Protection of Freedoms Bill (HL Bill 128)

(6) The 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
5alteration or replacement code before Parliament.

(8) In this section “the 40-day period” means the period of 40 days beginning with
the day on which the alteration or 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) 10In calculating the 40-day period, no account is to be taken of any period during
which 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 15Publication of code

(1) The 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) 20any alteration issued under section 49(5), or

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

51 Effect of code

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

(2) 25A 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) The 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
30person 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
the Secretary of State in an order made by statutory instrument.

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

(a) 35restrict 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) contain transitional, transitory or saving provision.

(7) So far as an order under subsection (5) contains a restriction of the kind
40mentioned 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) Before 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
5of State considers appropriate.

(9) No 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
10subject to annulment in pursuance of a resolution of either House of
Parliament.

(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
15in that House as if it were not a hybrid instrument.

52 Sections 47 to 51: interpretation

In sections 47 to 51—

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

• 20“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
effect.

CHAPTER 2 25Vehicles 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) immobilises a motor vehicle by the attachment to the vehicle, or a part
30of 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) The express or implied consent (whether or not legally binding) of a person
35otherwise 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
otherwise 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
5this 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) 10In 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
15illegally, 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) 20 after “road”, where it appears for the first time, insert “or other
land”, and

(ii) after “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
25other land”, and

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

(3) In 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) 30after paragraph (a), insert—

“(aa) may provide, in the case of a vehicle which may be
removed 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 35Recovery of unpaid parking charges

Schedule 4 (which makes provision for the recovery of unpaid parking charges
from 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) 5In 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
10to 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 15Emergency 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) 20Parliament 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
of urgency to make such an order.

(2) 25A 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
“28 days”, and

(b) 30the 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
to sub-paragraphs (1ZA) to (1ZI),”,

(b) 35the 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
detention where the grant (otherwise than in accordance
40with 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) in England and Wales, without the consent of the
5Director of Public Prosecutions,

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

(c) in Northern Ireland, without the consent of the
Director of Public Prosecutions for Northern
10Ireland,

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

(1ZC) The Director of Public Prosecutions must exercise
personally any function under sub-paragraph (1ZB) of
15giving consent.

(1ZD) The only exception is if—

(a) the Director is unavailable, and

(b) there is another person who is designated in
writing by the Director acting personally as the
20person 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
must do so personally, and

(b) 25the 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
30been made or extension granted, the application is to be
dismissed or (as the case may be) the extension is to be
revoked.

(1ZG) Sub-paragraphs (1ZC) to (1ZF) apply instead of any other
provisions which would otherwise have enabled any
35function of the Director of Public Prosecutions under sub-
paragraph (1ZB) of giving consent to be exercised by a
person other than the Director.

(1ZH) The Director of Public Prosecutions for Northern Ireland
must exercise personally any function under sub-
40paragraph (1ZB) of giving consent unless the function is
exercised personally by the Deputy Director of Public
Prosecutions 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
45Director).

(1ZI) Sub-paragraph (1ZH) applies instead of section 36 of the
Act 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
Ireland under, or (as the case may be) by virtue of, sub-
5paragraph (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-
paragraph (1B), a judicial authority; and

(b) 10in 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) the grant of the application otherwise than in
15accordance 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
senior judge in respect of that period.”,

(e) 20the 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
(1A)(b) to a senior judge, as if—

“(a) 25references 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),
30of “or senior judge”, and

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

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

(4) 35The 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
otherwise, to any person who is being detained under section 41
when the order comes into force (as well as any person who is
40subsequently 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
(whether or not the conditions mentioned in paragraphs (a) and (b)
of sub-paragraph (1) are met).

(7) 45Sub-paragraph (8) applies if—

(a) any of the following events occurs—

(i) the revocation without replacement of a temporary
extension 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) 5at 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
10(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) 15the 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) 20a 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),

25is 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
30each House of Parliament.

(6B) An 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) 35For the purposes of subsection (6B) the period of 20 days is to be
computed 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) 40After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation)
insert—

“(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
45under Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of
detention 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
5reasonably 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) 10Omit 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
15to 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) 20may 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
25power to search in that subsection is in addition to the power in
subsection (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) 30Subsection (2) applies if a constable reasonably suspects that a vehicle
is being used for the purposes of terrorism.

(2) The constable may stop and search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) 35a passenger in the vehicle;

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

(a) discovers 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
5United 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 10Replacement 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

(1) 15A senior police officer may give an authorisation under subsection (2)
or (3) in relation to a specified area or place if the officer—

(a) reasonably suspects that an act of terrorism will take place; and

(b) reasonably considers that—

(i) the authorisation is necessary to prevent such an act;

(ii) 20the specified area or place is no greater than is necessary
to prevent such an act; and

(iii) the duration of the authorisation is no longer than is
necessary to prevent such an act.

(2) An authorisation under this subsection authorises any constable in
25uniform to stop a vehicle in the specified area or place and to search—

(a) the vehicle;

(b) the driver of the vehicle;

(c) a passenger in the vehicle;

(d) anything in or on the vehicle or carried by the driver or a
30passenger.

(3) An authorisation under this subsection authorises any constable in
uniform to stop a pedestrian in the specified area or place and to
search—

(a) the pedestrian;

(b) 35anything carried by the pedestrian.

(4) A constable in uniform may exercise the power conferred by an
authorisation under subsection (2) or (3) only for the purpose of
discovering whether there is anything which may constitute evidence
that the vehicle concerned is being used for the purposes of terrorism
40or (as the case may be) that the person concerned is a person falling
within section 40(1)(b).

(5) But the power conferred by such an authorisation may be exercised
whether or not the constable reasonably suspects that there is such
evidence.

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

(a) discovers in the course of a search under such an authorisation;
and

(b) reasonably suspects may constitute evidence that the vehicle
5concerned is being used for the purposes of terrorism or (as the
case may be) that the person concerned is a person falling
within section 40(1)(b).

(7) Schedule 6B (which makes supplementary provision about
authorisations under this section) has effect.

(8) 10In this section—

• “driver” has the meaning given by section 43A(5);

• “senior police officer” has the same meaning as in Schedule 6B (see
  paragraph 14(1) and (2) of that Schedule);

• “specified” means specified in an authorisation.”

(2) 15Schedule 5 (which inserts a new Schedule making supplementary provision
about powers to stop and search in specified locations into the Terrorism Act
2000) has effect.

62 Code of practice

After section 47A of the Terrorism Act 2000 (for which see section 61) insert—

20“Code of practice relating to sections 43, 43A and 47A

47AA Code of practice relating to sections 43, 43A and 47A

(1) The Secretary of State must prepare a code of practice containing
guidance about—

(a) the exercise of the powers conferred by sections 43 and 43A,

(b) 25the exercise of the powers to give an authorisation under section
47A(2) or (3),

(c) the exercise of the powers conferred by such an authorisation
and section 47A(6), and

(d) such other matters in connection with the exercise of any of the
30powers mentioned in paragraphs (a) to (c) as the Secretary of
State considers appropriate.

(2) Such a code may make different provision for different purposes.

(3) In the course of preparing such a code, the Secretary of State must
consult the Lord Advocate and such other persons as the Secretary of
35State considers appropriate.

47AB Issuing of code

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

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

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

(2) 40The 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.