Counter-Terrorism and Border Security Bill (HC Bill 219)
Counter-Terrorism and Border Security BillPage 20
Part 3 Final provisions
21 Minor and consequential amendments
(1) Schedule 4 contains minor and consequential amendments.
(2)
5The Secretary of State may by regulations make provision that is consequential
on any provision made by this Act.
(3)
Regulations under this section may amend any enactment passed or made
before this Act or in the same Session.
(4)
A statutory instrument containing regulations under this section any of which
10amend primary legislation may not be made unless a draft of the instrument
has been laid before and approved by a resolution of each House of Parliament.
(5)
A statutory instrument containing regulations under this section none of
which amends primary legislation is subject to annulment in pursuance of a
resolution of either House of Parliament.
(6) 15Regulations under this section—
(a) are to be made by statutory instrument;
(b) may make different provision for different purposes;
(c)
may include incidental, supplementary, consequential, transitional or
saving provision.
(7) 20In this section—
-
“amend” includes repeal or revoke;
-
“enactment” includes—
(a)an enactment comprised in subordinate legislation within the
meaning of the Interpretation Act 1978,(b)25an enactment comprised in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales,(c)an enactment comprised in, or in an instrument made under, an
Act of the Scottish Parliament, and(d)an enactment comprised in, or in an instrument made under,
30Northern Ireland legislation; -
“primary legislation” means—
(a)an Act of Parliament,
(b)an Act or Measure of the National Assembly for Wales,
(c)an Act of the Scottish Parliament, or
(d)35Northern Ireland legislation.
22 Notification requirements: transitional provisions
(1)
The amendments made by sections 11 and 12 apply in relation to notification
requirements that apply to a person in respect of an offence committed, or a
sentence or order imposed, before, on or after the commencement day.
(2)
40The amendments made by sections 11 and 12 apply in relation to a person to
whom the notification requirements apply whether the person became subject
to those requirements before the commencement day or becomes so on or after
the commencement day, subject as follows.
Counter-Terrorism and Border Security BillPage 21
(3)
If the person has made an initial notification under section 47 of the Counter-
Terrorism Act 2008 before the commencement day, the person must make a
further such notification under that section of the information in subsection (2)
of that section, as amended by section 11 of this Act.
(4)
5So far as relating to the further notification mentioned in subsection (3), the
reference in section 47(1) of the Counter-Terrorism Act 2008 to the period of
three days beginning with the day on which the person was dealt with in
respect of the offence is to be read—
(a)
in the case of a person who has a sole or main residence in the United
10Kingdom, as a reference to the period of three months beginning with
the commencement day;
(b)
in the case of a person who does not have a sole or main residence in
the United Kingdom, as a reference to the period of one week beginning
with the commencement day.
(5)
15The requirement imposed by subsection (3) to notify information under section
47(1) of the Counter-Terrorism Act 2008 within a period mentioned in
subsection (4) of this section does not apply if the information is otherwise
notified before the end of that period when a person complies with a duty
imposed by—
(a) 20section 48 of that Act (notification of changes: general);
(b)
section 48A of that Act (notification of changes: financial information
and information about identification documents);
(c) section 49 of that Act (periodic re-notification).
(6)
For the purposes of section 54(1) of the Counter-Terrorism Act 2008 (offences
25relating to notification), references to compliance with section 47 are to be read
as including references to compliance with that section as modified in
accordance with subsections (3) and (4).
(7)
The amendment made by paragraph 40 of Schedule 4 does not apply in relation
to a person whose intended date of departure is before the end of the period of
307 days beginning with the day on which the amendment comes into force.
(8)
In this section, “the commencement day” means the day on which section 11
comes into force.
23 Other transitional provisions
(1)
An amendment made by any of sections 1 to 5 applies only in a case where
35every act or other event proof of which is required for conviction of the offence
in question takes place on or after the day on which the amendment comes into
force.
(2)
An amendment made by section 6 or 7 applies only in relation to an offence
committed on or after the day on which the amendment comes into force.
(3)
40Except as otherwise provided by subsection (4), an amendment made by
section 8 or 9, or by Part 1 of Schedule 4, applies in relation to a person
sentenced for an offence on or after the day on which the amendment comes
into force, whether the offence was committed before that day or on or after it.
(4)
The amendments made by section 8 and Part 1 of Schedule 4, so far as they
45have effect for the purposes of the following provisions, apply only in relation
to a person sentenced for an offence committed on or after the day on which
they come into force—
Counter-Terrorism and Border Security BillPage 22
(a) sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003, and
(b) sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006.
(5)
An amendment made by section 10 or Part 2 of Schedule 4 applies only in
relation to a person sentenced for an offence committed on or after the day on
5which the amendment comes into force.
(6)
An amendment made by section 13 applies in relation to an offence or conduct
whether committed or occurring before the day on which the amendment
comes into force or on or after that day.
(7)
An amendment made by the following provisions of Schedule 2 applies only
10in respect of a national security determination made or renewed on or after the
day on which the amendment comes into force—
(a) paragraph 3(4);
(b) paragraph 7(4);
(c) paragraph 10(4);
(d) 15paragraph 13(4);
(e) paragraph 16(4);
(f) paragraph 19.
(8) For the purposes of subsection (7)—
(a)
it does not matter whether the material to which the determination
20relates was taken or provided, or was derived from material taken or
provided, before the day on which the amendment comes into force or
on or after that day;
(b)
the reference to the renewal of a determination on or after that day
includes a reference to the renewal of a determination that was first
25made before that day.
(9)
The powers conferred by Schedule 3 are exercisable in relation to a hostile act
whether carried out before the day on which that Schedule comes into force or
on or after that day.
24 Extent
(1)
30This Act extends to England and Wales, Scotland and Northern Ireland, except
as otherwise provided by subsections (2) to (6).
(2) Section 8 extends to England and Wales only.
(3) Section 9 extends to Scotland only.
(4) Section 10 extends to Northern Ireland only.
(5) 35The following provisions extend to England and Wales and Scotland only—
(a) section 14;
(b) section 18;
(c) section 19.
(6)
An amendment or repeal made by Schedule 2 or 4 has the same extent as the
40provision amended or repealed.
(7)
The power under section 338(1) of the Criminal Justice Act 2003 (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.
Counter-Terrorism and Border Security BillPage 23
(8)
The 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.
(9)
The power under section 31(4) of the Terrorism Prevention and Investigation
5Measures Act 2011 (extension to the Isle of Man) may be exercised in relation
to any amendments made to that Act by this Act.
25 Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
(a) 10section 19;
(b) section 21(2) to (7);
(c) section 24;
(d) this section;
(e) section 26;
(f)
15any other provision of this Act so far as necessary for enabling the
exercise on or after the day on which this Act is passed of any power
under Schedule 3 to make regulations or to issue codes of practice.
(2)
The following provisions come into force on such day or days as the Secretary
of State may by regulations appoint—
(a) 20sections 15 and 16;
(b) section 17 and Schedule 2;
(c)
section 20 and Schedule 3 (so far as not brought into force by subsection
(1)(f) of this section);
(d) Part 3 of Schedule 4 and section 21(1) so far as relating to that Part.
(3)
25The other provisions of this Act come into force at the end of the period of two
months beginning with the day on which this Act is passed.
(4)
The Secretary of State may by regulations make transitional or saving
provision in connection with the coming into force of any provision of this Act.
(5) Regulations under this section are to be made by statutory instrument.
26 30Short title
This Act may be cited as the Counter-Terrorism and Border Security Act 2018.
Counter-Terrorism and Border Security BillPage 24
SCHEDULES
Section 11
SCHEDULE 1
Notification requirements: financial information and information about
identification documents
5This is the Schedule to be inserted as Schedule 3A to the Counter-Terrorism
Act 2008—
Section 47
““Schedule 3A
Notification requirements: financial information and information
about identification documents
Financial information
1
(1)
10The financial information referred to in section 47(2)(gb) that a
person to whom the notification requirements apply must provide
is—
(a)
the information specified in sub-paragraph (2) in respect of
each account that the person holds with a financial
15institution on the date on which the notification is made,
and
(b) if the person runs a business through a company—
(i)
the information specified in sub-paragraph (2) in
respect of each account that the company holds
20with a financial institution on the date on which the
notification is made, and
(ii) the name of the company concerned.
(2)
The information required to be given in respect of each account
is—
(a)
25the name of the financial institution with which the
account is held;
(b)
the address of the office at which the account is held and,
if the office is outside the United Kingdom, the address of
the principal office of the financial institution (if any) in the
30United Kingdom;
(c) the number of the account;
(d) the sort code, if any, in relation to the account;
(e)
the card number of each payment card relating to the
account;
(f)
35the start date (if any) and expiry date in relation to each
such card.
(3) For the purposes of this paragraph—
Counter-Terrorism and Border Security BillPage 25
(a)
“company” includes any body corporate, partnership or
unincorporated association;
(b)
“financial institution” means a person who, in the course of
a business, provides financial services consisting of the
5provision of current or savings accounts or payment card
facilities;
(c)
“payment card” means a credit card, a charge card, a
prepaid card and a debit card;
(d)
it does not matter if an account is held solely or jointly with
10one or more other persons;
(e)
a person “runs” a business if the person (whether solely or
jointly with one or more other persons) exercises, or is
entitled to exercise, control or management of the business.
Information about identification documents
2
15The information about identification documents referred to in
section 47(2)(gc) that a person to whom the notification
requirements apply must provide is—
(a)
where the person holds one or more passports on the date
on which notification is made, for each passport that the
20person holds—
(i) the number of the passport;
(ii) the person’s full name as it appears in the passport;
(iii)
where the passport was issued by or on behalf of
the authorities of a country, the name of the
25country;
(iv)
where the passport was issued by or on behalf of an
international organisation, the name of the
organisation;
b
(b)
where the person does not hold a passport, but does hold
30one or more other identity documents (within the meaning
of section 7 of the Identity Documents Act 2010) on the
date on which notification is made, for each identity
document that the person holds—
(i) a description of the identity document;
(ii) 35the issue number (if any) of the identity document;
(iii)
the person’s full name as it appears in the identity
document;
(iv)
where the identity document was issued by or on
behalf of the authorities of a country, the name of
40the country;
(v)
where the identity document was issued by or on
behalf of an international organisation, the name of
the organisation.”
Counter-Terrorism and Border Security BillPage 26
Section 17
SCHEDULE 2 Retention of biometric data for counter-terrorism purposes etc
Police and Criminal Evidence Act 1984
1 The Police and Criminal Evidence Act 1984 is amended as follows.
2
(1)
5Section 63F (retention of section 63D material: persons arrested for or
charged with a qualifying offence) is amended as follows.
(2) In subsection (3), for “or (5)” substitute “, (5) or (5A)”.
(3)
In subsection (5)(a), after “qualifying offence” insert “, other than a
terrorism-related qualifying offence,”.
(4) 10After subsection (5) insert—
“(5A) Material falls within this subsection if—
(a)
it relates to a person who is arrested for a terrorism-related
qualifying offence but is not charged with that offence, and
(b)
it was taken (or, in the case of a DNA profile, derived from a
15sample taken) in connection with the investigation of the
offence.”
(5)
In subsection (11), after the definition of “a specified chief officer of police”
insert—
-
““terrorism-related qualifying offence” means—
(a)20an offence for the time being listed in section 41(1) of the
Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or(b)an ancillary offence, as defined by section 65A(5) below,
relating to an offence for the time being listed in section 41(1)
of that Act.”
3
(1)
25Section 63M (retention of section 63D material for purposes of national
security) is amended as follows.
(2) In subsection (1), for “the responsible” substitute “a”.
(3) In subsection (2), for “the responsible” substitute “a”.
(4) In subsection (3)(b), for “2 years” substitute “5 years”.
4 30After section 63P insert—
“63PA Retention of further sets of fingerprints
(1)
This section applies where section 63D material is or includes a
person’s fingerprints (“the original fingerprints”).
(2)
A constable may make a determination under this section in respect
35of any further fingerprints taken from the same person (“the further
fingerprints”) if any of conditions 1 to 3 are met.
(3) Condition 1 is met if—
(a) the further fingerprints are section 63D material, and
(b)
the further fingerprints or the original fingerprints were
40taken in connection with a terrorist investigation.
Counter-Terrorism and Border Security BillPage 27
(4)
Condition 2 is met if the further fingerprints were taken from the
person in England or Wales under—
(a) paragraph 10 of Schedule 8 to the Terrorism Act 2000,
(b)
paragraph 1 of Schedule 6 to the Terrorism Prevention and
5Investigation Measures Act 2011, or
(c)
paragraph 27 of Schedule 3 to the Counter-Terrorism and
Border Security Act 2018.
(5) Condition 3 is met if the further fingerprints—
(a)
are material to which section 18 of the Counter-Terrorism Act
102008 applies, and
(b) are held under the law of England and Wales.
(6)
Where a determination under this section is made in respect of the
further fingerprints—
(a)
the further fingerprints may be retained for as long as the
15original fingerprints are retained under a power conferred by
sections 63E to 63O (including those sections as applied by
section 63P), and
(b)
a requirement under any enactment to destroy the further
fingerprints does not apply for as long their retention is
20authorised by paragraph (a).
(7)
Subsection (6)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the
continued retention of the further fingerprints is authorised under
any enactment.
(8)
25A written record must be made of a determination under this
section.”
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12))
5
(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.
(2)
30In Article 63D (retention of Article 63B material: persons arrested for or
charged with a qualifying offence) (as inserted by Schedule 2 to the Criminal
Justice Act (Northern Ireland) 2013 (c. 7 N.I.))—
(a) in paragraph (1), for sub-paragraph (a) substitute—
“(a) relates to a person who—
(i)
35is arrested for a qualifying offence other
than a terrorism-related qualifying offence
but is not charged with that offence, or
(ii)
is charged with any qualifying offence but
is not convicted of that offence, and”;
(b) 40in paragraph (14), after the definition of “prescribed” insert—
-
“““terrorism-related qualifying offence” means—
(a)an offence for the time being listed in section
41(1) of the Counter-Terrorism Act 2008 (see
Article 53A(2)(r)), or(b)45an ancillary offence, as defined by Article
53A(4), relating to an offence for the time
being listed in section 41(1) of that Act.”
Counter-Terrorism and Border Security BillPage 28
(3) After Article 63D insert—
““Retention of Article 63B material: persons arrested for terrorism-related
qualifying offence
63DA (1) This Article applies to Article 63B material which—
(a)
5relates to a person who is arrested for a terrorism-related
qualifying offence but is not charged with that offence, and
(b)
was taken (or, in the case of a DNA profile, derived from a
sample taken) in connection with the investigation of the
offence.
(2)
10If the person has previously been convicted of a recordable offence
which is not an excluded offence, or is so convicted before the
material is required to be destroyed by virtue of this Article, the
material may be retained indefinitely.
(3) Otherwise, the material may be retained—
(a)
15in the case of fingerprints, for the period of 3 years
beginning with the date on which the fingerprints were
taken;
(b)
in the case of a DNA profile, for the period of 3 years
beginning with the date on which the DNA sample from
20which the profile was derived was taken (or, if the profile
was derived from more than one DNA sample, the date on
which the first of those samples was taken).
(4) In this Article—
-
“excluded offence”, in relation to a person, means a
25recordable offence—(a)which—
(i)is not a qualifying offence,
(ii)is the only recordable offence of which the
person has been convicted, and(iii)30was committed when the person was aged
under 18, and(b)for which the person was not given a custodial
sentence of 5 years or more; -
“terrorism-related qualifying offence” means—
(a)35an offence for the time being listed in section 41(1) of
the Counter-Terrorism Act 2008 (see Article
53A(2)(r)), or(b)an ancillary offence, as defined by Article 53A(4),
relating to an offence for the time being listed in
40section 41(1) of that Act.”
Criminal Procedure (Scotland) Act 1995
6 The Criminal Procedure (Scotland) Act 1995 is amended as follows.
7
(1)
Section 18G (retention of samples etc: national security) is amended as
follows.
(2)
45In subsection (2) for “the relevant chief constable” substitute “the chief
constable of the Police Service of Scotland”.
Counter-Terrorism and Border Security BillPage 29
(3)
In subsection (3) for “the relevant chief constable” substitute “the chief
constable of the Police Service of Scotland”.
(4) In subsection (4)(b) for “2 years” substitute “5 years”.
(5) Omit subsection (6).
8 5After section 18G insert—
“18GA Retention of further fingerprints
(1) This section applies where—
(a)
relevant physical data to which section 18G applies has been
taken from or provided by a person, and
(b)
10the data is or includes the person’s fingerprints (“the original
fingerprints”).
(2)
A constable may make a determination under this section in respect
of any further fingerprints taken from, or provided by, the same
person (“the further fingerprints”) if—
(a) 15the further fingerprints were taken under or by virtue of—
(i)
any provision, power or authority mentioned in
section 18G(1), or
(ii)
paragraph 4 of Schedule 6 to the Terrorism
Prevention and Investigation Measures Act 2011, and
(b)
20the further fingerprints or the original fingerprints were
taken—
(i)
in connection with a terrorist investigation, as defined
by section 32 of the Terrorism Act 2000, or
(ii)
under a power conferred by virtue of paragraph 35 of
25Schedule 3 to the Counter-Terrorism and Border
Security Act 2018.
(3)
Where a determination under this section is made in respect of the
further fingerprints—
(a)
the further fingerprints may be retained for as long as the
30original fingerprints are retained in accordance with this
Part, and
(b)
a requirement under any enactment to destroy the further
fingerprints does not apply for as long their retention is
authorised by paragraph (a).
(4)
35Subsection (3)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the
continued retention of the further fingerprints is authorised under
any enactment.
(5)
A written record must be made of a determination under this
40section.”
Terrorism Act 2000
9
Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of persons detained
under section 41 of, or Schedule 7 to, that Act) is amended as follows.
10 (1) Paragraph 20E is amended as follows.