some default text...

Counter-Terrorism and Security Bill (HC Bill 127)

Counter-Terrorism and Security BillPage 40

Amendments of the Immigration, Asylum and Nationality Act 2006

5 The Immigration, Asylum and Nationality Act 2006 is amended as set out in
paragraphs 6 to 8.

6 In section 32 (passenger and crew information: police powers), at the end of
5subsection (6) insert—

(e) may include a requirement for the owner or agent of a ship or
aircraft to be able to receive, in a specified form and manner,
communications relating to the information.

7 After that section insert—

32A 10Regulations requiring information to be provided to police

(1) The Secretary of State may make regulations requiring responsible
persons in relation to ships or aircraft—

(a) which have arrived, or are expected to arrive, in the United
Kingdom, or

(b) 15which have left, or are expected to leave, the United
Kingdom,

to provide information to the police.

(2) The following information may be required under subsection (1)—

(a) information about the persons on board;

(b) 20information about the voyage or flight.

(3) Regulations may impose a requirement to provide the information
only if the Secretary of State thinks it necessary—

(a) in the case of a requirement to provide information to the
police in England and Wales, for police purposes;

(b) 25in the case of a requirement to provide information to the
police in Scotland, for police purposes which are or relate to
reserved matters (within the meaning of the Scotland Act
1998);

(c) in the case of a requirement to provide information to the
30police in Northern Ireland, for police purposes which are or
relate to excepted or reserved matters (within the meaning of
the Northern Ireland Act 1998).

In this subsection “police purposes” has the same meaning as in
section 32.

(4) 35The regulations must—

(a) specify or describe the classes of ships or aircraft to which
they apply;

(b) specify the information required to be provided;

(c) specify the time by which the information must be provided;

(d) 40specify the form and manner in which the information must
be provided.

(5) The regulations may require responsible persons to be able to
receive, in a specified form and manner, communications sent by the
police, the Secretary of State or an immigration officer relating to the
45information.

(6) Regulations under this section—

Counter-Terrorism and Security BillPage 41

(a) may apply generally or only to specified cases or
circumstances,

(b) may make different provision for different cases or
circumstances,

(c) 5shall be made by statutory instrument, and

(d) may not be made unless a draft has been laid before and
approved by resolution of each House of Parliament.

(7) For the purposes of this section, the following are responsible
persons in respect of a ship or aircraft—

(a) 10the owner or agent, and

(b) the captain.

32B Penalty for breach of section 32 or 32A

(1) The Secretary of State may make regulations imposing penalties for
failure to comply with a requirement imposed—

(a) 15under section 32(2) (provision of passenger, crew or service
information), or

(b) by regulations made under section 32A (regulations
requiring information to be provided to police).

(2) Regulations under subsection (1) may in particular make
20provision—

(a) about how a penalty is to be calculated;

(b) about the procedure for imposing a penalty;

(c) about the enforcement of penalties;

(d) allowing for an appeal against a decision to impose a penalty;

25and the regulations may make different provision for different
purposes.

(3) Provision in the regulations about the procedure for imposing a
penalty must provide for a person to be given an opportunity to
object to a proposed penalty in the circumstances set out in the
30regulations.

(4) The regulations must provide that no penalty may be imposed on a
person for failure to comply with a requirement imposed under
section 32(2) or by regulations made under section 32A where—

(a) proceedings have been instituted against the person under
35section 34 in respect of the same failure, or

(b) the failure consists of a failure to provide information that the
person has also been required to provide under paragraph
27, 27B or 27BA of Schedule 2 to the Immigration Act 1971
and—

(i) 40a penalty has been imposed on the person in respect
of a failure to provide that information by virtue of
regulations made under paragraph 27BB of that
Schedule, or

(ii) proceedings have been instituted against the person
45under section 27 of that Act in respect of a failure to
provide that information, or

(c) the failure consists of a failure to provide information that the
person has also been required to provide under an authority-

Counter-Terrorism and Security BillPage 42

to-carry scheme made under section 18 of the Counter-
Terrorism and Security Act 2014 and a penalty has been
imposed on the person in respect of a failure to provide that
information by virtue of regulations made under section 19 of
5that Act.

(5) Any penalty paid by virtue of this section must be paid into the
Consolidated Fund.

(6) Regulations under this section—

(a) must be made by statutory instrument, and

(b) 10may not be made unless a draft has been laid before and
approved by resolution of each House of Parliament.

8 (1) Section 34 (offence of failure to provide passenger information etc) is
amended as follows.

(2) In subsection (1), for “imposed under section 32(2) or (3) or 33(2)” substitute
15“imposed—

(a) under section 32(2) or (3) or 33(2), or

(b) by regulations made under section 32A.

(3) After subsection (1) insert—

(1A) Proceedings may not be instituted against a person under subsection
20(1) for a failure to comply with a requirement imposed under section
32(2) or by regulations made under section 32A where—

(a) the person has paid a penalty in respect of the same failure,
or a failure to provide the same information, by virtue of
regulations made under—

(i) 25section 32B,

(ii) paragraph 27BB of Schedule 2 to the Immigration Act
1971, or

(iii) section 19 of the Counter-Terrorism and Security Act
2014 (penalty for breach of authority-to-carry
30scheme); or

(b) proceedings have been instituted against the person under
section 27 of the Immigration Act 1971 in respect of a failure
to provide the same information.

(4) In subsection (2), at the end insert , and

(c) 35where a person fails without reasonable excuse to comply
with a requirement imposed by regulations made under
section 32A to provide information to the police in England
and Wales—

(i) if the required information does not relate to a
40reserved matter (within the meaning of the Scotland
Act 1998), the person shall not be treated as having
committed the offence in Scotland (but has
committed the offence in England and Wales);

(ii) if the required information does not relate to an
45excepted or reserved matter (within the meaning of
the Northern Ireland Act 1998), the person shall not
be treated as having committed the offence in

Counter-Terrorism and Security BillPage 43

Northern Ireland (but has committed the offence in
England and Wales).

Part 2 Directions etc relating to aviation, shipping and rail

5Amendments of the Aviation Security Act 1982: information and directions

9 (1) The Aviation Security Act 1982 is amended as follows.

(2) In section 11 (power to require information)—

(a) in subsection (2), for the words from “a date” to “before” substitute
“a period before the end of”;

(b) 10in subsection (4) omit “(not being less than seven days from the date
on which the change of circumstances occurs)”.

(3) In section 12 (power to impose restrictions in relation to aircraft), in
subsection (1)(b), for “fly unless such searches of the aircraft” substitute “fly
in or into the United Kingdom unless such searches (of persons or property
15or of the aircraft itself)”.

(4) In section 16 (limitations on scope of directions under sections 12 to 14), in
subsection (5), for paragraph (a) (including the word “and” at the end)
substitute—

(a) it shall have effect only in relation to—

(i) 20aircraft registered in the United Kingdom, or

(ii) a requirement not to cause or permit an aircraft to fly
in or into the United Kingdom unless certain things
have, or have not, been done, and.

(5) In section 24 (service of documents)—

(a) 25at the end of subsection (2) insert , or

(f) in the case of a person who is required by regulations
to be able to accept service electronically in a manner
and form specified in the regulations, in that manner
and form.;

(b) 30after subsection (9) insert—

(10) Regulations under this section—

(a) may make different provision for different cases,

(b) may include incidental, supplemental or transitional
provision,

(c) 35shall be made by the Secretary of State by statutory
instrument, and

(d) shall be subject to annulment in pursuance of a
resolution of either House of Parliament.

(6) In section 38(1) (interpretation), in paragraph (b) of the definition of “aircraft
40registered or operating in the United Kingdom”, for the words from “flights”
to “aerodromes” substitute “a flight any part of which is”.

10 In consequence of the amendments made by paragraph 9(2), in Schedule 1
to the Aviation and Maritime Security Act 1990 (amendments of the
Aviation Security Act 1982) omit paragraph 2(3) and (5).

Counter-Terrorism and Security BillPage 44

Amendments of the Aviation Security Act 1982: civil penalties for breach of directions

11 (1) Part 2 of the Aviation Security Act 1982 (protection of aircraft etc against acts
of violence) is amended as follows.

(2) After section 22 insert—

22A 5Civil penalties for failure to provide information or comply with a
direction

(1) The Secretary of State may make regulations imposing penalties
for—

(a) failure to comply with a requirement imposed by a notice
10under section 11 (notice requiring information);

(b) making a false statement in furnishing information required
by a notice under that section;

(c) failure to comply with a direction under any of sections 12 to
14.

(2) 15Regulations under subsection (1) may in particular make
provision—

(a) about how a penalty is to be calculated;

(b) about the procedure for imposing a penalty;

(c) about the enforcement of penalties;

(d) 20allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different
purposes.

(3) Provision in the regulations about the procedure for imposing a
penalty must provide for a person to be given an opportunity to
25object to a proposed penalty in the circumstances set out in the
regulations.

(4) The regulations must provide that no penalty may be imposed on a
person for failure to comply with the requirements of a notice under
section 11, or for making a false statement in furnishing information
30required by such a notice, where proceedings have been instituted
against the person for an offence under section 11(5) in respect of the
same failure or false statement.

(5) The regulations must provide that no penalty may be imposed on a
person for failure to comply with a direction under any of sections 12
35to 14 where proceedings have been instituted against the person for
an offence under any of those sections in respect of the same failure.

(6) Any penalty paid by virtue of this section must be paid into the
Consolidated Fund.

(7) Regulations under this section are to be made by statutory
40instrument; and any such statutory instrument may not be made
unless a draft of the instrument has been laid before each House of
Parliament and approved by a resolution of each House.

(3) In section 11 (power to require information), after subsection (5) insert—

(5A) Proceedings for an offence under subsection (5) above may not be
45instituted against a person who has paid a penalty in respect of the

Counter-Terrorism and Security BillPage 45

same failure, or the same false statement, by virtue of regulations
made under section 22A.

(4) In section 12 (power to impose restrictions in relation to aircraft), after
subsection (9) insert—

(9A) 5Proceedings for an offence under subsection (9) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.

(5) In section 13 (power to require aerodrome managers to promote searches at
aerodromes), after subsection (4) insert—

(4ZA) 10Proceedings for an offence under subsection (4) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.

(6) In section 13A (power to require other persons to promote searches), after
subsection (3) insert—

(3A) 15Proceedings for an offence under subsection (3) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.

(7) In section 14 (general power to direct measures for purposes of protecting
aircraft etc against acts of violence), after subsection (7) insert—

(7ZA) 20Proceedings for an offence under subsection (7)(a) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.

Amendments of the Aviation and Maritime Security Act 1990: information and directions

12 (1) Part 3 of the Aviation and Maritime Security Act 1990 (protection of ships
25and harbour areas against acts of violence) is amended as follows.

(2) In section 19 (power of Secretary of State to require information)—

(a) in subsection (2), for the words from “a date” to “before” substitute
“a period before the end of”;

(b) in subsection (4), omit “(not being less than seven days from the date
30on which the change of circumstances occurs)”.

(3) In section 21 (power to impose restrictions in relation to ships), in subsection
(1)—

(a) in the opening words, after “is in” insert “, or appears to the Secretary
of State to be likely to enter,”;

(b) 35in paragraph (b), for “go to sea unless such searches of the ship”
substitute “enter or (as the case may be) to leave a harbour area
unless such searches (of persons or property or of the ship itself)”.

(4) In section 26 (limitations on scope of directions under sections 21 to 24), in
subsection (5), for paragraph (a) (including the word “and” at the end)
40substitute—

(a) it shall have effect only in relation to—

(i) British ships, or

(ii) a requirement not to cause or permit a ship to enter a
harbour area unless certain things have, or have not,
45been done, and.

Counter-Terrorism and Security BillPage 46

(5) In section 45 (service of documents)—

(a) at the end of subsection (2) insert , or

(f) in the case of a person who is required by regulations
to be able to accept service electronically in a manner
5and form specified in the regulations, in that manner
and form.;

(b) after subsection (9) insert—

(9A) Regulations under subsection (2)(f)—

(a) may make different provision for different cases,

(b) 10may include incidental, supplemental or transitional
provision,

(c) shall be made by the Secretary of State by statutory
instrument, and

(d) shall be subject to annulment in pursuance of a
15resolution of either House of Parliament.

Amendments of the Channel Tunnel (Security) Order 1994: information and directions

13 (1) Part 3 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570)
(protection of channel tunnel trains and the tunnel system against acts of
violence) is amended as follows.

(2) 20In article 11 (powers of Secretary of State to require information)—

(a) in paragraph (2), for the words from “a date” to “before” substitute
“a period before the end of”;

(b) in paragraph (4) omit “(not being less than seven days from the date
on which the change of circumstances occurs)”.

(3) 25In article 13 (power to impose restrictions in relation to Channel Tunnel
trains), in paragraph (1)(b), for “unless such searches of the train” substitute
“in or into the United Kingdom unless such searches (of persons or property
or of the train itself)”.

(4) In article 36 (service of documents)—

(a) 30at the end of paragraph (2) insert , or

(f) in the case of a person who is required by regulations
to be able to accept service electronically in a manner
and form specified in the regulations, in that manner
and form.;

(b) 35after paragraph (8) insert—

(9) Regulations under paragraph (2)(f)—

(a) may make different provision for different cases,

(b) may include incidental, supplemental or transitional
provision,

(c) 40shall be made by the Secretary of State by statutory
instrument, and

(d) shall be subject to annulment in pursuance of a
resolution of either House of Parliament.

14 The amendments made by paragraph 13 do not affect the power to make
45further subordinate legislation amending or revoking the amended
provisions.

Counter-Terrorism and Security BillPage 47

Section 21

SCHEDULE 3 Specified authorities

Local government

A county council or district council in England.

5The Greater London Authority.

A London borough council.

The Common Council of the City of London in its capacity as a local
authority.

The Council of the Isles of Scilly.

10A county council or county borough council in Wales.

Criminal justice

The governor of a prison in England and Wales (or, in the case of a
contracted out prison, its director).

The governor of a young offender institution or secure training centre (or, in
15the case of a contracted out young offender institution or secure training
centre, its director).

A provider of probation services within the meaning given by section 3(6) of
the Offender Management Act 2007.

Education, child care etc

20The governing body of an institution within the higher education sector
within the meaning of section 91(5) of the Further and Higher Education Act
1992.

A person with whom arrangements have been made for the provision of
education under section 19 of the Education Act 1996 or section 100 of the
25Education and Inspections Act 2006 (cases of illness, exclusion etc).

The proprietor of—

(a) a school that has been approved under section 342 of the Education
Act 1996,

(b) a maintained school within the meaning given by section 20(7) of the
30School Standards and Framework Act 1998,

(c) a maintained nursery school within the meaning given by section
22(9) of that Act,

(d) an independent school registered under section 158 of the Education
Act 2002,

(e) 35an independent educational institution registered under section
95(1) of the Education and Skills Act 2008, or

(f) an alternative provision Academy within the meaning given by
section 1C of that Act.

A person who is specified or nominated in a direction made in relation to the
40exercise of a local authority’s functions given by the Secretary of State under

Counter-Terrorism and Security BillPage 48

section 497A of the Education Act 1996 (including that section as applied by
section 50 of the Children Act 2004 or section 15 of the Childcare Act 2006).

A person entered on a register kept by Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills under Part 2 of the Care Standards
5Act 2000.

The governing body of a qualifying institution within the meaning given by
section 11 of the Higher Education Act 2004.

The provider of education or training—

(a) to which Chapter 3 of Part 8 of the Education and Inspections Act
102006 applies, and

(b) in respect of which funding is provided by, or under arrangements
made by, the Secretary of State or the Chief Executive of Skills
Funding.

A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare
15Act 2006 or under section 20 of the Children and Families (Wales) Measure
2010 (nawm 1).

A body corporate with which a local authority has entered into
arrangements under Part 1 of the Children and Young Persons Act 2008.

The governing body of an educational establishment maintained by a local
20authority in Wales.

The governing body or proprietor of an institution (not otherwise listed) at
which more than 250 students, excluding students undertaking distance
learning courses, are undertaking courses in preparation for examinations
related to qualifications regulated by the Office of Qualifications and
25Examinations Regulation or the Welsh Assembly Government.

Health and social care

An NHS Trust established under section 25 of the National Health Service
Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.

An NHS foundation trust within the meaning given by section 30 of the
30National Health Service Act 2006.

A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.

A Community Health Council in Wales.

The Board of Community Health Councils in Wales or Bwrdd Cynghorau
35Iechyd Cymuned Cymru.

Police

A chief officer of police for a police area in England and Wales.

The British Transport Police Force.

A Port Police Force established under an order made under section 14 of the
40Harbours Act 1964.

Counter-Terrorism and Security BillPage 49

The Port Police Force established under Part 10 of the Port of London Act
1968.

A Port Police Force established under section 79 of the Harbours, Docks and
Piers Clauses Act 1847.

5A police authority established under section 3 of the Police Act 1996.

The Metropolitan Police Authority established under section 5B of that Act.

The Common Council of the City of London in its capacity as a police
authority.

A police and crime commissioner established under section 1 of the Police
10Reform and Social Responsibility Act 2011.

The Mayor’s Office for Policing and Crime established under section 3 of
that Act.

The Civil Nuclear Police Authority.

Section 30

SCHEDULE 4 15Partners of local panels

Ministers of the Crown and government departments

A Minister of the Crown.

A government department other than an intelligence service.

Local government

20A local authority (other than a local authority that is a member of the panel
in question).

A person carrying out a function of a local authority by virtue of a direction
made under section 15 of the Local Government Act 1999.

Criminal justice

25The governor of a prison in England and Wales (or, in the case of a
contracted out prison, its director).

The governor of a young offender institution or secure training centre (or, in
the case of a contracted out young offender institution or secure training
centre, its director).

30The principal of a secure college.

A youth offending team established under section 39 of the Crime and
Disorder Act 1998.

A provider of probation services within the meaning given by section 3(6) of
the Offender Management Act 2007.