Counter-Terrorism and Security Bill (HC Bill 142)

Counter-Terrorism and Security BillPage 20

(3) In this section “support provider” means a person who provides support under
a support plan.

33 Chapter 2: interpretation

(1) In this Chapter—

  • 5“health or social care services” means services relating to health or social
    care within the meaning given by section 9 of the Health and Social
    Care Act 2008;

  • “identified individual” has the meaning given in section 28(2);

  • “intelligence service” means—

    (a)

    10the Security Service,

    (b)

    the Secret Intelligence Service,

    (c)

    the Government Communications Headquarters, or

    (d)

    any part of Her Majesty’s forces, or of the Ministry of Defence,
    which engages in intelligence activities;

  • 15“local authority” means—

    (a)

    a county council in England;

    (b)

    a district council in England, other than a council for a district
    in a county for which there is a county council;

    (c)

    a London Borough Council;

    (d)

    20the Common Council of the City of London in its capacity as a
    local authority;

    (e)

    the Council of the Isles of Scilly;

    (f)

    a county council or county borough council in Wales;

  • “the necessary consent”, in relation to an identified individual, means—

    (a)

    25if the individual is aged 18 years or over, his or her consent;

    (b)

    if the individual is aged under 18 years, the consent of his or her
    parent or guardian;

  • “panel” means a panel of persons in place under the duty imposed by
    section 28(1);

  • 30“responsible local authority”, in relation to a panel, means the local
    authority responsible for ensuring that the panel is in place under the
    duty imposed by section 28(1);

  • “support plan” means a plan prepared by a panel in carrying out its
    functions mentioned in section 28(4)(a) or (f);

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

(2) For the purposes of the definition of “local authority” in subsection (1), the
Inner Temple and the Middle Temple are to be taken as falling within the area
of the Common Council of the City of London.

(3) 40Where two or more local authorities exercise their respective duties under
section 28(1) by ensuring that a panel is in place for their combined area—

(a) a reference in this Chapter to the responsible local authority is to be
read as a reference to the responsible local authorities for the panel;

(b) a reference in this Chapter to the authority’s area is to be read as a
45reference to the combined area.

Counter-Terrorism and Security BillPage 21

Part 6 Amendments of or relating to the Terrorism Act 2000

34 Insurance against payments made in response to terrorist demands

(1) After section 17 of the Terrorism Act 2000 insert—

17A 5Insurance against payments made in response to terrorist demands

(1) The insurer under an insurance contract commits an offence if—

(a) the insurer makes a payment under the contract, or purportedly
under it,

(b) the payment is made in respect of any money or other property
10that has been, or is to be, handed over in response to a demand
made wholly or partly for the purposes of terrorism, and

(c) the insurer or the person authorising the payment on the
insurer’s behalf knows or has reasonable cause to suspect that
the money or other property has been, or is to be, handed over
15in response to such a demand.

(2) If an offence under this section committed by a body corporate is
proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the
20body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence and
liable to be proceeded against and punished accordingly.

(3) The reference in subsection (2) to a director, in relation to a body
25corporate whose affairs are managed by its members, is a reference to
a member of the body corporate.

(4) If an offence under this section is committed by a Scottish partnership
and is proved to have been committed with the consent or connivance
of, or to be attributable to any neglect on the part of—

(a) 30a partner, or

(b) any person who was purporting to act in that capacity,

that person, as well as the partnership, is guilty of the offence and liable
to be proceeded against and punished accordingly.

(5) In this section “insurance contract” means a contract under which one
35party accepts significant insurance risk from another party (“the
policyholder”) by agreeing to compensate the policyholder if a
specified uncertain future event adversely affects the policyholder.

(2) In section 23 of that Act (forfeiture: terrorist property offences), after subsection
(5) insert—

(5A) 40Where a person is convicted of an offence under section 17A the court
may order the forfeiture of the amount paid under, or purportedly
under, the insurance contract.

(3) The section inserted by subsection (1) applies to any payment made by an
insurer on or after the day on which this Act is passed, even if made—

Counter-Terrorism and Security BillPage 22

(a) under (or purportedly under) a contract entered into before that day, or

(b) (subject to subsection (4)) in respect of money or other property handed
over before that day.

(4) The section inserted by subsection (1) does not apply to a payment made in
5respect of money or other property handed over before 27 November 2014.

35 Port and border controls: power to examine goods

Schedule 5 amends paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port
and border controls: power to examine goods) and other enactments relating
to the power in that paragraph.

10Part 7 Miscellaneous and general

Miscellaneous

36 Privacy and Civil Liberties Board

(1) The Secretary of State may by regulations made by statutory instrument
15establish a body to provide advice and assistance to the persons appointed
under—

(a) section 36(1) of the Terrorism Act 2006,

(b) section 31(1) of the Terrorist Asset-Freezing etc. Act 2010, and

(c) section 20(1) of the Terrorism Prevention and Investigation Measures
20Act 2011,

in the discharge of their functions.

(2) The body is to be known as the Privacy and Civil Liberties Board.

(3) Regulations under this section may include provision about—

(a) the membership of the board;

(b) 25the appointment of members;

(c) the payment of expenses and allowances to members;

(d) the circumstances in which a person ceases to be a member;

(e) the appointment of staff, their terms and conditions of employment
and their pensions, allowances or gratuities;

(f) 30the organisation and procedure of the board;

(g) particular things that the board may or must do;

(h) the preparation and publication of reports and accounts.

(4) Regulations under this section must provide for the board to be chaired by the
person appointed under section 36(1) of the Terrorism Act 2006.

(5) 35Regulations under this section may contain incidental, consequential,
transitional or supplementary provision.

This includes provision amending, applying (with or without modifications),
disapplying, repealing or revoking any provision of primary legislation,
whenever passed or made.

40This includes provision amending, applying (with or without modifications),
disapplying, repealing or revoking any provision of primary legislation,
whenever passed or made.

(6) A statutory instrument—

(a) containing the first regulations under this section, or

Counter-Terrorism and Security BillPage 23

(b) containing any regulations under this section that amend, repeal or
revoke anything in primary legislation (whether alone or with other
provision),

may not be made unless a draft of the instrument has been laid before each
5House of Parliament and approved by a resolution of each House.

(7) A statutory instrument containing regulations under this section to which
subsection (6) does not apply is subject to annulment in pursuance of a
resolution of either House of Parliament.

(8) In this section “primary legislation” has the same meaning as in section 38.

37 10Review of certain naturalisation decisions by Special Immigration Appeals
Commission

In section 2D of the Special Immigration Appeals Commission Act 1997
(jurisdiction: review of certain naturalisation and citizenship decisions), in
subsection (1)(a)(i), after “6” insert “or 18”.

15General

38 Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential
on any provision of this Act.

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

(a) 20is exercisable by statutory instrument;

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

(c) may, in particular, be exercised by amending, repealing, revoking or
otherwise modifying any provision made by or under primary
legislation passed before this Act or in the same Session.

(3) 25A statutory instrument containing regulations under this section that amend,
repeal or revoke anything in primary legislation (whether alone or with other
provision) may be made only if a draft of the instrument has been laid before
each House of Parliament and approved by a resolution of each House.

(4) Any other statutory instrument containing regulations under this section is
30subject to annulment in pursuance of a resolution of either House of
Parliament.

(5) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

(c) 35a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

39 Transitional provision

(1) In relation to offences committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, the reference in section 9(5)(b) to 12 months is to be
40read as a reference to 6 months.

Counter-Terrorism and Security BillPage 24

(2) In relation to offences committed before section 85(1) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force—

(a) the reference in section 9(5)(b) to a fine is to be read as reference to a fine
not exceeding the statutory maximum;

(b) 5paragraph 15(3)(b) of Schedule 1 has effect as if the words “in Scotland
or Northern Ireland” were omitted.

(3) The amendments made by subsections (3) and (4) of section 13 apply only to
things done and offences committed after that section comes into force.

40 Financial provision

10There is to be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable under any other Act out of money
so provided.

41 Extent

(1) Part 5 extends to England and Wales and Scotland.

(2) 15The other provisions of this Act extend to England and Wales, Scotland and
Northern Ireland.

(3) Her Majesty may by Order in Council direct that any of the provisions of Parts
1 and 4 are to extend, with whatever modifications appear to Her Majesty to be
appropriate, to any of the Channel Islands or the Isle of Man.

(4) 20The power under section 39(6) of the Terrorism Act 2006 (extension to the
Channel Islands or the Isle of Man) may be exercised in relation to any
amendments made to that Act by this Act.

(5) The power under section 31(4) of the Terrorism Prevention and Investigation
Measures Act 2011 (extension to the Isle of Man) may be exercised in relation
25to any amendments made to that Act by this Act.

(6) The power under section 39(3) of the Aviation Security Act 1982 (extension to
the Channel Islands, Isle of Man etc) may be exercised in relation to any
amendments made to that Act by this Act.

(7) The power under section 51(1) of the Aviation and Maritime Security Act 1990
30(extension to the Channel Islands, Isle of Man etc) may be exercised in relation
to the amendments made to that Act by this Act.

(8) The power under section 9(3) of the Special Immigration Appeals Commission
Act 1997 (extension to the Channel Islands or the Isle of Man) may be exercised
in relation to any amendments made to that Act by this Act.

42 35Commencement

(1) Chapter 1 of Part 1 comes into force on the day after the day on which this Act
is passed.

(2) The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—

(a) 40Chapter 2 of Part 5;

(b) section 36.

Counter-Terrorism and Security BillPage 25

(3) The following provisions come into force on whatever day or days the
Secretary of State appoints by regulations made by statutory instrument—

(a) Part 3;

(b) section 18(10);

(c) 5Part 2 of Schedule 2 and section 20 so far as relating to that Part;

(d) Chapter 1 of Part 5.

(4) Regulations under subsection (3)

(a) may make different provision for different purposes;

(b) may make transitory, transitional or saving provision.

(5) 10The other provisions of this Act come into force on the day on which this Act
is passed.

43 Short title

This Act may be cited as the Counter-Terrorism and Security Act 2014.

Counter-Terrorism and Security BillPage 26

SCHEDULES

Section 1

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

Interpretation

1 (1) 5The following definitions have effect for the purposes of this Schedule.

(2) “Immigration officer” means a person who is appointed as an immigration
officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

(3) “Customs official” means a person who is designated as a general customs
official under section 3(1) of the Borders, Citizenship and Immigration Act
102009 or as a customs revenue official under section 11(1) of that Act.

(4) “Qualified officer” means an immigration officer or customs official who is
designated by the Secretary of State for the purposes of this Schedule.

(5) “Senior police officer” means a police officer of at least the rank of
superintendent.

(6) 15“Travel document” means anything that is or appears to be—

(a) a passport, or

(b) a ticket or other document that permits a person to make a journey
by any means from a place within Great Britain to a place outside
Great Britain, or from a place within Northern Ireland to a place
20outside the United Kingdom.

(7) “Passport” means—

(a) a United Kingdom passport (within the meaning of the Immigration
Act 1971),

(b) a passport issued by or on behalf of the authorities of a country or
25territory outside the United Kingdom, or by or on behalf of an
international organisation, or

(c) a document that can be used (in some or all circumstances) instead
of a passport.

(8) “Port” means—

(a) 30an airport,

(b) a sea port,

(c) a hoverport,

(d) a heliport,

(e) a railway station where passenger trains depart for, or arrive from,
35places outside the United Kingdom, or

Counter-Terrorism and Security BillPage 27

(f) any other place at which a person is able, or attempting, to get on or
off any craft, vessel or vehicle in connection with entering or leaving
Great Britain or Northern Ireland.

(9) A place is “in the border area” if it is in Northern Ireland and is no more than
5one mile from the border between Northern Ireland and the Republic of
Ireland.

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

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

(b) 10conduct that facilitates the commission, preparation or instigation of
such 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
15known or believed by the person concerned to be involved in
conduct falling within paragraph (a).

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

(11) “Terrorism” and “terrorist” have the same meaning as in the Terrorism Act
202000 (see sections 1(1) to (4) and 40 of that Act).

(12) “Judicial authority” means—

(a) in England and Wales, a District Judge (Magistrates’ Courts) who
is—

(i) designated under paragraph 29(4)(a) of Schedule 8 to the
25Terrorism Act 2000, or

(ii) designated for the purposes of this Schedule by the Lord
Chief Justice of England and Wales;

(b) in Scotland, the sheriff;

(c) in Northern Ireland, a county court judge, or a district judge
30(magistrates’ courts) who is—

(i) designated under paragraph 29(4)(c) of Schedule 8 to the
Terrorism Act 2000, or

(ii) designated for the purposes of this Schedule by the Lord
Chief Justice of Northern Ireland.

(13) 35The Lord Chief Justice may nominate a judicial office holder (as defined in
section 109(4) of the Constitutional Reform Act 2005) to exercise his or her
functions under sub-paragraph (12)(a)(ii).

(14) The Lord Chief Justice of Northern Ireland may nominate any of the
following to exercise his or her functions under sub-paragraph (12)(c)(ii)

(a) 40the holder of one of the offices listed in Schedule 1 to the Justice
(Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(15) “The 14-day period” and “the 30-day period” have the meanings given by
paragraphs 5(2) and 8(7) respectively.

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Powers of search and seizure etc

2 (1) This paragraph applies in the case of a person at a port in Great Britain if a
constable has reasonable grounds to suspect that the person—

(a) is there with the intention of leaving Great Britain for the purpose of
5involvement in terrorism-related activity outside the United
Kingdom, or

(b) has arrived in Great Britain with the intention of leaving it soon for
that purpose.

(2) This paragraph applies in the case of a person at a port in Northern Ireland,
10or in the border area, if a constable has reasonable grounds to suspect that
the person—

(a) is there with the intention of leaving the United Kingdom for the
purpose of involvement in terrorism-related activity outside the
United Kingdom, or

(b) 15has arrived in Northern Ireland with the intention of leaving the
United Kingdom soon for that purpose.

(3) The constable may—

(a) exercise any of the powers in sub-paragraph (5) in the case of the
person, or

(b) 20direct a qualified officer to do so.

(4) A qualified officer must (if able to do so) comply with any direction given by
a constable under sub-paragraph (3)(b).

(5) The powers are—

(a) to require the person to hand over all travel documents in his or her
25possession to the constable or (as the case may be) the qualified
officer;

(b) to search for travel documents relating to the person and to take
possession of any that the constable or officer finds;

(c) to inspect any travel document relating to the person;

(d) 30to retain any travel document relating to the person that is lawfully
in the possession of the constable or officer.

(6) The power in sub-paragraph (5)(b) is a power to search—

(a) the person;

(b) anything that the person has with him or her;

(c) 35any vehicle in which the officer believes the person to have been
travelling or to be about to travel.

(7) A constable or qualified officer—

(a) may stop a person or vehicle for the purpose of exercising a power in
sub-paragraph (5)(a) or (b);

(b) 40may if necessary use reasonable force for the purpose of exercising a
power in sub-paragraph (5)(a) or (b);

(c) may authorise a person to carry out on the constable’s or officer’s
behalf a search under sub-paragraph (5)(b).

(8) A constable or qualified officer exercising a power in sub-paragraph (5)(a) or
45(b) must tell the person that—

Counter-Terrorism and Security BillPage 29

(a) the person is suspected of intending to leave Great Britain or (as the
case may be) the United Kingdom for the purpose of involvement in
terrorism-related activity outside the United Kingdom, and

(b) the constable or officer is therefore entitled under this Schedule to
5exercise the power.

(9) Where a travel document relating to the person is in the possession of an
immigration officer or customs official (whether a qualified officer or not),
the constable may direct the officer or official—

(a) to pass the document to a constable as soon as practicable, and

(b) 10in the meantime to retain it.

The officer or official must comply with any such direction.

Travel documents in possession of immigration officers or customs officials

3 (1) Where—

(a) a travel document lawfully comes into the possession of an
15immigration officer or customs official (whether a qualified officer or
not) without a power under paragraph 2 being exercised, and

(b) as soon as possible after taking possession of the document, the
officer or official asks a constable whether the constable wishes to
give a direction under paragraph 2(9) in relation to the document,

20the officer or official may retain the document until the constable tells him
or her whether or not the constable wishes to give such a direction.

(2) A request under sub-paragraph (1) must be considered as soon as possible.

Authorisation by senior police officer for retention of travel document

4 (1) Where a travel document is in the possession of a constable or qualified
25officer as a result of the exercise of a power under paragraph 2, the relevant
constable must as soon as possible either—

(a) seek authorisation from a senior police officer for the document to be
retained, or

(b) ensure that the document is returned to the person to whom it
30relates.

“The relevant constable” means the constable by whom, or on whose
direction, the power was exercised.

(2) The document may be retained while an application for authorisation is
considered.

(3) 35A constable or qualified officer retaining a travel document under sub-
paragraph (2) must tell the person to whom the document relates that—

(a) the person is suspected of intending to leave Great Britain or (as the
case may be) the United Kingdom for the purpose of involvement in
terrorism-related activity outside the United Kingdom, and

(b) 40the constable or officer is therefore entitled under this Schedule to
retain the document while the matter is considered by a senior police
officer.

This does not apply if the constable or qualified officer expects the
application for authorisation to be dealt with immediately, or if sub-
45paragraph (4) has been complied with.