Explanatory note

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.