Counter-Terrorism and Security Bill (HL Bill 75)

Education, child care etc

A sixth form college corporation within the meaning given by section 90(1)
of the Further and Higher Education Act 1992.

The governing body of an institution within the further education sector
5within the meaning given by section 91(3) of that Act.

A person with whom arrangements have been made for the provision of
education under section 19 of the Education Act 1996 or section 100 of the
Education and Inspections Act 2006 (cases of illness, exclusion etc).

The proprietor of—

(a) 10a school that has been approved under section 342 of the Education
Act 1996,

(b) a maintained school within the meaning given by section 20(7) of the
School Standards and Framework Act 1998,

(c) a maintained nursery school within the meaning given by section
1522(9) of that Act,

(d) an independent school registered under section 158 of the Education
Act 2002,

(e) an independent educational institution registered under section
95(1) of the Education and Skills Act 2008,

(f) 20a 16 to 19 Academy within the meaning given by section 1B of the
Academies Act 2010,

(g) an alternative provision Academy within the meaning given by
section 1C of that Act, or

(h) a special post-16 institution within the meaning given by section
2583(2) of the Children and Families Act 2014.

A person who is specified or nominated in a direction made in relation to the
exercise of a local authority’s functions given by the Secretary of State under
section 497A of the Education Act 1996 (including that section as applied by
section 50 of the Children Act 2004 or section 15 of the Childcare Act 2006).

30A person registered under Part 2 of the Care Standards Act 2000 in respect
of—

(a) a children’s home as defined in section 1 of that Act,

(b) a residential family centre as defined in section 4 of that Act,

(c) a fostering agency as defined in that section, or

(d) 35a holiday scheme for disabled children, within the meaning of the
Registered Holiday Schemes for Disabled Children (England)
Regulations 2013 (S.I. 2013/1394S.I. 2013/1394).

The governing body of a qualifying institution within the meaning given by
section 11 of the Higher Education Act 2004.

40A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare
Act 2006 or under section 20 of the Children and Families (Wales) Measure
2010 (nawm 1).

A body corporate with which a local authority has entered into
arrangements under Part 1 of the Children and Young Persons Act 2008.

45The governing body of an educational establishment maintained by a local
authority in Wales.

The governing body or proprietor of an institution (not otherwise listed) at
which more than 250 students, excluding students undertaking distance
learning courses, are undertaking—

(a) courses in preparation for examinations related to qualifications
5regulated by the Office of Qualifications and Examinations
Regulation or the Welsh Assembly Government;

(b) courses of a description mentioned in Schedule 6 to the Education
Reform Act 1988 (higher education courses).

Health and social care

10A clinical commissioning group established under section 14D of the
National Health Service Act 2006.

An NHS Trust established under section 25 of the National Health Service
Act 2006.

An NHS foundation trust within the meaning given by section 30 of the
15National Health Service Act 2006.

A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.

An NHS trust established under section 18 of the National Health Service
(Wales) Act 2006.

20Police

A chief officer of police for a police area in England and Wales (other than a
chief officer who is a member of the panel in question).

Section 35

SCHEDULE 5 Port and border controls: power to examine goods

25Terrorism Act 2000 (c. 11)2000 (c. 11)

1 (1) In Schedule 7 to the Terrorism Act 2000 (port and border controls) paragraph
9 (power to examine goods) is amended as follows.

(2) After sub-paragraph (2) insert—

“(2A) The reference in sub-paragraph (2)(a) to goods which are about to
30leave Great Britain or Northern Ireland on a ship includes goods
which—

(a) are held at premises operated by a sea cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern
Ireland for carriage on a ship.

(2B) 35The reference in sub-paragraph (2)(b) to goods which are about to
leave any place in Great Britain or Northern Ireland on an aircraft
includes goods which—

(a) are held at premises operated by an air cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern
Ireland for carriage on an aircraft.

(2C) An examination under this paragraph may be carried out only—

(a) at a port;

(b) 5at premises operated by a sea cargo agent or an air cargo
agent;

(c) at a transit shed;

(d) at a location designated by the Secretary of State under
sub-paragraph (2D) (a “designated examination location”).

(2D) 10The Secretary of State may designate a location for the purposes of
sub-paragraph (2C)(d) only if the Secretary of State reasonably
believes that it is necessary to designate that location in order for
examining officers to be able to exercise their functions under this
paragraph.

(2E) 15The Secretary of State must maintain and publish a list of
designated examination locations.”

(3) For sub-paragraph (3) substitute—

“(3) In this paragraph—

(a) “air cargo agent” has the meaning given by section 21F(1)
20of the Aviation Security Act 1982;

(b) “goods” includes property of any description, and
containers;

(c) “sea cargo agent” has the meaning given by section 41(1) of
the Aviation and Maritime Security Act 1990;

(d) 25“transit shed” has the meaning given by section 25A of the
Customs and Excise Management Act 1979.”

(4) For sub-paragraph (4) substitute—

“(4) For the purposes of determining whether to carry out an
examination under this paragraph an examining officer may—

(a) 30board a ship or aircraft;

(b) enter a vehicle;

(c) enter premises operated by a sea cargo agent or an air
cargo agent;

(d) enter a transit shed;

(e) 35enter a designated examination location.”

Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

2 In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful
interception without an interception warrant), after subsection (3A) insert—

“(3B) Conduct consisting in the interception of a communication in the
40course of its transmission by means of a public postal service is
authorised by this section if it is conduct under paragraph 9 of
Schedule 7 to the Terrorism Act 2000 (port and border controls).”

Postal Services Act 2000 (c. 26)2000 (c. 26)

3 (1) In section 104 of the Postal Services Act 2000 (inviolability of mails)
subsection (3) is amended as follows.

(2) Omit the word “or” at the end of paragraph (c).

(3) 5At the end insert “, or

(e) a power conferred by paragraph 9 of Schedule 7 to the
Terrorism Act 2000 (port and border controls).”