Protection of Freedoms Bill (HL Bill 121)

(3) The relevant judicial authority may give approval under this section to
the granting of an authorisation under section 28 if, and only if, the
relevant judicial authority is satisfied that—

(a) at the time of the grant—

(i) 5there were reasonable grounds for believing that the
requirements of section 28(2) were satisfied in relation to
the authorisation, and

(ii) the relevant conditions were satisfied in relation to the
authorisation, and

(b) 10at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 28(2) are satisfied in relation to the
authorisation.

(4) For the purposes of subsection (3) the relevant conditions are—

(a) 15in relation to a grant by an individual holding an office, rank or
position in a local authority in England or Wales, that—

(i) the individual was a designated person for the purposes
of section 28,

(ii) the grant of the authorisation was not in breach of any
20restrictions imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an
order made by the Secretary of State were satisfied,

(b) in relation to a grant, for any purpose relating to a Northern
Ireland excepted or reserved matter, by an individual holding
25an office, rank or position in a district council in Northern
Ireland, that—

(i) the individual was a designated person for the purposes
of section 28,

(ii) the grant of the authorisation was not in breach of any
30restrictions imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an
order made by the Secretary of State were satisfied, and

(c) in relation to any other grant by a relevant person, that any
conditions that may be provided for by an order made by the
35Secretary of State were satisfied.

(5) The relevant judicial authority may give approval under this section to
the granting of an authorisation under section 29 if, and only if, the
relevant judicial authority is satisfied that—

(a) at the time of the grant—

(i) 40there were reasonable grounds for believing that the
requirements of section 29(2), and any requirements
imposed by virtue of section 29(7)(b), were satisfied in
relation to the authorisation, and

(ii) the relevant conditions were satisfied in relation to the
45authorisation, and

(b) at the time when the relevant judicial authority is considering
the matter, there remain reasonable grounds for believing that
the requirements of section 29(2), and any requirements
imposed by virtue of section 29(7)(b), are satisfied in relation to
50the authorisation.

(6) For the purposes of subsection (5) the relevant conditions are—

(a) in relation to a grant by an individual holding an office, rank or
position in a local authority in England or Wales, that—

(i) the individual was a designated person for the purposes
5of section 29,

(ii) the grant of the authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
restriction imposed by virtue of section 30(3), and

(iii) any other conditions that may be provided for by an
10order made by the Secretary of State were satisfied,

(b) in relation to a grant, for any purpose relating to a Northern
Ireland excepted or reserved matter, by an individual holding
an office, rank or position in a district council in Northern
Ireland, that—

(i) 15the individual was a designated person for the purposes
of section 29,

(ii) the grant of the authorisation was not in breach of any
prohibition imposed by virtue of section 29(7)(a) or any
restriction imposed by virtue of section 30(3), and

(iii) 20any other conditions that may be provided for by an
order made by the Secretary of State were satisfied, and

(c) in relation to any other grant by a relevant person, that any
conditions that may be provided for by an order made by the
Secretary of State were satisfied.

(7) 25In this section—

• “local authority in England” means—

  (a)

  a district or county council in England,

  (b)

  a London borough council,

  (c)

  the Common Council of the City of London in its
  30capacity as a local authority, or

  (d)

  the Council of the Isles of Scilly,

• “local authority in Wales” means any county council or county
  borough council in Wales,

• “Northern Ireland excepted or reserved matter” means an
  35excepted or reserved matter (within the meaning of section 4(1)
  of the Northern Ireland Act 1998),

• “Northern Ireland transferred matter” means a transferred matter
  (within the meaning of section 4(1) of the Act of 1998),

• “relevant judicial authority” means—

  (a)

  40in relation to England and Wales, a justice of the peace,

  (b)

  in relation to Scotland, a sheriff, and

  (c)

  in relation to Northern Ireland, a district judge
  (magistrates’ courts) in Northern Ireland,

• “relevant person” means—

  (a)

  45an individual holding an office, rank or position in a
  local authority in England or Wales,

  (b)

  also, in relation to a grant for any purpose relating to a
  Northern Ireland excepted or reserved matter, an
  individual holding an office, rank or position in a
  50district council in Northern Ireland, and

  Protection of Freedoms BillPage 32

  (c)

  also, in relation to any grant of a description that may be
  prescribed for the purposes of this subsection by an
  order made by the Secretary of State or every grant if so
  prescribed, a person of a description so prescribed.

(8) 5No order of the Secretary of State—

(a) may be made under subsection (7) unless a draft of the order
has been laid before Parliament and approved by a resolution of
each House;

(b) may be made under this section so far as it makes provision
10which would be within the legislative competence of the
Scottish Parliament if it were contained in an Act of the Scottish
Parliament;

(c) may be made under this section so far as it makes provision
which, if it were contained in an Act of the Northern Ireland
15Assembly, would be within the legislative competence of the
Northern Ireland Assembly and would deal with a Northern
Ireland transferred matter.

32B Procedure for judicial approval

(1) The public authority with which the relevant person holds an office,
20rank or position may apply to the relevant judicial authority for an
order under section 32A approving the grant of an authorisation.

(2) The applicant is not required to give notice of the application to—

(a) any person to whom the authorisation relates, or

(b) such a person’s legal representatives.

(3) 25Where, on an application under this section, the relevant judicial
authority refuses to approve the grant of the authorisation concerned,
the relevant judicial authority may make an order quashing the
authorisation.

(4) In this section “relevant judicial authority” and “relevant person” have
30the same meaning as in section 32A.”

(2) In section 43 of that Act (general rules about grant, renewal and duration of
authorisations)—

(a) after subsection (6) insert—

“(6A) The relevant judicial authority (within the meaning given by
35subsection (7) of section 32A) shall not make an order under
that section approving the renewal of an authorisation for the
conduct or the use of a covert human intelligence source unless
the relevant judicial authority—

(a) is satisfied that a review has been carried out of the
40matters mentioned in subsection (7) below, and

(b) has, for the purpose of deciding whether to make the
order, considered the results of that review.”, and

(b) in subsection (7) for “subsection (6)” substitute “subsections (6) and
(6A)”.

Part 3 Protection of property from disproportionate enforcement action

CHAPTER 1 Powers of entry

Repealing, adding safeguards or rewriting powers of entry

39 5Repealing etc. unnecessary or inappropriate powers of entry

(1) The appropriate national authority may by order repeal any power of entry or
associated power which the appropriate national authority considers to be
unnecessary or inappropriate.

(2) Schedule 2 (which contains repeals etc. of certain powers of entry) has effect.

40 10Adding safeguards to powers of entry

(1) The appropriate national authority may by order provide for safeguards in
relation to any power of entry or associated power.

(2) Such safeguards may, in particular, include—

(a) restrictions as to the premises over which the power may be exercised,

(b) 15restrictions as to the times at which the power may be exercised,

(c) restrictions as to the number or description of persons who may
exercise the power,

(d) a requirement for a judicial or other authorisation before the power
may be exercised,

(e) 20a requirement to give notice within a particular period before the
power may be exercised,

(f) other conditions which must be met before the power may be exercised,

(g) modifications of existing conditions which must be met before the
power may be exercised,

(h) 25other restrictions on the circumstances in which the power may be
exercised,

(i) new obligations on the person exercising the power which must be met
before, during or after its exercise,

(j) modifications of existing obligations which must be met by the person
30exercising the power before, during or after its exercise,

(k) restrictions on any power to use force, or any other power, which may
be exercised in connection with the power of entry or associated power.

41 Rewriting powers of entry

(1) The appropriate national authority may by order rewrite, with or without
35modifications—

(a) powers of entry, associated powers or any aspects of any such powers,
or

(b) enactments relating to, or connected with, any such powers or aspects.

(2) The power under subsection (1) to rewrite a power of entry or associated
power includes, in particular, the power to remove an aspect of such a power
without replacing it.

(3) But no order under this section may alter the effect of—

(a) 5a power of entry,

(b) any associated power connected with it, or

(c) any safeguard relating to, but not forming part of, the power of entry or
associated power,

unless, on and after the changes made by the order, the safeguards in relation
10to the power of entry and associated powers connected with it, taken together,
provide a greater level of protection than any safeguards applicable
immediately before the changes.

42 Duty to review certain existing powers of entry

(1) Each Minister of the Crown who is a member of the Cabinet must, within the
15relevant period—

(a) review relevant powers of entry, and relevant associated powers, for
which the Minister is responsible with a view to deciding whether to
make an order under section 39(1), 40 or 41 in relation to any of them,

(b) prepare a report of that review, and

(c) 20lay a copy of the report before Parliament.

(2) A failure by a Minister of the Crown to comply with a duty under subsection
(1) in relation to a power of entry or associated power does not affect the
validity of the power.

(3) In this section—

• 25“relevant associated power” means any associated power in a public
  general Act or a statutory instrument made under such an Act,

• “the relevant period” means the period of two years beginning with the
  day on which this Act is passed,

• “relevant power of entry” means any power of entry in a public general
  30Act or a statutory instrument made under such an Act.

43 Consultation requirements before modifying powers of entry

Before making an order under section 39(1), 40 or 41 in relation to a power of
entry or associated power, the appropriate national authority must consult—

(a) such persons appearing to the appropriate national authority to be
35representative of the views of persons entitled to exercise the power of
entry or associated power as the appropriate national authority
considers appropriate, and

(b) such other persons as the appropriate national authority considers
appropriate.

44 40Procedural and supplementary provisions

(1) An order under section 39(1), 40 or 41—

(a) is to be made by statutory instrument,

(b) may modify any enactment,

(c) may include such incidental, consequential, supplementary, transitory,
transitional or saving provision as the appropriate national authority
considers appropriate (including provision modifying any enactment).

(2) Subject to subsection (4), no instrument containing an order of a Minister of the
5Crown under section 39(1), 40 or 41 is to be made unless a draft of it has been
laid before, and approved by a resolution of, each House of Parliament.

(3) If a draft of an instrument containing an order of a Minister of the Crown under
section 39(1), 40 or 41 would, apart from this subsection, be treated as a hybrid
instrument for the purposes of the standing orders of either House of
10Parliament, it is to proceed in that House as if it were not a hybrid instrument.

(4) An instrument containing an order of a Minister of the Crown under section
39(1), 40 or 41 which neither amends nor repeals any provision of primary
legislation is subject to annulment in pursuance of a resolution of either House
of Parliament.

(5) 15In subsection (4) “primary legislation” means—

(a) a public general Act,

(b) an Act of the Scottish Parliament,

(c) a Measure or Act of the National Assembly for Wales, and

(d) Northern Ireland legislation.

(6) 20Subject to subsection (7), no instrument containing an order of the Welsh
Ministers under section 39(1), 40 or 41 is to be made unless a draft of it has been
laid before, and approved by a resolution of, the National Assembly for Wales.

(7) An instrument containing an order of the Welsh Ministers under section 39(1),
40 or 41 is subject to annulment in pursuance of a resolution of the National
25Assembly for Wales if it neither amends nor repeals any of the following—

(a) any provision of a public general Act,

(b) any provision of a Measure or Act of the National Assembly for Wales.

45 Devolution: Scotland and Northern Ireland

(1) An order under section 39(1), 40 or 41 may not make provision which would
30be within the legislative competence of the Scottish Parliament if it were
contained in an Act of the Scottish Parliament.

(2) An order under section 39(1), 40 or 41 may not make provision which, if it were
contained in an Act of the Northern Ireland Assembly, would be within the
legislative competence of the Northern Ireland Assembly and would deal with
35a transferred matter without being ancillary to other provision (whether in that
Act or previously enacted) which deals with an excepted or reserved matter.

(3) In subsection (2) “excepted matter”, “reserved matter” and “transferred
matter” have the meaning given by section 4(1) of the Northern Ireland Act
1998.

46 40Sections 39 to 46: interpretation

In sections 39 to 45 and this section—

• “appropriate national authority” means—

  Protection of Freedoms BillPage 36

  (a)

  in relation to the making of any provision which would be
  within the legislative competence of the National Assembly for
  Wales, the Welsh Ministers,

  (b)

  in any other case, a Minister of the Crown,

• 5“associated power” means any power which—

  (a)

  is contained in an enactment,

  (b)

  is connected with a power of entry, and

  (c)

  is a power—

  (i)

  to do anything on, or in relation to, the land or other
  10premises entered in pursuance of the power of entry,

  (ii)

  to do anything in relation to any person, or anything,
  found on the land or other premises entered in
  pursuance of the power of entry, or

  (iii)

  otherwise to do anything in connection with the power
  15of entry,

  and includes any safeguard which forms part of the associated power;

• “enactment” includes—

  (a)

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

  (b)

  20an enactment comprised in, or in an instrument made under—

  (i)

  an Act of the Scottish Parliament,

  (ii)

  Northern Ireland legislation, or

  (iii)

  a Measure or Act of the National Assembly for Wales,

• “Minister of the Crown” has the same meaning as in the Ministers of the
  25Crown Act 1975,

• “modify” includes amend or repeal (and “modifications” is to be read
  accordingly),

• “off-shore installation” has the same meaning as in the Mineral Workings
  (Offshore Installations) Act 1971 (see section 12 of that Act),

• 30“power of entry” means a power (however expressed) in any enactment
  to enter land or other premises; and includes any safeguard which
  forms part of the power,

• “premises” includes any place and, in particular, includes—

  (a)

  any vehicle, vessel, aircraft or hovercraft,

  (b)

  35any off-shore installation,

  (c)

  any renewable energy installation,

  (d)

  any tent or movable structure,

• “renewable energy installation” has the same meaning as in Chapter 2 of
  Part 2 of the Energy Act 2004 (see section 104 of that Act),

• 40“repeal” includes revoke.

Codes of practice in relation to powers of entry

47 Code of practice in relation to non-devolved powers of entry

(1) The Secretary of State must prepare a code of practice containing guidance
about the exercise of powers of entry and associated powers.

(2) 45Such a code may, in particular, include provision about—

(a) considerations before exercising, or when exercising, the powers,

(b) considerations after exercising the powers (such as the retention of
records, or the publication of information, about the exercise of the
powers).

(3) Such a code—

(a) 5must not contain provision about devolved powers of entry and
devolved associated powers,

(b) need not contain provision about every other type of power of entry or
associated power,

(c) may make different provision for different purposes.

(4) 10In the course of preparing such a code in relation to any powers, the Secretary
of State must consult—

(a) the Lord Advocate,

(b) such persons appearing to the Secretary of State to be representative of
the views of persons entitled to exercise the powers concerned as the
15Secretary of State considers appropriate, and

(c) such other persons as the Secretary of State considers appropriate.

(5) In this section “devolved powers of entry and devolved associated powers”
means powers of entry and associated powers—

(a) in relation to which the Welsh Ministers may issue a code under
20Schedule 3,

(b) which, if it were contained in an Act of the Scottish Parliament, would
be within the legislative competence of that Parliament, or

(c) which, if it were contained in an Act of the Northern Ireland Assembly,
would be within the legislative competence of that Assembly and
25would deal with a transferred matter (within the meaning given by
section 4(1) of the Northern Ireland Act 1998) without being ancillary to
other provision (whether in the Act of the Northern Ireland Assembly
or previously enacted) which deals with an excepted or reserved matter
(within the meaning given by section 4(1) of the Northern Ireland Act
301998).

48 Issuing of code

(1) The Secretary of State must lay before Parliament—

(a) a code of practice prepared under section 47, and

(b) a draft of an order providing for the code to come into force.

(2) 35The Secretary of State must make the order and issue the code if the draft of the
order is approved by a resolution of each House of Parliament.

(3) The Secretary of State must not make the order or issue the code unless the
draft of the order is so approved.

(4) The Secretary of State must prepare another code of practice under section 47
40if—

(a) the draft of the order is not so approved, and

(b) the Secretary of State considers that there is no realistic prospect that it
will be so approved.

(5) A code comes into force in accordance with an order under this section.

(6) 45Such an order—

(a) is to be a statutory instrument, and

(b) may contain transitional, transitory or saving provision.

(7) If a draft of an instrument containing an order under this section would, apart
from this subsection, be treated as a hybrid instrument for the purposes of the
5standing orders of either House of Parliament, it is to proceed in that House as
if it were not a hybrid instrument.

49 Alteration or replacement of code

(1) The Secretary of State—

(a) must keep the powers of entry code under review, and

(b) 10may prepare an alteration to the code or a replacement code.

(2) Before preparing an alteration or a replacement code in relation to any powers,
the Secretary of State must consult—

(a) the Lord Advocate,

(b) such persons appearing to the Secretary of State to be representative of
15the views of persons entitled to exercise the powers concerned as the
Secretary of State considers appropriate, and

(c) such other persons as the Secretary of State considers appropriate.

(3) The Secretary of State must lay before Parliament an alteration or a
replacement code prepared under this section.

(4) 20If, within the 40-day period, either House of Parliament resolves not to
approve the alteration or the replacement code, the Secretary of State must not
issue the alteration or code.

(5) If no such resolution is made within that period, the Secretary of State must
issue the alteration or replacement code.

(6) 25The alteration or replacement code—

(a) comes into force when issued, and

(b) may include transitional, transitory or saving provision.

(7) Subsection (4) does not prevent the Secretary of State from laying a new
alteration or replacement code before Parliament.

(8) 30In this section “the 40-day period” means the period of 40 days beginning with
the day on which the replacement code is laid before Parliament (or, if it is not
laid before each House of Parliament on the same day, the later of the two days
on which it is laid).

(9) In calculating the 40-day period, no account is to be taken of any period during
35which Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than four days.

(10) In this section “the powers of entry code” means the code of practice issued
under section 48(2) (as altered or replaced from time to time).

50 Publication of code

(1) 40The Secretary of State must publish the code issued under section 48(2).

(2) The Secretary of State must publish any replacement code issued under section
49(5).

(3) The Secretary of State must publish—

(a) any alteration issued under section 49(5), or

(b) the code or replacement code as altered by it.

51 Effect of code

(1) 5A relevant person must have regard to the powers of entry code when
exercising any functions to which the code relates.

(2) A failure on the part of any person to act in accordance with any provision of
the powers of entry code does not of itself make that person liable to criminal
or civil proceedings.

(3) 10The powers of entry code is admissible in evidence in any such proceedings.

(4) A court or tribunal may, in particular, take into account a failure by a relevant
person to have regard to the powers of entry code in determining a question in
any such proceedings.

(5) In this section “relevant person” means any person specified or described by
15the Secretary of State in an order made by statutory instrument.

(6) An order under subsection (5) may, in particular—

(a) restrict the specification or description of a person to that of the person
when acting in a specified capacity or exercising specified or described
functions,

(b) 20contain transitional, transitory or saving provision.

(7) So far as an order under subsection (5) contains a restriction of the kind
mentioned in subsection (6)(a) in relation to a person, the duty in subsection (1)
applies only to the person in that capacity or (as the case may be) only in
relation to those functions.

(8) 25Before making an order under subsection (5) in relation to any person or
description of persons, the Secretary of State must consult such persons
appearing to the Secretary of State to be representative of the views of the
person or persons in relation to whom the order may be made as the Secretary
of State considers appropriate.

(9) 30No instrument containing the first order under subsection (5) is to be made
unless a draft of it has been laid before, and approved by a resolution of, each
House of Parliament.

(10) Subject to this, an instrument containing an order under subsection (5) is
subject to annulment in pursuance of a resolution of either House of
35Parliament.

(11) If a draft of an instrument containing the first order under subsection (5)
would, apart from this subsection, be treated as a hybrid instrument for the
purposes of the standing orders of either House of Parliament, it is to proceed
in that House as if it were not a hybrid instrument.

52 40Sections 47 to 51: interpretation

In sections 47 to 51—

• “power of entry” and “associated power” have the meaning given by
  section 46,

Protection of Freedoms BillPage 40

• “the powers of entry code” has the meaning given by section 49(10).

53 Corresponding code in relation to Welsh devolved powers of entry

Schedule 3 (which confers a power on the Welsh Ministers to issue a code of
practice about Welsh devolved powers of entry and associated powers) has
5effect.

CHAPTER 2 Vehicles left on land

Offence of immobilising etc. vehicles

54 Offence of immobilising etc. vehicles

(1) A person commits an offence who, without lawful authority—

(a) 10immobilises a motor vehicle by the attachment to the vehicle, or a part
of it, of an immobilising device, or

(b) moves, or restricts the movement of, such a vehicle by any means,

intending to prevent or inhibit the removal of the vehicle by a person otherwise
entitled to remove it.

(2) 15The express or implied consent (whether or not legally binding) of a person
otherwise entitled to remove the vehicle to the immobilisation, movement or
restriction concerned is not lawful authority for the purposes of subsection (1).

(3) But, where the restriction of the movement of the vehicle is by means of a fixed
barrier and the barrier was present (whether or not lowered into place or
20otherwise restricting movement) when the vehicle was parked, any express or
implied consent (whether or not legally binding) of the driver of the vehicle to
the restriction is, for the purposes of subsection (1), lawful authority for the
restriction.

(4) A person who is entitled to remove a vehicle cannot commit an offence under
25this section in relation to that vehicle.

(5) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to a fine,

(b) on summary conviction, to a fine not exceeding the statutory
maximum.

(6) 30In this section “motor vehicle” means a mechanically propelled vehicle or a
vehicle designed or adapted for towing by a mechanically propelled vehicle.

Alternative remedies in relation to vehicles left on land

55 Extension of powers to remove vehicles from land

(1) Section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles
35illegally, obstructively or dangerously parked, or abandoned or broken down)
is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “road” insert “or other land”,

(b) in paragraph (b)—

(i) after “road”, where it appears for the first time, insert “or other
land”, and

(ii) 5after “road”, where it appears for the second time, insert “or
land concerned”,

(c) in paragraph (c) for “, or on any land in the open air,” substitute “or
other land”, and

(d) at the end insert “or other land”.

(3) 10In subsection (2)—

(a) in paragraph (a), after “road”, where it appears for the third time, insert
“or on land other than a road”, and

(b) after paragraph (a), insert—

“(aa) may provide, in the case of a vehicle which may be
15removed from land other than a road, for the moving of
the vehicle from one position on such land to another
position on such land or on any road;”.

56 Recovery of unpaid parking charges

Schedule 4 (which makes provision for the recovery of unpaid parking charges
20from the keeper or hirer of a vehicle in certain circumstances) has effect.

Part 4 Counter-terrorism powers

Pre-charge detention of terrorist suspects

57 Maximum detention period of 14 days

(1) 25In paragraph 36(3)(b)(ii) of Schedule 8 to the Terrorism Act 2000 (maximum
period of pre-charge detention for terrorist suspects) for “28 days” substitute
“14 days”.

(2) Omit section 25 of the Terrorism Act 2006 (which provides for the 28 day limit
in paragraph 36(3)(b)(ii) of Schedule 8 to the Act of 2000 to be 14 days subject
30to a power to raise it to 28 days).

58 Emergency power for temporary extension and review of extensions

(1) After Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of
terrorist suspects) insert—

“ Part 4 35Emergency power when parliament dissolved etc. for temporary
extension of maximum period for detention under section 41

(1) The Secretary of State may make a temporary extension order if—

(a) either—

(i) Parliament is dissolved, or

(ii) Parliament has met after a dissolution but the first
Queen’s Speech of the Parliament has not yet taken
place, and

(b) the Secretary of State considers that it is necessary by reason
5of urgency to make such an order.

(2) A temporary extension order is an order which provides, in relation
to the period of three months beginning with the coming into force
of the order, for paragraphs 36 and 37 to be read as if—

(a) in paragraph 36(3)(b)(ii) for “14 days” there were substituted
10“28 days”, and

(b) the other modifications in sub-paragraphs (3) and (4) were
made.

(3) The other modifications of paragraph 36 are—

(a) the insertion at the beginning of sub-paragraph (1) of “Subject
15to sub-paragraphs (1ZA) to (1ZI),”,

(b) the insertion, after sub-paragraph (1), of—

“(1ZA) Sub-paragraph (1ZB) applies in relation to any proposed
application under sub-paragraph (1) for the further
extension of the period specified in a warrant of further
20detention where the grant (otherwise than in accordance
with sub-paragraph (3AA)(b)) of the application would
extend the specified period to a time that is more than 14
days after the relevant time.

(1ZB) No person may make such an application—

(a) 25in England and Wales, without the consent of the
Director of Public Prosecutions,

(b) in Scotland, without the consent of the Lord
Advocate, and

(c) in Northern Ireland, without the consent of the
30Director of Public Prosecutions for Northern
Ireland,

unless the person making the application is the person
whose consent is required.

(1ZC) The Director of Public Prosecutions must exercise
35personally any function under sub-paragraph (1ZB) of
giving consent.

(1ZD) The only exception is if—

(a) the Director is unavailable, and

(b) there is another person who is designated in
40writing by the Director acting personally as the
person who is authorised to exercise any such
function when the Director is unavailable.

(1ZE) In that case—

(a) the other person may exercise the function but
45must do so personally, and

(b) the Director acting personally—

(i) must review the exercise of the function as
soon as practicable, and

(ii) may revoke any consent given.

(1ZF) Where the consent is so revoked after an application has
been made or extension granted, the application is to be
dismissed or (as the case may be) the extension is to be
5revoked.

(1ZG) Sub-paragraphs (1ZC) to (1ZF) apply instead of any other
provisions which would otherwise have enabled any
function of the Director of Public Prosecutions under sub-
paragraph (1ZB) of giving consent to be exercised by a
10person other than the Director.

(1ZH) The Director of Public Prosecutions for Northern Ireland
must exercise personally any function under sub-
paragraph (1ZB) of giving consent unless the function is
exercised personally by the Deputy Director of Public
15Prosecutions for Northern Ireland by virtue of section
30(4) or (7) of the Justice (Northern Ireland) Act 2002
(powers of Deputy Director to exercise functions of
Director).

(1ZI) Sub-paragraph (1ZH) applies instead of section 36 of the
20Act of 2002 (delegation of the functions of the Director of
Public Prosecutions for Northern Ireland to persons other
than the Deputy Director) in relation to the functions of the
Director of Public Prosecutions for Northern Ireland and
the Deputy Director of Public Prosecutions for Northern
25Ireland under, or (as the case may be) by virtue of, sub-
paragraph (1ZB) above of giving consent.”,

(c) the substitution, for “a judicial authority” in sub-paragraph
(1A), of “—

“(a) in the case of an application falling within sub-
30paragraph (1B), a judicial authority; and

(b) in any other case, a senior judge”,

(d) the insertion, after sub-paragraph (1A), of—

“(1B) An application for the extension or further extension of a
period falls within this sub-paragraph if—

(a) 35the grant of the application otherwise than in
accordance with sub-paragraph (3AA)(b) would
extend that period to a time that is no more than 14
days after the relevant time; and

(b) no application has previously been made to a
40senior judge in respect of that period.”,

(e) the insertion, after “judicial authority” in both places in sub-
paragraph (3AA) where it appears, of “or senior judge”,

(f) the insertion, after “detention” in sub-paragraph (4), of “but,
in relation to an application made by virtue of sub-paragraph
45(1A)(b) to a senior judge, as if—

“(a) references to a judicial authority were references to
a senior judge; and

(b) references to the judicial authority in question were
references to the senior judge in question”,

(g) the insertion, after “judicial authority” in sub-paragraph (5),
of “or senior judge”, and

(h) the insertion, after sub-paragraph (6), of—

“(7) In this paragraph and paragraph 37 “senior judge” means
5a judge of the High Court or of the High Court of
Justiciary.”

(4) The modification of paragraph 37 is the insertion, in sub-paragraph
(2), after “judicial authority”, of “or senior judge”.

(5) A temporary extension order applies, except so far as it provides
10otherwise, to any person who is being detained under section 41
when the order comes into force (as well as any person who is
subsequently detained under that section).

(6) The Secretary of State may by order revoke a temporary extension
order if the Secretary of State considers it appropriate to do so
15(whether or not the conditions mentioned in paragraphs (a) and (b)
of sub-paragraph (1) are met).

(7) Sub-paragraph (8) applies if—

(a) any of the following events occurs—

(i) the revocation without replacement of a temporary
20extension order,

(ii) the expiry of the period of three months mentioned in
sub-paragraph (2) in relation to such an order,

(iii) the ceasing to have effect of such an order by virtue of
section 123(6B) and (6C), and

(b) 25at that time—

(i) a person is being detained by virtue of a further
extension under paragraph 36,

(ii) the person’s further detention was authorised by
virtue of the temporary extension order concerned
30(before its revocation, expiry or ceasing to have effect)
for a period ending more than 14 days after the
relevant time (within the meaning given by
paragraph 36(3B)),

(iii) that 14 days has expired, and

(iv) 35the person’s detention is not otherwise authorised by
law.

(8) The person with custody of that individual must release the
individual immediately.

(9) Subject to sub-paragraphs (7) and (8), the fact that—

(a) 40a temporary extension order is revoked,

(b) the period of three months mentioned in sub-paragraph (2)
has expired in relation to such an order, or

(c) such an order ceases to have effect by virtue of section
123(6B) and (6C),

45is without prejudice to anything previously done by virtue of the
order or to the making of a new order.”

(2) After section 123(6) of that Act (orders and regulations under the Act) insert—

“(6A) As soon as practicable after making an order under paragraph 38 of
Schedule 8, the Secretary of State must lay a copy of the order before
each House of Parliament.

(6B) 5An order under paragraph 38 of Schedule 8 is to cease to have effect at
the end of the period of 20 days beginning with the day on which the
Secretary of State makes the order, unless a resolution approving the
order is passed by each House of Parliament during that period.

(6C) For the purposes of subsection (6B) the period of 20 days is to be
10computed in accordance with section 7(1) of the Statutory Instruments
Act 1946.

(6D) Subsections (6B) and (6C) do not apply to an order under paragraph 38
of Schedule 8 which revokes an order under that paragraph.”

(3) After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation)
15insert—

“(4A) The person appointed under subsection (1) must ensure that a review
is carried out (whether by that person or another person) into any case
where the period specified in a warrant of further detention issued
under Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of
20detention of terrorist suspects) is further extended by virtue of
paragraph 36 of that Schedule to a time that is more than 14 days after
the relevant time (within the meaning of that paragraph).

(4B) The person appointed under subsection (1) must ensure that a report on
the outcome of the review is sent to the Secretary of State as soon as
25reasonably practicable after the completion of the review.”

Stop and search powers: general

59 Repeal of existing stop and search powers

Omit sections 44 to 47 of the Terrorism Act 2000 (power to stop and search).

60 Replacement powers to stop and search persons and vehicles

(1) 30Omit section 43(3) of the Terrorism Act 2000 (requirement for searches of
persons to be carried out by someone of the same sex).

(2) After section 43(4) of that Act insert—

“(4A) Subsection (4B) applies if a constable, in exercising the power under
subsection (1) to stop a person whom the constable reasonably suspects
35to be a terrorist, stops a vehicle (see section 116(2)).

(4B) The constable—

(a) may search the vehicle and anything in or on it to discover
whether there is anything which may constitute evidence that
the person concerned is a terrorist, and

(b) 40may seize and retain anything which the constable—

(i) discovers in the course of such a search, and

(ii) reasonably suspects may constitute evidence that the
person is a terrorist.

(4C) Nothing in subsection (4B) confers a power to search any person but the
power to search in that subsection is in addition to the power in
5subsection (1) to search a person whom the constable reasonably
suspects to be a terrorist.”

(3) After section 43 of that Act insert—

“43A Search of vehicles

(1) Subsection (2) applies if a constable reasonably suspects that a vehicle
10is being used for the purposes of terrorism.

(2) The constable may stop and search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) 15anything in or on the vehicle or carried by the driver or a
passenger;

to discover whether there is anything which may constitute evidence
that the vehicle is being used for the purposes of terrorism.

(3) A constable may seize and retain anything which the constable—

(a) 20discovers in the course of a search under this section, and

(b) reasonably suspects may constitute evidence that the vehicle is
being used for the purposes of terrorism.

(4) A person who has the powers of a constable in one Part of the United
Kingdom may exercise a power under this section in any Part of the
25United Kingdom.

(5) In this section “driver”, in relation to an aircraft, hovercraft or vessel,
means the captain, pilot or other person with control of the aircraft,
hovercraft or vessel or any member of its crew and, in relation to a train,
includes any member of its crew.”

61 30Replacement powers to stop and search in specified locations

(1) Before section 48 of the Terrorism Act 2000 (and the italic cross-heading before
it) insert—

“Powers to stop and search in specified locations

47A Searches in specified areas or places