Export Control Act 2002 (c. 28)
5
(2) Section 5 does not apply in relation to provisions of a control order which—
- (a) amend an earlier control order; or
- (b) revoke and re-enact (with or without modifications) provisions of an earlier control order,
unless they impose new controls or strengthen the controls previously imposed.
(3) In subsection (2) “an earlier control order” does not include an order made by virtue of subsection (1).
7Control powers: supplementary
(1) An order under any of the preceding provisions of this Act may (without prejudice to the generality of the power under which it is made) make provision—
- (a) for an activity to be prohibited unless authorised by a licence granted by a person specified in the order;
- (b) creating exceptions from any provision of the order;
- (c) requiring persons to keep (and produce) records;
- (d) requiring persons to provide information to any person specified in the order;
- (e) about the purposes for which information held in connection with anything done under or by virtue of the order may be used;
- (f) about the persons to whom any such information may be disclosed;
- (g) creating indictable offences, summary offences or offences triable either way (subject to the limitation that no offence so created shall be punishable on indictment with imprisonment for a term exceeding 10 years); and
- (h) for the enforcement of the order (including provision as to the powers and duties of any person who is to enforce it).
(2) Such an order may—
- (a) make provision binding the Crown;
- (b) amend, repeal or revoke, or apply (with or without modifications) provisions of any Act or subordinate legislation;
- (c) provide for any reference in the order to a document (including a technical list by reference to which any Community provision or international obligation operates) to take effect as a reference to that document as revised or re-issued from time to time;
- (d) make incidental, supplementary and transitional provision; and
- (e) make different provision for different cases and different circumstances.
8Protection of certain freedoms
(1) The Secretary of State may not make a control order which has the effect of prohibiting or regulating any of the following activities—
- (a) the communication of information in the ordinary course of scientific research;
- (b) the making of information generally available to the public; or
- (c) the communication of information that is generally available to the public,
