18.The power in section 2 to require people to provide information will be of limited value if the Secretary of State does not know whom to ask. Whilst the Secretary of State is likely to know the great majority of people from whom he will need information, there may be others of whom he is initially unaware. Therefore, subsection (1) of this section empowers the Secretary of State to make regulations requiring persons to inform him, and give certain details about themselves, if they fit descriptions set out in the regulations. Under subsection (2), these descriptions must relate to categories of persons about whose activities the UK must provide information to the IAEA under the Additional Protocol, or who are otherwise likely to have information which the Secretary of State has reasonable cause to believe he will need in order for the UK to comply with its reporting obligations under the Additional Protocol. Any such regulations will take the form of a statutory instrument subject to negative resolution procedure (subsection (4)).
19.It is anticipated that regulations are likely to be made requiring people to indicate if they are carrying out those activities covered by the Additional Protocol about which the Government would not necessarily otherwise know (this could include, for example, manufacturing anything listed in Annex I to the Additional Protocol, carrying out certain nuclear fuel cycle-related research and development activities relevant to a NNWS, or transferring from the UK to a NNWS within the European Community anything listed in Annex II), and to give similar details to those required by the regulations which have been made under a corresponding provision in section 23 of the Chemical Weapons Act 1996: their name and address; and the address of any locations at which they carry out relevant activities.
20.If any such regulations are made, subsection (5) requires the Secretary of State to publicise this in a way likely to bring the regulations to the attention of those to whom they apply. Under subsection (6) it will be a criminal offence not to comply with such regulations unless there is a reasonable excuse for not doing so.
Commentary on Sections Section 3: Identifying persons who have information