Counter-Terrorism and Border Security Bill (HC Bill 249)

(b) after paragraph (f) insert—

“(fa) all contact details on the date on which notification is
made;”;

(c) after paragraph (g) insert—

“(ga) 5identifying information of any motor vehicle of which
the person is the registered keeper, or which the person
has a right to use (whether routinely or on specific
occasions or for specific purposes), on the date on which
notification is made;

(gb) 10the financial information specified in paragraph 1 of
Schedule 3A;

(gc) the information about identification documents
specified in paragraph 2 of Schedule 3A;”.

(3) In section 48 (notification of changes)—

(a) 15in the heading, at the end insert “: general”;

(b) after subsection (4) insert—

“(4A) If there is a change in the contact details of a person to whom the
notification requirements apply, the person must notify the
police of the new contact details.

(4B) 20If a person to whom the notification requirements apply ceases
to use contact details which the person has previously notified
under this Part, the person must notify the police of that fact.

(4C) If a person to whom the notification requirements apply
becomes the registered keeper of, or acquires a right to use, a
25motor vehicle the identifying information of which has not
previously been notified to the police, the person must notify
the police of the identifying information of that motor vehicle.

(4D) If there is a change in the identifying information of a motor
vehicle previously notified under this Part, the person must
30notify the police—

(a) that there has been a change, and

(b) of the new identifying information of the motor vehicle.

(4E) If a person to whom the notification requirements apply ceases
to be the registered keeper of a motor vehicle the identifying
35information of which the person has notified, or ceases to have
the right to use such a motor vehicle, the person must notify the
police that the person is no longer the registered keeper of the
motor vehicle or no longer has the right to use it.”;

(c) for subsection (7) substitute—

“(7) 40Notification under this section must be made—

(a) in a case to which subsection (4C) applies, before the
earlier of the following—

(i) the end of the period of three days beginning
with the day on which the person becomes the
45registered keeper of the motor vehicle or
acquires a right to use it, or

(ii) the first occasion on which the person uses the
motor vehicle by virtue of being its registered
keeper or having a right to use it,

(b) in a case to which subsection (4D) applies, before the
5earlier of the following—

(i) the end of the period of three days beginning
with the day on which the identifying
information changes, or

(ii) the first occasion on which the person uses the
10motor vehicle after the identifying information
has changed,

(c) in any other case, before the end of the period of three
days beginning with the day on which the event in
question occurs (and, where subsection (3) applies, that
15is the day with which the period referred to in
paragraph (a) or (b) (as the case may be) of subsection (3)
ends).”

(4) After section 48 insert—

“48A Notification of changes: financial information and information about
20identification documents

(1) If there is a change in any of the financial information (see paragraph 1
of Schedule 3A), or information about identification documents (see
paragraph 2 of that Schedule), in relation to a person to whom the
notification requirements apply, the person must notify the police of
25the change.

(2) For the purposes of subsection (1) there is a change in the financial
information if—

(a) an account previously notified in accordance with this Part is
closed;

(b) 30a payment card previously notified in accordance with this Part
is no longer held by the person notified as holding it;

(c) an account is opened, or a payment card is obtained, which
would have been required to be notified in accordance with
section 47(2)(gb) if the account or card had been held at the time
35when notification was made under section 47(1);

(d) any other financial information previously notified in
accordance with this Part is altered or becomes inaccurate.

(3) For the purposes of subsection (1) there is a change in the information
about identification documents if—

(a) 40the person ceases to hold a passport or other document
previously notified in accordance with this Part;

(b) the person obtains a passport or other document which would
have been required to be notified in accordance with section
47(2)(gc) if it had been held at the time when notification was
45made under section 47(1).

(4) Where a change required to be notified under subsection (1) relates to
opening a new account or obtaining a new payment card as mentioned
in subsection (2)(c), the person must in notifying the change include all

the information (so far as relevant) specified in paragraph 1(2) of
Schedule 3A in respect of the new account or card.

(5) Where a change required to be notified under subsection (1) relates to
the holding of a new passport or other document as mentioned in
5subsection (3)(b), the person must in notifying the change include all
the information (so far as relevant) specified in paragraph 2 of Schedule
3A in relation to the new passport or other document.

(6) Notification under this section must be made before the end of the
period of three days beginning with the day on which the event in
10question occurs.

(7) In determining the period within which notification is to be made
under this section, any time when the person is—

(a) remanded in or committed to custody by any order of a court,

(b) serving a sentence of imprisonment or detention,

(c) 15detained in a hospital, or

(d) detained under the Immigration Acts,

is to be ignored.

(8) Notification under this section must be accompanied by re-notification
of the other information mentioned in section 47(2).”

(5) 20In section 49 (periodic re-notification)—

(a) in subsection (1), for “the period of one year” substitute “the applicable
period”;

(b) after that subsection insert—

“(1A) In this section the “applicable period” means—

(a) 25in the case of a person who has no sole or main residence
in the United Kingdom, the period of one week, and

(b) in any other case, the period of one year.”

(6) In section 60, at the appropriate places insert the following definitions—

• “““contact details” means—

  (a)

  30telephone numbers (if any), and

  (b)

  email addresses (if any);”;

• ““identifying information”, in relation to a motor vehicle, means—

  (a)

  the registration number of the vehicle,

  (b)

  the make, model and colour of the vehicle, and

  (c)

  35the location where the vehicle is normally kept when not
  in use;”;

• ““motor vehicle” means a mechanically propelled vehicle
  intended or adapted for use on roads;”;

• ““payment card” means a credit card, a charge card, a prepaid
  40card or a debit card;”;

• ““registered keeper”, in relation to a motor vehicle, means the
  person in whose name the vehicle is registered under the
  Vehicle Excise and Registration Act 1994;”.

(7) After Schedule 3 insert, as Schedule 3A, the Schedule set out in Schedule 1 to
45this Act.

12 Power to enter and search home

In the Counter-Terrorism Act 2008, after section 56 insert—

““Entry and search of home address

56A Power to enter and search home address

(1) 5If on an application made by a senior police officer of the relevant force
a justice is satisfied that the requirements in subsection (2) are met, the
justice may issue a warrant authorising a constable of that force—

(a) to enter premises specified in the warrant for the purpose of
assessing the risks posed by the person to whom the warrant
10relates; and

(b) to search the premises for that purpose.

(2) The requirements are—

(a) that the person to whom the warrant relates—

(i) is a person to whom the notification requirements
15apply, and

(ii) is not a person to whom subsection (3) applies,

(b) that the address of each set of premises specified in the
application is an address falling within subsection (4),

(c) that it is necessary for a constable to enter and search the
20premises for the purpose mentioned in subsection (1)(a), and

(d) that on at least two occasions a constable has sought entry to the
premises in order to search them for that purpose and has been
unable to gain entry for that purpose.

(3) This subsection applies to a person who is—

(a) 25remanded in or committed to custody by order of a court,

(b) serving a sentence of imprisonment or a term of service
detention,

(c) detained in a hospital, or

(d) outside the United Kingdom.

(4) 30An address falls within this subsection if—

(a) it is the address which was last notified in accordance with the
notification requirements by the person to whom the warrant
relates, or

(b) there are reasonable grounds to believe that the person to whom
35the warrant relates resides there or may regularly be found
there.

(5) A warrant issued under this section must specify each set of premises
to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable
40force if necessary to enter and search the premises.

(7) The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose
mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries,
the number of entries authorised may be unlimited or limited to a
maximum.

(9) In this section—

• 5“justice” means—

  (a)

  in the application of this section to England and Wales,
  a justice of the peace;

  (b)

  in the application of this section to Northern Ireland, a
  lay magistrate;

  (c)

  10in the application of this section to Scotland, a sheriff or
  summary sheriff;

• “the relevant force” means—

  (a)

  in relation to premises in England or Wales, the police
  force maintained for the police area in which the
  15premises in respect of which the application is made or
  the warrant is issued are situated;

  (b)

  in relation to premises in Northern Ireland, the Police
  Service of Northern Ireland;

  (c)

  in relation to premises in Scotland, the Police Service of
  20Scotland;

• “senior police officer” means a constable of the rank of
  superintendent or above;

• “sentence of imprisonment” includes any form of custodial
  sentence (apart from service detention);

• 25“service detention” has the meaning given by section 374 of the
  Armed Forces Act 2006.”

Serious crime prevention orders

13 Serious crime prevention orders

(1) Schedule 1 to the Serious Crime Act 2007 (serious offences for the purposes of
30serious crime prevention orders) is amended as follows.

(2) In Part 1 (serious offences in England and Wales), after paragraph 2 insert—

““Terrorism

2A An offence for the time being listed in section 41(1) of the Counter-
Terrorism Act 2008 (offences to which Part 4 of that Act applies:
35terrorism offences).”

(3) In Part 1A (serious offences in Scotland), after paragraph 16B insert—

““Terrorism

16BA An offence for the time being listed in section 41(1) of the Counter-
Terrorism Act 2008 (offences to which Part 4 of that Act applies:
40terrorism offences).”

(4) In Part 2 (serious offences in Northern Ireland), after paragraph 18 insert—

““Terrorism

18A An offence for the time being listed in section 41(1) of the Counter-
Terrorism Act 2008 (offences to which Part 4 of that Act applies:
5terrorism offences).”

CHAPTER 3 Counter-terrorism powers

14 Traffic regulation

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) After section 22C insert—

“22CA 10 Section 22C: power to impose charges

(1) This section applies where a traffic authority—

(a) makes, or proposes to make, an order by virtue of section 22C,
or

(b) issues, or proposes to issue, a notice by virtue of that section,

15for the purpose of protecting a relevant event or a relevant site from
danger or damage connected with terrorism.

(2) The authority may impose a charge of such amount as it thinks
reasonable in respect of anything done in connection with or in
consequence of the order or notice (or proposed order or notice).

(3) 20The charge is payable—

(a) in the case of a relevant event, by the person promoting or
organising the event;

(b) in the case of a relevant site, by the occupier of the site.

(4) In this section—

• 25“relevant event” means—

  (a)

  a sporting event, social event or entertainment, or

  (b)

  any other event that is organised for commercial,
  charitable or not for profit purposes;

• “relevant site” means a site on which activities are carried out in
  30connection with the supply of essential goods or services.

(5) The reference in the definition of “relevant site” to essential goods or
services is a reference to goods or services disruption in the supply of
which would cause, or would create a significant risk of, serious
damage to—

(a) 35human welfare in a place in the United Kingdom,

(b) the environment of a place in the United Kingdom,

(c) the economy of the United Kingdom, or

(d) the national security of the United Kingdom.

(6) For the purposes of subsection (5)(a) disruption in the supply of goods,
systems or services causes serious damage to human welfare only if it
causes—

(a) loss of human life,

(b) 5human illness or injury,

(c) disruption of a supply of money, food, water, energy or fuel,

(d) disruption of a system of communication,

(e) disruption of facilities for transport, or

(f) disruption of services relating to health.

(7) 10References in this section to the supply of services include references to
the provision of systems or facilities.”

(3) Section 22D (section 22C: supplemental) is amended in accordance with
subsections (4) to (9).

(4) In subsection (1)—

(a) 15after “made” insert “, and a notice may be issued,”;

(b) after “the order” insert “or notice”.

(5) After subsection (1) insert—

“(1A) Any statutory requirement to publish a proposal for, or a notice of, the
making of an order does not apply to an order made by virtue of section
2022C if the chief officer of police for the area to which the order relates
considers that to do so would risk undermining the purpose for which
the order is made.”

(6) In subsection (2), after “made” insert “, or a notice issued,”.

(7) In subsection (3), after “made” insert “, or a notice under that section issued,”.

(8) 25In subsection (4)—

(a) after “made” insert “, or a notice issued,”;

(b) after “the order,” insert “notice,”.

(9) In subsection (5)—

(a) in the words before paragraph (a), after “made” insert “, or a notice
30issued,”;

(b) in paragraph (a) after “order” insert “or notice”;

(c) after paragraph (c) insert—

“(d) enable a constable to authorise a person of a description
specified in the order or notice to do anything that the
35constable could do by virtue of this subsection.”

(10) In section 67 (emergencies and temporary obstructions), after subsection (1A)
insert—

“(1B) In the application of subsection (1) in connection with terrorism or the
prospect of terrorism—

(a) 40the reference to vehicular traffic is to be read as a reference to
any kind of traffic (including pedestrians), and

(b) the other references to traffic are to be read accordingly.”

(11) After section 94 insert (in Part 7)—

“94A Bollards and other obstructions: terrorism

(1) This section applies where the passage, or the passage in any direction,
of traffic (including pedestrians), or of traffic of any class, is prohibited
5at any point of a road by virtue of the exercise of a power under section
67 for a purpose relating to danger or damage connected with terrorism
or the prospect of terrorism.

(2) An authorised person may place at or near that point whatever bollards
or other obstructions the person considers appropriate for preventing
10the passage of the traffic.

“Authorised person” means a constable or a person authorised or
required to act on behalf of a constable.

(3) The bollards or other obstructions that may be placed under this
section—

(a) 15include obstructions of any description,

(b) may be either fixed or moveable, and

(c) may be placed so as to prevent the passage of traffic at all times
or certain times only.

(4) Where the passage of traffic along a stretch of road is prevented by
20virtue of the power under subsection (2) being exercised in respect of
one or more points on the road, the power under that subsection
includes placing, or authorising the placing of, further obstructions on
that stretch of road.

(5) A power conferred by this section to place an obstruction includes
25power to maintain or light it.

(6) Nothing in this section affects any power that a constable has apart
from this section.”

15 Evidence obtained under port and border control powers

In Schedule 7 to the Terrorism Act 2000 (port and border controls), after
30paragraph 5 insert—

“5A (1) An answer or information given orally by a person in response to a
question asked under paragraph 2 or 3 may not be used in evidence
against the person in criminal proceedings.

(2) Sub-paragraph (1) does not apply—

(a) 35in the case of proceedings for an offence under paragraph 18
of this Schedule,

(b) on a prosecution for perjury, or

(c) on a prosecution for some other offence where, in giving
evidence, the person makes a statement inconsistent with the
40answer or information mentioned in sub-paragraph (1).

(3) An answer or information may not be used by virtue of sub-
paragraph (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the
prosecution.

(4) In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a) in the case of England and Wales, a reference to a prosecution
5for an offence under section 5 of the Perjury Act 1911;

(b) in the case of Northern Ireland, a reference to a prosecution
for an offence under Article 10 of the Perjury (Northern
Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)S.I. 1979/1714 (N.I. 19)).”

16 Detention of terrorist suspects: hospital treatment

(1) 10The Terrorism Act 2000 is amended as follows.

(2) In section 41 (arrest without a warrant), after subsection (8) insert—

“(8A) If a person detained under this section, including by virtue of a warrant
under Part 3 of Schedule 8, is removed to hospital because the person
needs medical treatment—

(a) 15any time during which the person is being questioned in
hospital or on the way there or back for the purpose of obtaining
relevant evidence is to be included in calculating any period
which falls to be calculated for the purposes of this section or
Part 3 of Schedule 8, but

(b) 20any other time when the person is in hospital or on the way
there or back is not to be included.

(8B) In subsection (8A), “relevant evidence” means, in relation to the
detained person, evidence which—

(a) relates to the person’s commission of an offence under any of
25the provisions mentioned in section 40(1)(a), or

(b) indicates that the person is a person falling within section
40(1)(b).”

(3) In Schedule 7 (port and border controls), in paragraph 6A, after sub-paragraph
(3) insert—

“(3A) 30If a person detained under paragraph 6 is removed to hospital
because the person needs medical treatment—

(a) any time during which the person is being questioned under
paragraph 2 or 3 in hospital or on the way there or back is to
be included in calculating the 6 hour period, but

(b) 35any other time when the person is in hospital or on the way
there or back is not to be included.”

17 Retention of biometric data for counter-terrorism purposes etc

Schedule 2 contains amendments in relation to the retention of biometric data
for counter-terrorism and other national security purposes.

CHAPTER 4 Miscellaneous

18 Persons vulnerable to being drawn into terrorism

(1) The Counter-Terrorism and Security Act 2015 is amended as follows.

(2) Section 36 (assessment and support for persons vulnerable to being drawn into
5terrorism: local panels) is amended in accordance with subsections (3) and (4).

(3) In subsection (2), after “police” insert “, or by a local authority,”.

(4) In subsection (3), after “police” insert “or a local authority”.

(5) Section 38 (co-operation) is amended in accordance with subsections (6) and
(7).

(6) 10In subsection (1)(b), after “the police” insert “and local authorities”.

(7) In subsection (8)—

(a) after “police” insert “and local authorities”;

(b) after “officer’s” insert “or local authority’s”.

19 Terrorism reinsurance

(1) 15Section 2 of the Reinsurance (Acts of Terrorism) Act 1993 (reinsurance
arrangements to which the Act applies) is amended as follows.

(2) In subsection (1)—

(a) omit “and” at the end of paragraph (a);

(b) after paragraph (b) insert “and

(c) 20any loss which falls within subsection (1A);”.

(3) After subsection (1) insert—

“(1A) Loss falls within this subsection if—

(a) it results from interruption to business carried on in Great
Britain, and

(b) 25the interruption results from or is consequential upon acts of
terrorism.”

Part 2 Border security

20 Port and border controls

30Schedule 3 confers powers exercisable at ports and borders in connection with
the questioning and detention of persons suspected of involvement in hostile
activity for, on behalf of, or otherwise in the interests of, a State other than the
United Kingdom.