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Section 53 Revenue and Customs prosecutionsC3F8

United Kingdom

(1)

Proceedings for a nuclear weapons offence may be instituted F1by F2the Director of Public Prosecutions or by order of the Commissioners for Her Majesty’s Revenue and CustomsF3if it appears to the Director or to the Commissioners that the offence has involved—

(a)

the development or production outside the United Kingdom of a nuclear weapon;

(b)

the movement of a nuclear weapon into or out of any country or territory;

(c)

any proposal or attempt to do anything falling within paragraph (a) or (b).

C1C2(2)

In this section “nuclear weapons offence” means an offence under section 47 or 50 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

(3)

Any proceedings for an offence which are instituted F4by order of the Commissioners under subsection (1) shall be commenced in the name of an officer F5of Revenue and Customs , but may be continued by another officer.

(4)

Where the Commissioners F6. . . investigate, or propose to investigate, any matter with a view to determining—

(a)

whether there are grounds for believing that a nuclear weapons offence has been committed, or

(b)

whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).

(5)

Nothing in this section affects any powers of any person (including any officer) apart from this section.

(6)

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

This section does not apply to the institution of proceedings in Scotland.

Annotations

Textual amendments

F1

Words in s. 53(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(a)(i); S.I. 2005/1126, art. 2(h)

F2

Words in s. 53(1) substituted (27.3.2014) by The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 18

F3

Words in s. 53(1) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(a)(ii); S.I. 2005/1126, art. 2(h)

F4

Words in s. 53(3) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(b)(i); S.I. 2005/1126, art. 2(h)

F5

Words in s. 53(3) inserted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(b)(ii); S.I. 2005/1126, art. 2(h)

F6

Words in s. 53(4) omitted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(c); S.I. 2005/1126, art. 2(h)

F7

S. 53(6) omitted (18.4.2005) by virtue of Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 52, 53, Sch. 4 para. 87(d), Sch. 5; S.I. 2005/1126, art. 2(h)(i)

F8

S. 53: heading substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. 50, 53, Sch. 4 para. 87(e); S.I. 2005/1126, art. 2(h)

Modifications

C1

S. 53(2) modified (E.W.N.I.) (prosp.) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94, Sch. 6 para. 43

C2

S. 53(2) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 43 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

C3

Ss. 50-56 extended (with modifications) (22.4.2005) by The Chemical Weapons (Overseas Territories) Order 2005 (S.I. 2005/854), art. 3, Schs. 2, 3, 4A, 5A, 8A