Counter-Terrorism and Border Security Bill (HC Bill 219)

(a) in sub-paragraph (1), for “vehicle” substitute “through
train or shuttle train;

(b) in sub-paragraph (2), for “ship, aircraft or vehicle”
35substitute “through train or shuttle train”;

(c) omit sub-paragraph (4).

(5) In paragraph 7, for “ship or aircraft”, in each place where it occurs,
substitute “through train or shuttle train”.

(6) In paragraph 8

(a) 40in sub-paragraph (1), for “ship or aircraft”, in each place
where it occurs, substitute “through train or shuttle train”;

(b) omit sub-paragraph (2).

(7) In paragraph 9

Counter-Terrorism and Border Security BillPage 66

(a) in sub-paragraph (2)—

(i) in paragraph (a) omit “or Northern Ireland”;

(ii) in paragraph (a) for “ship or vehicle” substitute
“through train or shuttle train”;

(iii) 5omit paragraph (b);

(b) omit sub-paragraphs (3) and (4);

(c) in sub-paragraph (5), omit paragraph (b);

(d) in sub-paragraph (6)—

(i) for “ship or aircraft” substitute “through train or
10shuttle train”;

(ii) omit paragraph (b).

(8) Omit paragraph 56.

(9) In paragraph 57

(a) in sub-paragraph (4) omit the references to “captain”,
15“ship” and “vehicle” and for “an airport and a hoverport”
substitute “a railway station or other place where persons
embark or disembark, or goods are loaded or unloaded, on
or from a through train or shuttle train (as the case may
be)”;

(b) 20in sub-paragraph (5), for “ship or aircraft”, in both places,
substitute “through train or shuttle train”;

(c) omit sub-paragraph (6).

(10) In the following provisions, omit “or 2”—

(a) paragraph 3;

(b) 25paragraph 4(1);

(c) paragraph 5(1);

(d) paragraph 6;

(e) paragraph 24(2) and (8);

(f) paragraph 45(4) and (6);

(g) 30paragraph 48(1)(a) and (2).

(11) In the following provisions, after “this Schedule” insert “or the
Channel Tunnel (International Arrangements) Order 1993”—

(a) paragraph 49(1) and (2) (in each place where the words
occur);

(b) 35paragraph 52(1);

(c) paragraph 54.”

(2) Nothing in this paragraph affects the power in section 11 of the Channel
Tunnel Act 1987 to revoke or amend any provision of the Order amended by
that sub-paragraph.

40Part 8 Interpretation

57 (1) This paragraph applies for the purposes of this Schedule.

(2) References to engagement in hostile activity are to be read in accordance
with paragraph 1(5); and references to a “hostile act” are to be read in
45accordance with paragraph 1(6).

Counter-Terrorism and Border Security BillPage 67

(3) “Examining officer” means—

(a) a constable,

(b) an immigration officer who is designated as an examining officer for
the purposes of Schedule 7 to the Terrorism Act 2000 (see paragraph
51(1)(b) of that Schedule), and

(c) a customs officer who is designated for the purposes of that Schedule
(see paragraph 1(1)(c) of that Schedule).

(4) The following terms have the meaning given—

  • “act” includes omission;

  • 10“article” includes a substance and any other thing;

  • “customs officer” means an officer of Revenue and Customs;

  • “immigration officer” means a person appointed as an immigration
    officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

  • “the Investigatory Powers Commissioner” and “Judicial
    15Commissioner” have the same meanings as in the Investigatory
    Powers Act 2016 (see section 263(1) of that Act);

  • “port” includes an airport and a hoverport;

  • “property” includes property wherever situated and whether real or
    personal, heritable or moveable, and things in action and other
    20intangible or incorporeal property;

  • “ship” includes a hovercraft;

  • “vehicle” includes a train.

(5) A place is to be treated as a port in relation to a person if an examining officer
believes the person—

(a) 25has gone there for the purpose of embarking on a ship or aircraft, or

(b) has arrived there on disembarking from a ship or aircraft.

(6) A place is within the “border area” if it is in Northern Ireland and—

(a) it is no more than one mile from the border between Northern
Ireland and the Republic of Ireland, or

(b) 30it is the first place at which a train travelling from the Republic of
Ireland stops for the purposes of allowing passengers to leave.

(7) References to crime include references to any conduct which—

(a) constitutes one or more criminal offences, or

(b) is, or corresponds to, any conduct which, if it all took place in any one
35part of the United Kingdom, would constitute one or more criminal
offences.

(8) References to an enactment include references to—

(a) an enactment comprised in subordinate legislation within the
meaning of the Interpretation Act 1978,

(b) 40an enactment comprised in, or in an instrument made under, an Act
of the Scottish Parliament, and

(c) an enactment comprised in, or in an instrument made under,
Northern Ireland legislation.

(9) References to serious crime are to be read in accordance with paragraph
451(7)(d).

(10) References to a part of the United Kingdom are references to—

(a) England and Wales,

Counter-Terrorism and Border Security BillPage 68

(b) Scotland, or

(c) Northern Ireland.

Section 21

SCHEDULE 4 Minor and consequential amendments

5Part 1 Consequential amendments relating to section 8

Children and Young Persons Act 1933 (c. 12)1933 (c. 12)

1 In the Children and Young Persons Act 1933, in section 49 (restrictions on
reports of proceedings in which children or young persons are concerned)—

(a) 10in subsection (6)—

(i) omit “or” at the end of paragraph (b);

(ii) after paragraph (b) insert—

(ba) a terrorism offence, or”;

(b) in subsection (11), after the definition of “specified” insert—

  • 15““terrorism offence” means an offence listed in Part 3 of
    Schedule 15 to the Criminal Justice Act 2003;”.

Parliamentary Commissioner Act 1967 (c. 13)1967 (c. 13)

2 In the Parliamentary Commissioner Act 1967, in section 5 (matters subject to
investigation), in subsection (1B)(b) for “or violent” substitute “, violent or
20terrorism”.

Bail Act 1976 (c. 63)1976 (c. 63)

3 (1) The Bail Act 1976 is amended as follows.

(2) In section 2 (interpretation), in subsection (2), after the definition of
“surrender to custody” insert—

  • 25““terrorism offence” means an offence specified in Part 3 of
    Schedule 15 to the Criminal Justice Act 2003,”.

(3) In section 3AA (conditions for the imposition of electronic monitoring
requirements on children and young persons other than in extradition
proceedings), in subsection (3)(a) for “or sexual” substitute “, sexual or
30terrorism”.

(4) In section 3AAA (conditions for the imposition of electronic monitoring
requirements on children and young persons in extradition proceedings), in
subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.

Repatriation of Prisoners Act 1984 (c. 47)1984 (c. 47)

4 35In the Repatriation of Prisoners Act 1984, in the Schedule (operation of
certain enactments in relation to prisoners to whom the Act applies), in
paragraph 2(3A) for “or sexual” substitute “, sexual or terrorism”.

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Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)

5 In the Police and Criminal Evidence Act 1984, in section 38 (duties of
custody officer after charge), in subsection (6A)—

(a) after the definition of “sexual offence” insert—

  • 5““terrorism offence” means an offence specified in Part
    3 of that Schedule;”;

(b) in the closing words, for “or sexual” substitute “, sexual or
terrorism”.

Road Traffic Offenders Act 1988 (c. 53)1988 (c. 53)

6 10In the Road Traffic Offenders Act 1988, in section 35A (extension of
disqualification where custodial sentence also imposed), in subsection (4)—

(a) in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)2000 (c. 6)

7 (1) 15The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 106A (interaction between detention and training order and
sentence of detention), in subsection (1), in paragraph (b) of the definition of
“sentence of detention”, for “or sexual” substitute “, sexual or terrorism”.

(3) In section 147A (extension of driving disqualification where custodial
20sentence imposed), in subsection (4)—

(a) in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

Licensing Act 2003 (c. 17)2003 (c. 17)

8 In the Licensing Act 2003, in Schedule 4 (personal licence: relevant offences),
25after paragraph 19A insert—

19B An offence listed in Part 3 of Schedule 15 to the Criminal Justice
Act 2003 (specified terrorism offences).”

Criminal Justice Act 2003 (c. 44)2003 (c. 44)

9 (1) The Criminal Justice Act 2003 is amended as follows.

(2) 30In Schedule 15 (specified offences for the purposes of certain sentencing
provisions in Chapter 5 of Part 12, relating to dangerous offenders), in Part
1 (specified violent offences) omit the following paragraphs (which mention
terrorism offences that appear in the new Part 3, to be inserted by section 8
of this Act)—

(a) 35paragraph 59A;

(b) paragraph 59B;

(c) paragraph 59C;

(d) paragraph 59D;

(e) paragraph 60A;

(f) 40paragraph 60B;

(g) paragraph 60C;