Page:Terrorism Act 2006.pdf/15

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(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 serious bodily injury to a person;

(ii) causing serious damage to property;

(iii) endangering a person’s life; or

(iv) creating a serious risk to the health or safety of the public.

(5) In subsection (4)—

“device” includes any of the following, whether or not fixed to land, namely, machinery, equipment, appliances, tanks, containers, pipes and conduits;

“nuclear material” has the same meaning as in the Nuclear Material (Offences) Act 1983 (c. 18) (see section 6 of that Act).

10Misuse of devices or material and misuse and damage of facilities

(1) A person commits an offence if he uses—

(a) a radioactive device, or

(b) radioactive material,

in the course of or in connection with the commission of an act of terrorism or for the purposes of terrorism.

(2) A person commits an offence if, in the course of or in connection with the commission of an act of terrorism or for the purposes of terrorism, he uses or damages a nuclear facility in a manner which—

(a) causes a release of radioactive material; or

(b) creates or increases a risk that such material will be released.

(3) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

(4) In this section—

“nuclear facility” means—

(a) a nuclear reactor, including a reactor installed in or on any transportation device for use as an energy source in order to propel it or for any other purpose; or

(b) a plant or conveyance being used for the production, storage, processing or transport of radioactive material;

“radioactive device” and “radioactive material” have the same meanings as in section 9.

(5) In subsection (4)—

“nuclear reactor” has the same meaning as in the Nuclear Installations Act 1965 (c. 57) (see section 26 of that Act);

“transportation device” means any vehicle or any space object (within the meaning of the Outer Space Act 1986 (c. 38)).