Terrorism Prevention and Investigation Measures Bill (HL Bill 91)

(a) the reference to using material includes a reference to allowing any
check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the
5law of a part of the United Kingdom or of a country or
territory outside the United Kingdom), or

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

(c) 10the references to an investigation and to a prosecution include
references, respectively, to any investigation outside the United
Kingdom of any crime or suspected crime and to a prosecution
brought in respect of any crime in a country or territory outside the
United Kingdom.

15Interpretation

14 In this Schedule—

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body
  and consists of or includes human cells;

• 20“fingerprints” has the meaning given by section 65(1) of the Police and
  Criminal Evidence Act 1984;

• “non-intimate sample” has the meaning given by section 65(1) of the
  Police and Criminal Evidence Act 1984;

• “paragraph 6 material” has the meaning given by paragraph 6(2);

• 25“police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police Act
  1996 (police forces in England and Wales outside London);

  (c)

  the City of London police force;

  (d)

  30any police force maintained under or by virtue of section 1 of
  the Police (Scotland) Act 1967;

  (e)

  the Scottish Police Services Authority;

  (f)

  the Police Service of Northern Ireland;

  (g)

  the Police Service of Northern Ireland Reserve;

  (h)

  35the Ministry of Defence Police;

  (i)

  the Royal Navy Police;

  (j)

  the Royal Military Police;

  (k)

  the Royal Air Force Police;

  (l)

  the British Transport Police;

• 40“recordable offence” has—

  (a)

  in relation to a conviction in England and Wales, the meaning
  given by section 118(1) of the Police and Criminal Evidence
  Act 1984, and

  (b)

  in relation to a conviction in Northern Ireland, the meaning
  45given by Article 2(2) of the Police and Criminal Evidence
  (Northern Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N. I. 12));

• “relevant physical data” has the meaning given by section 18(7A) of the
  Criminal Procedure (Scotland) Act 1995;

Terrorism Prevention and Investigation Measures BillPage 51

• “relevant search” means a search carried out for the purpose of
  checking any fingerprints, samples, data or information against any
  of the fingerprints, samples, data or information mentioned in
  paragraph 5(a) to (h);

• 5“responsible chief officer of police” means, in relation to fingerprints or
  samples taken in England or Wales, or a DNA profile derived from a
  sample so taken, the chief officer of police for the police area—

  (a)

  in which the material concerned was taken, or

  (b)

  in the case of a DNA profile, in which the sample from which
  10the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to relevant
  physical data or samples taken or provided in Scotland, or a DNA
  profile derived from a sample so taken, the chief constable of the
  police force for the area—

  (a)

  15in which the material concerned was taken or provided, or

  (b)

  in the case of a DNA profile, in which the sample from which
  the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to fingerprints or
  samples taken in Northern Ireland, or a DNA profile derived from a
  20sample so taken, the Chief Constable of the Police Service of
  Northern Ireland;

• “sufficient” and “insufficient”, in relation to a sample, have the same
  meaning as in Part 5 of the Police and Criminal Evidence Act 1984
  (see section 65(1) and (2) of that Act).

Section 29

25SCHEDULE 7 Minor and consequential amendments

Part 1 General

Senior Courts Act 1981

1 30In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business
allocated to the Queen’s Bench Division)—

(a) omit sub-paragraph (ba), and

(b) after sub-paragraph (bc) insert—

“(bd) all TPIM proceedings (within the meaning of the
35Terrorism Prevention and Investigation Measures
Act 2011);”.

Police and Criminal Evidence Act 1984

2 In Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprints
and samples: power to require attendance at police station), omit
40paragraphs 4 and 12.

Criminal Justice Act 1988

3 In section 133(5) of the Criminal Justice Act 1988 (compensation for
miscarriages of justice)—

(a) omit paragraph (d), and

(b) 5at the end of paragraph (e) insert “; or

(f) on an appeal under Schedule 3 to the Terrorism
Prevention and Investigation Measures Act 2011.”.

Regulation of Investigatory Powers Act 2000

4 (1) Section 18 of the Regulation of Investigatory Powers Act 2000 (exceptions to
10exclusion of intercepted communications etc from legal proceedings) is
amended as follows.

(2) In subsection (1)—

(a) omit paragraph (da), and

(b) after paragraph (dc) insert—

“(dd) 15any TPIM proceedings (within the meaning of the
Terrorism Prevention and Investigation Measures
Act 2011) or any proceedings arising out of such
proceedings;”.

(3) In subsection (2)—

(a) 20for “(da)” (before “to (f)”) substitute “(db)”,

(b) omit paragraph (za), and

(c) after paragraph (zb) insert—

“(zc) in the case of proceedings falling within paragraph
(dd), to—

(i) 25a person, other than the Secretary of State,
who is or was a party to the proceedings, or

(ii) any person who for the purposes of the
proceedings (but otherwise than by virtue of
appointment as a special advocate under
30Schedule 4 to the Terrorism Prevention and
Investigation Measures Act 2011) represents a
person falling within sub-paragraph (i);”.

Counter-Terrorism Act 2008

5 (1) The Counter-Terrorism Act 2008 is amended as follows.

(2) 35In section 1 (power to remove documents for examination), in subsection
(1)—

(a) omit paragraph (e);

(b) after paragraph (f) insert—

“(g) paragraphs 6, 7, 8 or 10 of Schedule 5 to the Terrorism
40Prevention and Investigation Measures Act 2011.”.

(3) Omit sections 10 to 13 (power to take fingerprints and samples from person
subject to control order).

(4) Omit sections 78 to 81 (provision in relation to control orders).

Crime and Security Act 2010

6 (1) The Crime and Security Act 2010 is amended as follows.

(2) In section 6(2) (power to require attendance at police station), in Schedule 2A
inserted into the Police and Criminal Evidence Act 1984, omit paragraphs 4
5and 12.

(3) In section 12(2) (power to require attendance at police station), in Schedule
2A inserted into the Police and Criminal Evidence (Northern Ireland) Order
1984, omit paragraphs 4 and 12.

(4) Omit section 20 (material subject to the Counter-Terrorism Act 2008
10(Scotland)).

(5) Omit—

(a) section 56 (persons subject to control orders: powers of search and
seizure), and

(b) section 58(16) (extent of section 56).

15Part 2 Northern Ireland

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12))

7 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.

(2) 20In Article 26(2) (offences for which an arrest may be made without a warrant
in Northern Ireland), in paragraph (o), for “section 9(3) of the Prevention of
Terrorism Act 2005” substitute “section 23(1) of the Terrorism Prevention
and Investigation Measures Act 2011”.

(3) In Schedule 2A (fingerprints and samples: power to require attendance at
25police station), omit paragraphs 4 and 12.

Section 29

SCHEDULE 8 Transitional and saving provision

Saving of control orders during transitional period

1 A control order which is in force immediately before commencement is to
30remain in force until the end of the transitional period (unless revoked or
quashed before the end of that period).

Savings during and after transitional period

2 (1) An enactment which is amended or repealed by this Act is to continue to
apply after commencement in relation to—

(a) 35control orders made before commencement, and

(b) the operation before commencement of the PTA 2005,

as if the enactment had not been so amended or repealed.

(2) Sub-paragraph (1) is subject to paragraph 3(2) and (3).

Savings etc for court proceedings

3 (1) The repeal of the PTA 2005 by this Act does not, after commencement,
prevent or otherwise affect—

(a) 5the court’s consideration of a reference made under section 3(3)(a) of
the PTA 2005 before commencement;

(b) the holding or continuation of any hearing in pursuance of directions
under section 3(2)(c) or (6)(b) or (c) of the PTA 2005;

(c) the bringing or continuation of any appeal under section 10(1) or (3)
10of the PTA 2005;

(d) the bringing or continuation of any appeal, or further appeal,
relating to a decision in any proceedings mentioned in any of sub-
paragraphs (a) to (c) of this sub-paragraph; or

(e) the bringing or continuation of any proceedings for an award of
15damages or other relief arising out of any such proceedings.

(2) But, after commencement, proceedings mentioned in any of sub-paragraphs
(a) to (d) of sub-paragraph (1) (whether the proceedings began before or
after commencement) may not have a purpose other than determining
whether one or more of the following should be quashed—

(a) 20a certificate of the kind mentioned in section 3(8) of the PTA 2005;

(b) a control order;

(c) the renewal of a control order; or

(d) an obligation imposed by a control order.

(3) Except as permitted by sub-paragraphs (1) and (2), no control order
25proceedings (within the meaning of section 11(6) of the PTA 2005) may be
entertained after commencement.

New powers not affected by previous control order

4 The Secretary of State’s powers under this Act in relation to an individual
are not affected by a control order having been made in relation to that
30individual.

Last report on exercise of powers under PTA 2005

5 (1) Section 14(1) of the PTA 2005 applies to the period that—

(a) begins immediately after the end of the last relevant 3 month period
to end before commencement, and

(b) 35ends immediately before commencement,

as if that period were a relevant 3 month period.

(2) In this paragraph “relevant 3 month period” has the same meaning as in
section 14 of the PTA 2005.

Last review of operation of PTA 2005

6 (1) 40Section 14(3) of the PTA 2005 does not apply to the last PTA review year.

(2) But section 14(3) applies to the period that—

(a) begins with the start of the last PTA review year, and

(b) ends immediately before commencement,

as if that period were a PTA review year.

(3) In this paragraph—

• “last PTA review year” means the last PTA review year to end before
  5commencement;

• “PTA review year” means a period determined in accordance with
  section 14(3)(b) of the PTA 2005.

Savings of PTA 2005 not affected by expected expiry

7 The fact that sections 1 to 9 of the PTA 2005 would have expired (but for their
10repeal by this Act) by virtue of section 13 of the PTA 2005 at a time after
commencement does not prevent those sections from continuing to apply in
accordance with, or for the purposes of, any other provision of this Schedule
after the time when those sections would have so expired.

First review of operation of Act

8 (1) 15The review carried out under section 20(2) in respect of the first review year
must also include a review in respect of so much of the preceding calendar
year as falls on or after commencement (but for the purposes of section 20(3)
that part of the review is to be treated as relating the first review year).

(2) In this paragraph “first review year” means the first complete calendar year
20beginning after the passing of this Act.

Interpretation

9 In this Schedule—

• “commencement” means the coming into force of this Act;

• “control order” has the same meaning as in the PTA 2005;

• 25“PTA 2005” means the Prevention of Terrorism Act 2005;

• “transitional period” means the period of 28 days that begins with the
  day of commencement.