Counter-Terrorism and Security Bill (HL Bill 92)

Part 1 Temporary restrictions on travel

CHAPTER 1 Powers to seize travel documents

1 Seizure of passports etc from persons suspected of involvement in terrorism

(1) 5Schedule 1 makes provision for the seizure and temporary retention of travel
documents where a person is suspected of intending to leave Great Britain or
the United Kingdom in connection with terrorism-related activity.

(2) In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act
2012 (civil legal services)—

(a) 10in Part 1 (services), after paragraph 45 insert—

“Extension of time for retention of travel documents

45A (1) Civil legal services provided in relation to proceedings under
paragraph 8 of Schedule 1 to the Counter-Terrorism and
Security Act 2015.

Exclusions

(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3
of this Schedule.”;

(b) in Part 3 (advocacy: exclusion and exceptions), after paragraph 22
5insert—

“22A Advocacy in proceedings before a District Judge
(Magistrates’ Courts) under paragraph 8 of Schedule 1 to the
Counter-Terrorism and Security Act 2015.”

CHAPTER 2 Temporary exclusion from the United Kingdom

10Imposition of temporary exclusion orders

2 Temporary exclusion orders

(1) A “temporary exclusion order” is an order which requires an individual not to
return to the United Kingdom unless—

(a) the return is in accordance with a permit to return issued by the
15Secretary of State before the individual began the return, or

(b) the return is the result of the individual’s deportation to the United
Kingdom.

(2) The Secretary of State may impose a temporary exclusion order on an
individual if conditions A to E are met.

(3) 20Condition A is that the Secretary of State reasonably suspects that the
individual is, or has been, involved in terrorism-related activity outside the
United Kingdom.

(4) Condition B is that the Secretary of State reasonably considers that it is
necessary, for purposes connected with protecting members of the public in
25the United Kingdom from a risk of terrorism, for a temporary exclusion order
to be imposed on the individual.

(5) Condition C is that the Secretary of State reasonably considers that the
individual is outside the United Kingdom.

(6) Condition D is that the individual has the right of abode in the United
30Kingdom.

(7) Condition E is that—

(a) the court gives the Secretary of State permission under section 3, or

(b) the Secretary of State reasonably considers that the urgency of the case
requires a temporary exclusion order to be imposed without obtaining
35such permission.

(8) During the period that a temporary exclusion order is in force, the Secretary of
State must keep under review whether condition B is met.

3 Temporary exclusion orders: prior permission of the court

(1) This section applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) makes an application to the court for permission to impose a temporary
exclusion order on the individual.

(2) The function of the court on the application is to determine whether the
5relevant decisions of the Secretary of State are obviously flawed.

(3) The court may consider the application—

(a) in the absence of the individual,

(b) without the individual having been notified of the application, and

(c) without the individual having been given an opportunity (if the
10individual was aware of the application) of making any representations
to the court.

(4) But that does not limit the matters about which rules of court may be made.

(5) In determining the application, the court must apply the principles applicable
on an application for judicial review.

(6) 15In a case where the court determines that any of the relevant decisions of the
Secretary of State is obviously flawed, the court may not give permission under
this section.

(7) In any other case, the court must give permission under this section.

(8) Schedule 2 makes provision for references to the court etc where temporary
20exclusion orders are imposed in cases of urgency.

(9) Only the Secretary of State may appeal against a determination of the court
under—

(a) this section, or

(b) Schedule 2;

25and such an appeal may only be made on a question of law.

(10) In this section “the relevant decisions” means the decisions that the following
conditions are met—

(a) condition A;

(b) condition B;

(c) 30condition C;

(d) condition D.

4 Temporary exclusion orders: supplementary provision

(1) The Secretary of State must give notice of the imposition of a temporary
exclusion order to the individual on whom it is imposed (the “excluded
35individual”).

(2) Notice of the imposition of a temporary exclusion order must include an
explanation of the procedure for making an application under section 6 for a
permit to return.

(3) A temporary exclusion order—

(a) 40comes into force when notice of its imposition is given; and

(b) is in force for the period of two years (unless revoked or otherwise
brought to an end earlier).

(4) The Secretary of State may revoke a temporary exclusion order at any time.

(5) The Secretary of State must give notice of the revocation of a temporary
exclusion order to the excluded individual.

(6) If a temporary exclusion order is revoked, it ceases to be in force when notice
of its revocation is given.

(7) 5The validity of a temporary exclusion order is not affected by the excluded
individual—

(a) returning to the United Kingdom, or

(b) departing from the United Kingdom.

(8) The imposition of a temporary exclusion order does not prevent a further
10temporary exclusion order from being imposed on the excluded individual
(including in a case where an order ceases to be in force at the expiry of its two
year duration).

(9) At the time when a temporary exclusion order comes into force, any British
passport held by the excluded individual is invalidated.

(10) 15During the period when a temporary exclusion order is in force, the issue of a
British passport to the excluded individual while he or she is outside the
United Kingdom is not valid.

(11) In this section “British passport” means a passport, or other document which
enables or facilitates travel from one state to another (except a permit to
20return), that has been—

(a) issued by or for Her Majesty’s Government in the United Kingdom,
and

(b) issued in respect of a person’s status as a British citizen.

Permit to return

5 25Permit to return

(1) A “permit to return” is a document giving an individual (who is subject to a
temporary exclusion order) permission to return to the United Kingdom.

(2) The permission may be made subject to a requirement that the individual
comply with conditions specified in the permit to return.

(3) 30The individual’s failure to comply with a specified condition has the effect of
invalidating the permit to return.

(4) A permit to return must state—

(a) the time at which, or period of time during which, the individual is
permitted to arrive on return to the United Kingdom;

(b) 35the manner in which the individual is permitted to return to the United
Kingdom; and

(c) the place where the individual is permitted to arrive on return to the
United Kingdom.

(5) Provision made under subsection (4)(a) or (c) may, in particular, be framed by
40reference to the arrival in the United Kingdom of a specific flight, sailing or
other transport service.

(6) Provision made under subsection (4)(b) may, in particular, state—

(a) a route,

(b) a method of transport,

(c) an airline, shipping line or other passenger carrier, or

(d) a flight, sailing or other transport service,

which the individual is permitted to use to return to the United Kingdom.

(7) 5The Secretary of State may not issue a permit to return except in accordance
with section 6 or 7.

(8) It is for the Secretary of State to decide the terms of a permit to return (but this
is subject to section 6(3)).

6 Issue of permit to return: application by individual

(1) 10If an individual applies to the Secretary of State for a permit to return, the
Secretary of State must issue a permit within a reasonable period after the
application is made.

(2) But the Secretary of State may refuse to issue the permit if—

(a) the Secretary of State requires the individual to attend an interview
15with a constable or immigration officer at a time and a place specified
by the Secretary of State, and

(b) the individual fails to attend the interview.

(3) Where a permit to return is issued under this section, the relevant return time
must fall within a reasonable period after the application is made.

(4) 20An application is not valid unless it is made in accordance with the procedure
for applications specified by the Secretary of State.

(5) In this section—

• “application” means an application made by an individual to the
  Secretary of State for a permit to return to be issued;

• 25“relevant return time” means—

  (a)

  the time at which the individual is permitted to arrive on return
  to the United Kingdom (in a case where the permit to return
  states such a time), or

  (b)

  the start of the period of time during which the individual is
  30permitted to arrive on return to the United Kingdom (in a case
  where the permit to return states such a period).

7 Issue of permit to return: deportation or urgent situation

(1) The Secretary of State must issue a permit to return to an individual if the
Secretary of State considers that the individual is to be deported to the United
35Kingdom.

(2) The Secretary of State may issue a permit to return to an individual if—

(a) the Secretary of State considers that, because of the urgency of the
situation, it is expedient to issue a permit to return even though no
application has been made under section 6, and

(b) 40there is no duty to issue a permit to return under subsection (1).

(3) Subsection (1) or (2) applies whether or not any request has been made to issue
the permit to return under that provision.

8 Permit to return: supplementary provision

(1) The Secretary of State may vary a permit to return.

(2) The Secretary of State may revoke a permit to return issued to an individual
only if—

(a) 5the permit to return has been issued under section 6 and the individual
asks the Secretary of State to revoke it;

(b) the permit to return has been issued under section 7(1) and the
Secretary of State no longer considers that the individual is to be
deported to the United Kingdom;

(c) 10the permit to return has been issued under section 7(2) and the
Secretary of State no longer considers that, because of the urgency of
the situation, the issue of the permit to return is expedient;

(d) the Secretary of State issues a subsequent permit to return to the
individual; or

(e) 15the Secretary of State considers that the permit to return has been
obtained by misrepresentation.

(3) The making of an application for a permit to return to be issued under section
6 (whether or not resulting in a permit to return being issued) does not prevent
a subsequent application from being made.

(4) 20The issuing of a permit to return (whether or not resulting in the individual’s
return to the United Kingdom) does not prevent a subsequent permit to return
from being issued (whether or not the earlier permit is still in force).

Obligations after return to the United Kingdom

9 Obligations after return to the United Kingdom

(1) 25The Secretary of State may, by notice, impose any or all of the permitted
obligations on an individual who—

(a) is subject to a temporary exclusion order, and

(b) has returned to the United Kingdom.

(2) The “permitted obligations” are—

(a) 30any obligation of a kind that may be imposed (on an individual subject
to a TPIM notice) under these provisions of Schedule 1 to the Terrorism
Prevention and Investigation Measures Act 2011—

(i) paragraph 10 (reporting to police station);

(ii) paragraph 10A (attendance at appointments etc);

(b) 35an obligation to notify the police, in such manner as a notice under this
section may require, of—

(i) the individual’s place (or places) of residence, and

(ii) any change in the individual’s place (or places) of residence.

(3) A notice under this section—

(a) 40comes into force when given to the individual; and

(b) is in force until the temporary exclusion order ends (unless the notice is
revoked or otherwise brought to an end earlier).

(4) The Secretary of State may, by notice, vary or revoke any notice given under
this section.

(5) The variation or revocation of a notice under this section takes effect when the
notice of variation or revocation is given to the individual.

(6) The validity of a notice under this section is not affected by the individual—

(a) departing from the United Kingdom, or

(b) 5returning to the United Kingdom.

(7) The giving of any notice to an individual under this section does not prevent
any further notice under this section from being given to that individual.

Offences and proceedings etc

10 Offences

(1) 10An individual subject to a temporary exclusion order is guilty of an offence if,
without reasonable excuse, the individual returns to the United Kingdom in
contravention of the restriction on return specified in the order.

(2) It is irrelevant for the purposes of subsection (1) whether or not the individual
has a passport or other similar identity document.

(3) 15An individual subject to an obligation imposed under section 9 is guilty of an
offence if, without reasonable excuse, the individual does not comply with the
obligation.

(4) In a case where a relevant notice has not actually been given to an individual,
the fact that the relevant notice is deemed to have been given to the individual
20under regulations under section 13 does not (of itself) prevent the individual
from showing that lack of knowledge of the temporary exclusion order, or of
the obligation imposed under section 9, was a reasonable excuse for the
purposes of this section.

(5) An individual guilty of an offence under this section is liable—

(a) 25on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12 months or to a fine, or to both;

(c) on summary conviction in Northern Ireland, to imprisonment for a
30term not exceeding 6 months or to a fine not exceeding the statutory
maximum, or to both;

(d) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory maximum,
or to both.

(6) 35Where an individual is convicted by or before a court of an offence under this
section, it is not open to that court to make in respect of the offence—

(a) an order under section 12(1)(b) of the Powers of Criminal Courts
(Sentencing) Act 2000 (conditional discharge);

(b) an order under section 227A of the Criminal Procedure (Scotland) Act
401995 (community pay-back orders); or

(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24)S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern
Ireland).

(7) In this section—

Counter-Terrorism and Security BillPage 8

• “relevant notice” means—

  (a)

  notice of the imposition of a temporary exclusion order, or

  (b)

  notice under section 9 imposing an obligation;

• “restriction on return” means the requirement specified in a temporary
  5exclusion order in accordance with section 2(1).

(8) In section 2 of the UK Borders Act 2007 (detention at ports), in subsection (1A),
for “the individual is subject to a warrant for arrest” substitute “the
individual—

“(a) may be liable to be detained by a constable under section 14 of
10the Criminal Procedure (Scotland) Act 1995 in respect of an
offence under section 10(1) of the Counter-Terrorism and
Security Act 2015, or

(b) is subject to a warrant for arrest.”

11 Review of decisions relating to temporary exclusion orders

(1) 15This section applies where an individual who is subject to a temporary
exclusion order is in the United Kingdom.

(2) The individual may apply to the court to review any of the following decisions
of the Secretary of State—

(a) a decision that any of the following conditions was met in relation to
20the imposition of the temporary exclusion order—

(i) condition A;

(ii) condition B;

(iii) condition C;

(iv) condition D;

(b) 25a decision to impose the temporary exclusion order;

(c) a decision that condition B continues to be met;

(d) a decision to impose any of the permitted obligations on the individual
by a notice under section 9.

(3) On a review under this section, the court must apply the principles applicable
30on an application for judicial review.

(4) On a review of a decision within subsection (2)(a) to (c), the court has the
following powers (and only those powers)—

(a) power to quash the temporary exclusion order;

(b) power to give directions to the Secretary of State for, or in relation to,
35the revocation of the temporary exclusion order.

(5) If the court does not exercise either of its powers under subsection (4), the court
must decide that the temporary exclusion order is to continue in force.

(6) On a review of a decision within subsection (2)(d), the court has the following
powers (and only the following powers)—

(a) 40power to quash the permitted obligation in question;

(b) if that is the only permitted obligation imposed by the notice under
section 9, power to quash the notice;

(c) power to give directions to the Secretary of State for, or in relation to—

(i) the variation of the notice so far as it relates to that permitted
45obligation, or

(ii) if that is the only permitted obligation imposed by the notice,
the revocation of the notice.

(7) If the court does not exercise any of its powers under subsection (6), the court
must decide that the notice under section 9 is to continue in force.

(8) 5If the court exercises a power under subsection (6)(a) or (c)(i), the court must
decide that the notice under section 9 is to continue in force subject to that
exercise of that power.

(9) The power under this section to quash a temporary exclusion order, permitted
obligation or notice under section 9 includes—

(a) 10in England and Wales or Northern Ireland, power to stay the quashing
for a specified time, or pending an appeal or further appeal against the
decision to quash; or

(b) in Scotland, power to determine that the quashing is of no effect for a
specified time or pending such an appeal or further appeal.

(10) 15An appeal against a determination of the court on a review under this section
may only be made on a question of law.

(11) For the purposes of this section, a failure by the Secretary of State to make a
decision whether condition B continues to be met is to be treated as a decision
that it continues to be met.

12 20Temporary exclusion orders: proceedings and appeals against convictions

(1) Schedule 3 makes provision about proceedings relating to temporary exclusion
orders.

(2) Schedule 4 makes provision about appeals against convictions in cases where
a temporary exclusion order, a notice under section 9 or a permitted obligation
25is quashed.

Supplementary

13 Regulations: giving of notices, legislation relating to passports

(1) The Secretary of State may by regulations make provision about the giving of—

(a) notice under section 4, and

(b) 30notice under section 9.

(2) The regulations may, in particular, make provision about cases in which notice
is to be deemed to have been given.

(3) The Secretary of State may make regulations providing for legislation relating
to passports or other identity documents (whenever passed or made) to apply
35(with or without modifications) to permits to return.

(4) The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision.

(5) A statutory instrument containing regulations under this section is subject to
40annulment in pursuance of a resolution of either House of Parliament.