Counter-Terrorism and Border Security Bill (HC Bill 219)
SCHEDULE 4 continued PART 1 continued
Counter-Terrorism and Border Security BillPage 70
(h) paragraph 63B;
(i) paragraph 63C;
(j) paragraph 63D;
(k) paragraph 63E;
(l) 5paragraph 63F.
(3)
In Schedule 18A (offences for which a special custodial sentence for certain
offenders of particular concern may be imposed)—
(a) in paragraph 7, for “the Terrorism Act 2000” substitute “that Act”;
(b) in paragraph 14, for “the Terrorism Act 2006” substitute “that Act”.
10Domestic Violence, Crime and Victims Act 2004 (c. 28)2004 (c. 28)
10
In the following provisions of the Domestic Violence, Crime and Victims Act
2004 (which relate to duties of local probation boards in connection with
victims of sexual or violent offences), for “or violent” substitute “, violent or
terrorism”—
(a) 15section 35(1)(a);
(b) section 36(2);
(c) section 39(1)(a);
(d) section 42(1)(a);
(e) section 45(2).
20Armed Forces Act 2006 (c. 52)2006 (c. 52)
11 (1) The Armed Forces Act 2006 is amended as follows.
(2)
In section 219A (extended sentence for certain violent or sexual offenders
aged 18 or over)—
(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;
(b)
25in subsection (5)(d), after “specified sexual offence” (in both places)
insert “or a specified terrorism offence”;
(c)
in subsection (6), after ““specified sexual offence”” insert “, “specified
terrorism offence””.
(3)
In section 221A (extended sentence for certain violent or sexual offenders
30aged under 18)—
(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;
(b)
in subsection (3)(d), after “specified sexual offence” (in both places)
insert “or a specified terrorism offence”;
(c)
in subsection (4), after ““specified sexual offence”” insert “, “specified
35terrorism offence””.
Coroners and Justice Act 2009 (c. 25)2009 (c. 25)
12 (1) The Coroners and Justice Act 2009 is amended as follows.
(2) In section 126 (determination of tariffs etc), in subsection (2)—
(a) in paragraph (c), for “or sexual” substitute “, sexual or terrorism”;
(b) 40in paragraph (d), for “or sexual” substitute “, sexual or terrorism”.
(3)
Omit section 138 (which inserted certain terrorism offences to Part 1 of
Schedule 15 to the Criminal Justice Act 2003).
Counter-Terrorism and Border Security BillPage 71
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)2012 (c. 10)
13
(1)
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.
(2) In section 94 (requirements for electronic monitoring)—
(a) 5in subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”;
(b) in subsection (8), after the definition of “sexual offence” insert—
-
“““terrorism offence” means an offence specified in Part
3 of Schedule 15 to the Criminal Justice Act 2003;”.
(3)
In section 95 (requirements for electronic monitoring: extradition cases), in
10subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”.
(4)
In section 98 (first set of conditions for a remand to youth detention
accommodation), in subsection (3)(a) for “or sexual” substitute “, sexual or
terrorism”.
(5)
In section 100 (first set of conditions for a remand to youth detention
15accommodation: extradition cases), in subsection (3)(a) for “or sexual”
substitute “, sexual or terrorism”.
(6)
In section 107 (interpretation of Chapter 3), in subsection (1), after the
definition of “sexual offence” insert—
-
“““terrorism offence” has the meaning given by section 94(8);”.
(7)
20In Schedule 21 (abolition of certain sentences for dangerous offenders and
new extended sentences: consequential and transitory), in paragraph 36—
(a) in sub-paragraph (2) for “or sexual” substitute “, sexual or terrorism”;
(b) in sub-paragraph (3) for “or sexual” substitute “, sexual or terrorism”.
Part 2 25Consequential amendments relating to section 10
Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1))
14
In the Criminal Justice (Northern Ireland) Order 2008, in Schedule 2
(specified offences for the purposes of certain sentencing provisions in
Chapter 3, relating to dangerous offenders), in Part 1, omit the following
30paragraphs (which mention terrorism offences that appear in the new Part
3, to be inserted by section 10)—
(a) paragraph 27A;
(b) paragraph 28A;
(c) paragraph 31A.
35Coroners and Justice Act 2009 (c. 25)2009 (c. 25)
15
In section 139 of the Coroners and Justice Act 2009 (which inserted certain
terrorism offences to Schedules 1 and 2 of the Criminal Justice (Northern
Ireland) Order 2008), omit subsections (5) to (8).
Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))
16
(1)
40Section 55 of the Justice Act (Northern Ireland) 2015 (violent offences
prevention orders) is amended as follows.
Counter-Terrorism and Border Security BillPage 72
(2) In subsection (3), at the end insert “or a relevant terrorism offence”.
(3) After subsection (3) insert—
“(3A)
In subsection (3), “relevant terrorism offence” means an offence
under—
(a) 5section 54 of the Terrorism Act 2000 (weapons training);
(b) section 56 of that Act (directing a terrorist organisation);
(c)
section 57 of that Act (possession of article for terrorist
purposes);
(d) section 59 of that Act (inciting terrorism overseas);
(e)
10section 47 of the Anti-terrorism, Crime and Security Act 2001
(use etc of nuclear weapons);
(f)
section 50 of that Act (assisting or inducing certain weapons-
related acts overseas);
(g)
section 113 of that Act (use of noxious substance or thing to
15cause harm or intimidate);
(h)
section 5 of the Terrorism Act 2006 (preparation of terrorist
acts);
(i) section 6 of that Act (training for terrorism);
(j)
section 9 of that Act (making or possession of radioactive
20device or material);
(k)
section 10 of that Act (misuse of radioactive device or
material for terrorist purposes etc);
(l)
section 11 of that Act (terrorist threats relating to radioactive
devices etc).”
(4)
25In subsection (4), for “that Part” substitute “Part 1 of Schedule 2 to the 2008
Order”.
Part 3 Consequential amendments relating to Part 2
Children and Young Persons Act 1933 (c. 12)1933 (c. 12)
17
30In section 34 of the Children and Young Persons Act 1933 (attendance at
court of parent of child or young person charged with an offence), after
subsection (11) insert—
“(12)
The reference in subsection (2) to a child or young person who is in
police detention includes a reference to a child or young person who
35has been detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018; and in subsection (3)
“arrest” includes such detention.”
Police and Criminal Evidence Act 1984 (c. 60)1984 (c. 60)
18 (1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) 40In section 51 (savings)—
(a) omit “or” at the end of paragraph (b);
Counter-Terrorism and Border Security BillPage 73
(b) after that paragraph insert—
“(ba)
the powers conferred by virtue of Part 1 of Schedule 3
to the Counter-Terrorism and Border Security Act
2018 (powers of detention);”.
(3)
5In section 56 (right to have someone informed when arrested), in subsection
(10) after “terrorism provisions” insert “or detained under Part 1 of Schedule
3 to the Counter-Terrorism and Border Security Act 2018”.
(4)
In section 58 (access to legal advice), in subsection (12) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
10Terrorism and Border Security Act 2018”.
(5)
In section 61 (fingerprinting), in subsection (9)(b) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.
(6)
In section 61A (impressions of footwear), in subsection (8)(a) after “terrorism
15provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.
(7) In section 62 (intimate samples), after subsection (12) insert—
“(13)
Nothing in this section applies to a person detained under Part 1 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018;
20and subsection (1A) does not apply where the non-intimate samples
mentioned in that subsection were taken under Part 2 of that
Schedule.”
(8)
In section 63 (other samples), in subsection (10) at the end insert “or detained
under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act
252018”.
(9) In section 63U (exclusion for certain regimes), after subsection (4) insert—
“(4A)
Sections 63D to 63T do not apply to material to which paragraphs 36
to 44 of Schedule 3 to the Counter-Terrorism and Border Security Act
2018 (destruction, retention and use of material) apply.”
30Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12))
19
(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.
(2) In Article 51 (savings), after paragraph (b) insert—
“(ba)
the powers conferred by virtue of Part 1 of Schedule 3 to the
35Counter-Terrorism and Border Security Act 2018 (powers of
detention);”.
(3)
In Article 57 (right to have someone informed when arrested), in paragraph
(10) after “terrorism provisions” insert “or detained under Part 1 of Schedule
3 to the Counter-Terrorism and Border Security Act 2018”.
(4)
40In Article 59 (access to legal advice), in paragraph (12) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.
Counter-Terrorism and Border Security BillPage 74
(5)
In Article 61 (fingerprinting), in paragraph (9)(b) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.
(6)
In Article 61A (impressions of footwear), in paragraph (8)(a) after “terrorism
5provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.
(7) In Article 62 (intimate samples), after paragraph (12) insert—
“(13)
Nothing in this Article applies to a person detained under Part 1 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018;
10and paragraph (1A) does not apply where the non-intimate samples
mentioned in that paragraph were taken under Part 2 of that
Schedule.”
(8)
In Article 63 (other samples), in paragraph (11) after “terrorism provisions”
insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and
15Border Security Act 2018”.
(9)
In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act
(Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4) insert—
“(4A)
Articles 63B to 63Q do not apply to material to which paragraphs 36
to 44 of Schedule 3 to the Counter-Terrorism and Border Security Act
202018 (destruction, retention and use of material) apply.”
Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813S.I. 1993/1813)
20
(1)
For paragraph 3 of Schedule 4 to the Channel Tunnel (International
Arrangements) Order 1993 substitute—
“3 (1) The Terrorism Act 2000 is modified as follows.
(2) 25Schedule 7 is modified in accordance with paragraphs (3) to (15).
(3) In paragraph 1—
(a) for sub-paragraph (2) substitute—
“(2)
In this Schedule, “port” includes a railway station or other
place where—
(a) 30persons embark or disembark, or
(b) goods are loaded or unloaded,
on or from a through train or shuttle train.”;
(b)
in sub-paragraph (3), for “ship or aircraft” substitute
“through train or shuttle train”, in both places where it
35occurs.
(4) In paragraph 2—
(a) in sub-paragraph (2), omit—
(i) in paragraph (a), “or in the border area”;
(ii) in paragraph (b), “or in the area”;
(iii)
40in paragraph (b), the words from “or Northern
Ireland” to the end;
(b) in sub-paragraph (3)—
(i)
for “ship or aircraft” substitute “through train or
shuttle train”;
Counter-Terrorism and Border Security BillPage 75
(ii)
omit “or Northern Ireland”, in both places where it
occurs;
(c) After sub-paragraph (3) insert—
“(3A)
An examination under sub-paragraph (1) may be
5commenced in a train during the period when it is a control
area.”
(5) Omit paragraphs 3 and 4.
(6) In paragraph 5, in the opening words, omit “or 3”.
(7) In paragraph 6—
(a) 10in the opening words, omit “or 3”;
(b)
in sub-paragraph (1), for “vehicle” substitute “through
train or shuttle train”;
(c)
in sub-paragraph (2), for “ship, aircraft or vehicle”
substitute “through train or shuttle train”.
(8)
15In paragraph 7, for “ship or aircraft” substitute “through train or
shuttle train”, in each place where it occurs.
(9) In paragraph 8—
(a)
for “ship or aircraft” substitute “through train or shuttle
train”, in each place where it occurs;
(b) 20omit sub-paragraph (2).
(10) In paragraph 9—
(a) in sub-paragraph (2)—
(i) in paragraph (a) omit “or Northern Ireland”;
(ii)
in paragraph (a) for “ship or vehicle” substitute
25“through train or shuttle train”;
(iii) omit paragraph (b);
(b) omit sub-paragraphs (2A) and (2B);
(c) in sub-paragraph (2C), omit paragraph (b);
(d) in sub-paragraph (4)—
(i)
30for “ship or aircraft” substitute “through train or
shuttle train”;
(ii) omit paragraph (c).
(11) Omit paragraph 12.
(12) In paragraph 13—
(a) 35in sub-paragraph (1)—
(i)
in the opening words, for “ships or aircraft”
substitute “through trains or shuttle trains”;
(ii)
in sub-paragraph (1)(a), for “United Kingdom”
substitute “Tunnel System”;
(b)
40in sub-paragraph (2), for “ship or aircraft” substitute
“through train or shuttle train”, in each place where it
occurs.
(13) For paragraph 14 substitute—
“14
(1)
The Secretary of State may from time to time give written notice to
45persons operating international services designating all or any
Counter-Terrorism and Border Security BillPage 76
through trains as control areas while they are within any area in
the United Kingdom specified in the notice or while they
constitute a control zone.
(2)
The Secretary of State may from time to time give written notice
5designating a control area—
(a)
to the Concessionaires as respects any part of the tunnel
system in the United Kingdom or of a control zone within
the tunnel system in France or Belgium, or
(b)
to any occupier or person concerned with the management
10of a terminal control point in the United Kingdom.
(3)
A notice under sub-paragraph (1) or (2) above may specify
facilities to be provided and conditions and restrictions to be
observed in a control area, and any persons to whom such a notice
is given is to take all reasonable steps to secure that any such
15facilities, conditions or restrictions are provided or observed.”
(14) Omit paragraphs 15, 16 and 17.
(15) Omit the Table of Designated Ports.
(16)
In Schedule 14 (exercise of officers’ powers), in paragraphs 5 and
6, after “this Act”, in each place where it occurs, insert “or the
20Channel Tunnel (International Arrangements) Order 1993”.”
(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.
Criminal Procedure (Scotland) Act 1995 (c. 46)1995 (c. 46)
21 (1) 25The Criminal Procedure (Scotland) Act 1995 is amended as follows.
(2)
In section 18G (retention of samples etc: national security), in subsection
(1)—
(a)
in paragraph (a) after “2000” insert “or by virtue of paragraph 35 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”;
(b)
30in paragraph (b) after “2000” insert “or by virtue of paragraph 35 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”.
(3)
In section 19C (sections 18 and 19 to 19AA: use of samples etc), in subsection
(1)—
(a)
in paragraph (a) after “2000” insert “or by virtue of paragraph 35 of
35Schedule 3 to the Counter-Terrorism and Border Security Act 2018”;
(b)
in paragraph (b) after “2000” insert “or by virtue of paragraph 35 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”.
Terrorism Act 2000 (c. 11)2000 (c. 11)
22 (1) The Terrorism Act 2000 is amended as follows.
(2)
40In section 41 (arrest without warrant), in subsection (3)(b) after “Schedule 7”
insert “, or under Part 1 of Schedule 3 to the Counter-Terrorism and Border
Security Act 2018,”.
Counter-Terrorism and Border Security BillPage 77
(3) In Schedule 8, in paragraph 20A(6) after paragraph (e) insert—
“(“ea)
any of the fingerprints, data or samples
obtained under or by virtue of paragraph 27
or 35 of Schedule 3 to the Counter-Terrorism
5and Border Security Act 2018, or information
derived from such samples,”.
Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)
23
In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful
interception without an interception warrant), in subsection (3B) at the end
10insert “or under paragraph 9 of Schedule 3 to the Counter-Terrorism and
Border Security Act 2018 (border security)”.
Postal Services Act 2000 (c. 26)2000 (c. 26)
24
In section 104 of the Postal Services Act 2000 (inviolability of mails), in
subsection (3)—
(a) 15omit “or” at the end of paragraph (d);
(b) at the end of paragraph (e) insert “, or
(f)
a power conferred by paragraph 9 of Schedule 3 to the
Counter-Terrorism and Border Security Act 2018
(border security).”
20Counter-Terrorism Act 2008 (c. 28)2008 (c. 28)
25
In section 18 of the Counter-Terrorism Act 2008 (destruction of national
security material not subject to existing statutory restrictions), in subsection
(8) after paragraph (j) insert—
“(k)
paragraphs 36 to 44 of Schedule 3 to the Counter-Terrorism
25and Border Security Act 2018.”
Protection of Freedoms Act 2012 (c. 9)2012 (c. 9)
26
In section 20 of the Protection of Freedoms Act 2012 (function of the
Commissioner for the Retention and Use of Biometric Material to keep
under review national security determinations)—
(a) 30 in subsection (2), in paragraph (a) after sub-paragraph (iv) insert—
“(“iva)
paragraph 39 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018,”;
(b) in subsection (6), after paragraph (d) insert—
“(e)
the retention and use in accordance with paragraphs
3536 to 44 of Schedule 3 to the Counter-Terrorism and
Border Security Act 2018 of—
(i)
any material to which paragraph 36 or 42 of
that Schedule applies (fingerprints, relevant
physical data, DNA profiles and samples),
40and
(ii)
any copies of any material to which paragraph
36 of that Schedule applies (fingerprints,
relevant physical data and DNA profiles).”;
(c) in subsection (8)—
(i) 45omit “and” at the end of paragraph (a);
Counter-Terrorism and Border Security BillPage 78
(ii) at the end of (b) insert “, and
(c)
the reference in subsection (6)(e) to use of
material, or copies of material, in accordance
with paragraphs 36 to 44 of Schedule 3 to the
5Counter-Terrorism and Border Security Act
2018 includes a reference to use of material, or
copies of material, in accordance with section
19C(2)(c) and (d) of the Criminal Procedure
(Scotland) Act 1995.”
10Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9S.I. 2013/9)
27
(1)
In the Criminal Legal Aid (General) Regulations 2013, in regulation 12(2)
(prescribed conditions)—
(a) omit “or” at the end of paragraph (j);
(b) at the end of paragraph (k) insert “, or
(l)
15be detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018.”
(2)
Nothing in sub-paragraph (1) affects any power under the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 to revoke or amend any
provision of the regulations amended by that sub-paragraph.
20Terrorism Prevention and Investigation Measures Act 2011 (c. 23)2011 (c. 23)
28
In Schedule 6 to the Terrorism Prevention and Investigation Measures Act
2011 (fingerprints and samples), in paragraph 5, after sub-paragraph (d)
insert—
“(da)
any fingerprints or samples taken under paragraph 27 of
25Schedule 3 to the Counter-Terrorism and Border Security
Act 2018 or any information derived from such a sample,
(db)
any relevant physical data taken or provided by virtue of
paragraph 35 of that Schedule, any samples taken by virtue
of that paragraph or any information derived from such a
30sample,”.
Investigatory Powers Act 2016 (c. 25)2016 (c. 25)
29
In section 47 of the Investigatory Powers Act 2016 (postal services:
interception for enforcement purposes), in subsection (2) at the end insert
“or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border
35Security Act 2018 (border security)”.
Part 4 Other minor and consequential amendments
Terrorism Act 2000 (c. 11)2000 (c. 11)
30 In section 13 of the Terrorism Act 2000 (uniform), omit subsection (2).
40Counter-Terrorism Act 2008 (c. 28)2008 (c. 28)
31 The Counter-Terrorism Act 2008 is amended as follows.
Counter-Terrorism and Border Security BillPage 79
32
In section 18E (sections 18 to 18E: supplementary provisions), in subsection
(1), in paragraph (f) of the definition of “responsible officer”, for “Serious
Organised Crime Agency”, in both places where it occurs, substitute
“National Crime Agency”.
33 5In section 40 (scheme of Part 4), in subsection (2)—
(a) omit “and” at the end of paragraph (a);
(b) after paragraph (b) insert “, and
(c)
warrants authorising entry and search of premises
notified under this Part or where a person to whom
10the notification requirements apply resides or may be
found.”
34
In section 48 (notification of changes), in subsection (9) after “this section,”,
in the second place it occurs, insert “section 48A (notification of changes:
financial information and information about identification documents),”.
35 (1) 15Section 49 (periodic re-notification) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), after “change” insert “: general”;
(b) after paragraph (b) insert—
“(ba)
section 48A (notification of changes: financial
20information and information about identification
documents),”.
(3)
In subsection (2), for “period referred to in that subsection” substitute
“applicable period.”
36 In section 50 (method of notification and related matters), in subsection (1)—
(a) 25in paragraph (b), after “change” insert “: general”;
(b) after paragraph (b) insert—
“(ba)
section 48A (notification of changes: financial
information and information about identification
documents),”.
37 (1) 30Section 54 (offences relating to notification) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a)—
(i) in the entry for section 48, after “changes” insert “: general”;
(ii) after the entry for section 48 insert—
“(“ )
35section 48A (notification of changes:
financial information and information
about identification documents),”;
(b) in paragraph (b)—
(i) in the entry for section 48, after “changes” insert “: general”;
(ii) 40after the entry for section 48 insert—
“(“ )
section 48A (notification of changes:
financial information and information
about identification documents),”.
(3) In subsection (4)(a)—
(a) 45in the entry for section 48, after “changes” insert “: general”;