopic concentration
exceeding 80 per cent in plutonium-238; uranium-233; uranium enriched in the
isotopes 235 or 233; uranium containing the mixture of isotopes as occurring in
nature other than in the form of ore or ore-residue; any material containing
one or more of the foregoing;
(b) “uranium
enriched in the isotope 235 or 233” means uranium containing the isotopes
235 and 233 or both in an amount such that the abundance ratio of the sum of
these isotopes to the isotope 238 is greater than the ratio of the isotope 235
to the isotope 238 occurring in nature.