Counter-Terrorism and Security Bill (HC Bill 142)

A

BILL

[AS AMENDED IN COMMITTEE]

TO

Make provision in relation to terrorism; to make provision about retention of
communications data, about information, authority to carry and security in
relation to air, sea and rail transport and about reviews by the Special
Immigration Appeals Commission against refusals to issue certificates of
naturalisation; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Temporary restrictions on travel

CHAPTER 1 Powers to seize travel documents

1 Seizure of passports etc from persons suspected of involvement in terrorism

5Schedule 1 makes provision for the seizure and temporary retention of travel
documents where a person is suspected of intending to leave Great Britain or
the United Kingdom in connection with terrorism-related activity.

CHAPTER 2 Temporary exclusion from the United Kingdom

2 Temporary exclusion orders

(1) 10A “temporary exclusion order” is an order which requires an individual not to
return to the United Kingdom unless—

Counter-Terrorism and Security BillPage 2

(a) the return is in accordance with a permit to return issued by the
Secretary of State before the individual began the return, or

(b) the return is the result of the individual’s deportation to the United
Kingdom.

(2) 5The Secretary of State may impose a temporary exclusion order on an
individual if conditions A to D are met.

(3) Condition A is that the Secretary of State reasonably suspects that the
individual is, or has been, involved in terrorism-related activity outside the
United Kingdom.

(4) 10Condition B is that the Secretary of State reasonably considers that it is
necessary, for purposes connected with protecting members of the public in
the United Kingdom from a risk of terrorism, for a temporary exclusion order
to be imposed on the individual.

(5) Condition C is that the Secretary of State reasonably considers that the
15individual is outside the United Kingdom.

(6) Condition D is that the individual has the right of abode in the United
Kingdom.

(7) During the period that a temporary exclusion order is in force, the Secretary of
State must keep under review whether condition B is met.

3 20Temporary exclusion orders: supplementary provision

(1) The Secretary of State must give notice of the imposition of a temporary
exclusion order to the individual on whom it is imposed (the “excluded
individual”).

(2) Notice of the imposition of a temporary exclusion order must include an
25explanation of the procedure for making an application under section 5 for a
permit to return.

(3) A temporary exclusion order—

(a) comes into force when notice of its imposition is given; and

(b) is in force for the period of two years (unless revoked or otherwise
30brought to an end earlier).

(4) The Secretary of State may revoke a temporary exclusion order at any time.

(5) The Secretary of State must give notice of the revocation of a temporary
exclusion order to the excluded individual.

(6) If a temporary exclusion order is revoked, it ceases to be in force when notice
35of its revocation is given.

(7) The validity of a temporary exclusion order is not affected by the excluded
individual—

(a) returning to the United Kingdom, or

(b) departing from the United Kingdom.

(8) 40The imposition of a temporary exclusion order does not prevent a further
temporary exclusion order from being imposed on the excluded individual
(including in a case where an order ceases to be in force at the expiry of its two
year duration).

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(9) At the time when a temporary exclusion order comes into force, any British
passport held by the excluded individual is invalidated.

(10) During the period when a temporary exclusion order is in force, the issue of a
British passport to the excluded individual while he or she is outside the
5United Kingdom is not valid.

(11) In this section “British passport” means a passport, or other document which
enables or facilitates travel from one state to another (except a permit to
return), that has been—

(a) issued by or for Her Majesty’s Government in the United Kingdom,
10and

(b) issued in respect of a person’s status as a British citizen.

4 Permit to return

(1) A “permit to return” is a document giving an individual (who is subject to a
temporary exclusion order) permission to return to the United Kingdom.

(2) 15The permission may be made subject to a requirement that the individual
comply with conditions specified in the permit to return.

(3) The individual’s failure to comply with a specified condition has the effect of
invalidating the permit to return.

(4) A permit to return must state—

(a) 20the time at which, or period of time during which, the individual is
permitted to arrive on return to the United Kingdom;

(b) the manner in which the individual is permitted to return to the United
Kingdom; and

(c) the place where the individual is permitted to arrive on return to the
25United Kingdom.

(5) Provision made under subsection (4)(a) or (c) may, in particular, be framed by
reference to the arrival in the United Kingdom of a specific flight, sailing or
other transport service.

(6) Provision made under subsection (4)(b) may, in particular, state—

(a) 30a route,

(b) a method of transport,

(c) an airline, shipping line or other passenger carrier, or

(d) a flight, sailing or other transport service,

which the individual is permitted to use to return to the United Kingdom.

(7) 35The Secretary of State may not issue a permit to return except in accordance
with section 5 or 6.

(8) It is for the Secretary of State to decide the terms of a permit to return (but this
is subject to section 5(3)).

5 Issue of permit to return: application by individual

(1) 40If an individual applies to the Secretary of State for a permit to return, the
Secretary of State must issue a permit within a reasonable period after the
application is made.

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(2) But the Secretary of State may refuse to issue the permit if—

(a) the Secretary of State requires the individual to attend an interview
with a constable or immigration officer at a time and a place specified
by the Secretary of State, and

(b) 5the individual fails to attend the interview.

(3) Where a permit to return is issued under this section, the relevant return time
must fall within a reasonable period after the application is made.

(4) An application is not valid unless it is made in accordance with the procedure
for applications specified by the Secretary of State.

(5) 10In this section—

  • “application” means an application made by an individual to the
    Secretary of State for a permit to return to be issued;

  • “relevant return time” means—

    (a)

    the time at which the individual is permitted to arrive on return
    15to the United Kingdom (in a case where the permit to return
    states such a time), or

    (b)

    the start of the period of time during which the individual is
    permitted to arrive on return to the United Kingdom (in a case
    where the permit to return states such a period).

6 20Issue of permit to return: deportation or urgent situation

(1) The Secretary of State must issue a permit to return to an individual if the
Secretary of State considers that the individual is to be deported to the United
Kingdom.

(2) The Secretary of State may issue a permit to return to an individual if—

(a) 25the Secretary of State considers that, because of the urgency of the
situation, it is expedient to issue a permit to return even though no
application has been made under section 5, and

(b) there is no duty to issue a permit to return under subsection (1).

(3) Subsection (1) or (2) applies whether or not any request has been made to issue
30the permit to return under that provision.

7 Permit to return: supplementary provision

(1) The Secretary of State may vary a permit to return.

(2) The Secretary of State may revoke a permit to return issued to an individual
only if—

(a) 35the permit to return has been issued under section 5 and the individual
asks the Secretary of State to revoke it;

(b) the permit to return has been issued under section 6(1) and the
Secretary of State no longer considers that the individual is to be
deported to the United Kingdom;

(c) 40the permit to return has been issued under section 6(2) and the
Secretary of State no longer considers that, because of the urgency of
the situation, the issue of the permit to return is expedient;

(d) the Secretary of State issues a subsequent permit to return to the
individual; or

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(e) the Secretary of State considers that the permit to return has been
obtained by misrepresentation.

(3) The making of an application for a permit to return to be issued under section
5 (whether or not resulting in a permit to return being issued) does not prevent
5a subsequent application from being made.

(4) The issuing of a permit to return (whether or not resulting in the individual’s
return to the United Kingdom) does not prevent a subsequent permit to return
from being issued (whether or not the earlier permit is still in force).

8 Obligations after return to the United Kingdom

(1) 10The Secretary of State may, by notice, impose any or all of the permitted
obligations on an individual who—

(a) is subject to a temporary exclusion order, and

(b) has returned to the United Kingdom.

(2) The “permitted obligations” are—

(a) 15any obligation of a kind that may be imposed (on an individual subject
to a TPIM notice) under these provisions of Schedule 1 to the Terrorism
Prevention and Investigation Measures Act 2011—

(i) paragraph 10 (reporting to police station);

(ii) paragraph 10A (attendance at appointments etc);

(b) 20an obligation to notify the police, in such manner as a notice under this
section may require, of—

(i) the individual’s place (or places) of residence, and

(ii) any change in the individual’s place (or places) of residence.

(3) A notice under this section—

(a) 25comes into force when given to the individual; and

(b) is in force until the temporary exclusion order ends (unless the notice is
revoked or otherwise brought to an end earlier).

(4) The Secretary of State may, by notice, vary or revoke any notice given under
this section.

(5) 30The variation or revocation of a notice under this section takes effect when the
notice of variation or revocation is given to the individual.

(6) The validity of a notice under this section is not affected by the individual—

(a) departing from the United Kingdom, or

(b) returning to the United Kingdom.

(7) 35The giving of any notice to an individual under this section does not prevent
any further notice under this section from being given to that individual.

9 Offences

(1) An individual subject to a temporary exclusion order is guilty of an offence if,
without reasonable excuse, the individual returns to the United Kingdom in
40contravention of the restriction on return specified in the order.

(2) It is irrelevant for the purposes of subsection (1) whether or not the individual
has a passport or other similar identity document.

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(3) An individual subject to an obligation imposed under section 8 is guilty of an
offence if, without reasonable excuse, the individual does not comply with the
obligation.

(4) In a case where a relevant notice has not actually been given to an individual,
5the fact that the relevant notice is deemed to have been given to the individual
under regulations under section 10 does not (of itself) prevent the individual
from showing that lack of knowledge of the temporary exclusion order, or of
the obligation imposed under section 8, was a reasonable excuse for the
purposes of this section.

(5) 10An individual guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine, or to both;

(c) 15on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or to a fine not exceeding the statutory
maximum, or to both;

(d) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory maximum,
20or to both.

(6) Where an individual is convicted by or before a court of an offence under this
section, it is not open to that court to make in respect of the offence—

(a) an order under section 12(1)(b) of the Powers of Criminal Courts
(Sentencing) Act 2000 (conditional discharge);

(b) 25an order under section 227A of the Criminal Procedure (Scotland) Act
1995 (community pay-back orders); or

(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24)S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern
Ireland).

(7) 30In this section—

  • “relevant notice” means—

    (a)

    notice of the imposition of a temporary exclusion order, or

    (b)

    notice under section 8 imposing an obligation;

  • “restriction on return” means the requirement specified in a temporary
    35exclusion order in accordance with section 2(1).

(8) In section 2 of the UK Borders Act 2007 (detention at ports), in subsection (1A),
for “the individual is subject to a warrant for arrest” substitute “the
individual—

(a) may be liable to be detained by a constable under section 14 of
40the Criminal Procedure (Scotland) Act 1995 in respect of an
offence under section 9(1) of the Counter-Terrorism and
Security Act 2014, or

(b) is subject to a warrant for arrest.

10 Regulations: giving of notices, legislation relating to passports

(1) 45The Secretary of State may by regulations make provision about the giving of—

(a) notice under section 3, and

(b) notice under section 8.

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(2) The regulations may, in particular, make provision about cases in which notice
is to be deemed to have been given.

(3) The Secretary of State may make regulations providing for legislation relating
to passports or other identity documents (whenever passed or made) to apply
5(with or without modifications) to permits to return.

(4) The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision.

(5) A statutory instrument containing regulations under this section is subject to
10annulment in pursuance of a resolution of either House of Parliament.

11 Chapter 2: interpretation

(1) This section applies for the purposes of this Chapter.

(2) These expressions have the meanings given—

  • “act” and “conduct” include omissions and statements;

  • 15“act of terrorism” includes anything constituting an action taken for the
    purposes of terrorism, within the meaning of the Terrorism Act 2000
    (see section 1(5) of that Act);

  • “permit to return” has the meaning given in section 4;

  • “temporary exclusion order” has the meaning given in section 2;

  • 20“terrorism” has the same meaning as in the Terrorism Act 2000 (see
    section 1(1) to (4) of that Act).

(3) An individual is—

(a) subject to a temporary exclusion order if a temporary exclusion order is
in force in relation to the individual; and

(b) 25subject to an obligation imposed under section 8 if an obligation is
imposed on the individual by a notice in force under that section.

(4) Involvement in terrorism-related activity is any one or more of the following—

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct that facilitates the commission, preparation or instigation of
30such acts, or is intended to do so;

(c) conduct that gives encouragement to the commission, preparation or
instigation of such acts, or is intended to do so;

(d) conduct that gives support or assistance to individuals who are known
or believed by the individual concerned to be involved in conduct
35falling within paragraph (a).

It is immaterial whether the acts of terrorism in question are specific acts of
terrorism or acts of terrorism in general.

(5) It is immaterial whether an individual’s involvement in terrorism-related
activity occurs before or after the coming into force of section 2.

(6) 40References to an individual’s return to the United Kingdom include, in the case
of an individual who has never been in the United Kingdom, a reference to the
individual’s coming to the United Kingdom for the first time.

(7) References to deportation include references to any other kind of expulsion.

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Part 2 Terrorism prevention and investigation measures

12 TPIMs: overnight residence measure

(1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011
5(terrorism prevention and investigation measures), paragraph 1 (overnight
residence measure) is amended as follows.

(2) For sub-paragraph (3)(b) substitute—

(b) other premises situated in an agreed locality or in some other
locality in the United Kingdom that the Secretary of State
10considers to be appropriate.

(3) After sub-paragraph (3) insert—

(3A) If there are premises that are the individual’s own residence at the
time when the notice imposing restrictions under this paragraph is
served on the individual, premises more than 200 miles from those
15premises may be specified under sub-paragraph (3)(b) only if they
are in an agreed locality.

(4) Omit sub-paragraph (4).

(5) After sub-paragraph (5) insert—

(5A) The specified residence (if it is not the individual’s own residence) may
20be a residence provided by or on behalf of the Secretary of State.

13 TPIMs: travel measure

(1) The Terrorism Prevention and Investigation Measures Act 2011 is amended as
follows.

(2) In section 2 (imposition of terrorism prevention and investigation measures),
25after subsection (3) insert—

(4) The Secretary of State must publish factors that he or she considers are
appropriate to take into account when deciding whether to impose
restrictions on an individual by virtue of paragraph 2 of Schedule 1
(travel measure).

(3) 30In section 23 (offence), after subsection (1) insert—

(1A) Where an individual—

(a) is subject to a measure specified under paragraph 2 of Schedule
1 (a “travel measure”), and

(b) leaves the United Kingdom or travels outside the United
35Kingdom,

subsection (1)(b) has effect, in relation to that act, with the omission of
the words “without reasonable excuse”.

(4) After subsection (3) of that section insert—

(3A) Where an individual commits an offence under subsection (1) by
40contravening a travel measure, subsection (3)(a) has effect as if “10
years” were substituted for “5 years”.

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(5) In Schedule 1, in paragraph 2 (travel measure), for sub-paragraph (2)
substitute—

(2) The specified area must be—

14 TPIMs: weapons and explosives measure

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, after paragraph 6 insert—

10Weapons and explosives measure

6A (1) The Secretary of State may impose on the individual—

(a) a prohibition on possessing offensive weapons, imitation
firearms or explosives;

(b) a prohibition on making an application for a firearm
15certificate or a shot gun certificate.

(2) In sub-paragraph (1)(a)—

  • “offensive weapon” means an article made or adapted for use
    for causing injury to the person, or intended by the person in
    possession of it for such use (by that person or another);

  • 20“imitation firearm” has the same meaning as in the Firearms Act
    1968 or (in relation to Northern Ireland) the Firearms
    (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)S.I. 2004/702 (N.I. 3));

  • “explosive” means anything that is—

    (a)

    an explosive within the meaning of the Explosives
    25Act 1875, or

    (b)

    an explosive substance within the meaning of the
    Explosive Substances Act 1883.

(3) For the purposes of sub-paragraph (1)(b)—

(a) an application for a firearm certificate is an application under
30section 26A of the Firearms Act 1968 or article 4 of the
Firearms (Northern Ireland) Order 2004;

(b) an application for a shot gun certificate is an application
under section 26B of the Firearms Act 1968.

15 TPIMs: appointments measure

35In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, after paragraph 10 insert—

Appointments measure

10A (1) The Secretary of State may impose a requirement for the
individual—

(a) 40to attend appointments with specified persons or persons of
specified descriptions, and