Counter-Terrorism and Security Bill (HL Bill 92)

14 Chapter 2: interpretation

(1) This section applies for the purposes of this Chapter.

(2) These expressions have the meanings given—

• “act” and “conduct” include omissions and statements;

• 5“act of terrorism” includes anything constituting an action taken for the
  purposes of terrorism, within the meaning of the Terrorism Act 2000
  (see section 1(5) of that Act);

• “condition A”, “condition B”, “condition C”, “condition D” or “condition
  E” means that condition as set out in section 2;

• 10“court” means—

  (a)

  in the case of proceedings relating to an individual whose
  principal place of residence is in Scotland, the Outer House of
  the Court of Session;

  (b)

  in the case of proceedings relating to an individual whose
  15principal place of residence is in Northern Ireland, the High
  Court in Northern Ireland;

  (c)

  in any other case, the High Court in England and Wales;

• “permit to return” has the meaning given in section 5;

• “temporary exclusion order” has the meaning given in section 2;

• 20“terrorism” has the same meaning as in the Terrorism Act 2000 (see
  section 1(1) to (4) of that Act).

(3) An individual is—

(a) subject to a temporary exclusion order if a temporary exclusion order is
in force in relation to the individual; and

(b) 25subject to an obligation imposed under section 9 if an obligation is
imposed on the individual by a notice in force under that section.

(4) Involvement in terrorism-related activity is any one or more of the following—

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct that facilitates the commission, preparation or instigation of
30such acts, or is intended to do so;

(c) conduct that gives encouragement to the commission, preparation or
instigation of such acts, or is intended to do so;

(d) conduct that gives support or assistance to individuals who are known
or believed by the individual concerned to be involved in conduct
35falling within paragraph (a).

It is immaterial whether the acts of terrorism in question are specific acts of
terrorism or acts of terrorism in general.

(5) It is immaterial whether an individual’s involvement in terrorism-related
activity occurs before or after the coming into force of section 2.

(6) 40References to an individual’s return to the United Kingdom include, in the case
of an individual who has never been in the United Kingdom, a reference to the
individual’s coming to the United Kingdom for the first time.

(7) References to deportation include references to any other kind of expulsion.

15 Chapter 2: consequential amendments

(1) 45In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated

to the Queen’s Bench Division), after paragraph (bd) insert—

“(be) all TEO proceedings (within the meaning given by paragraph
1 of Schedule 3 to the Counter-Terrorism and Security Act
2015 (proceedings relating to temporary exclusion orders));”.

(2) 5In section 133(5) of the Criminal Justice Act 1988 (compensation for
miscarriages of justice)—

(a) omit “or” at the end of paragraph (e);

(b) after paragraph (f) insert “or

(g) on an appeal under Schedule 4 to the Counter-Terrorism
10and Security Act 2015.”

(3) In section 18 of the Regulation of Investigatory Powers Act 2000 (exclusion of
matter from legal proceedings: exceptions)—

(a) in subsection (1), after paragraph (dd) insert—

“(de) any TEO proceedings (within the meaning given by
15paragraph 1 of Schedule 3 to the Counter-Terrorism and
Security Act 2015 (temporary exclusion orders:
proceedings)) or any proceedings arising out of such
proceedings;”;

(b) in subsection (2), after paragraph (zc) insert—

“(zd) 20in the case of proceedings falling within paragraph (de),
to—

(i) a 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
25proceedings (but otherwise than by virtue of
appointment as a special advocate under
Schedule 3 to the Counter-Terrorism and
Security Act 2015) represents a person falling
within sub-paragraph (i);”.

30Part 2 Terrorism prevention and investigation measures

16 TPIMs: overnight residence measure

(1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011
(terrorism prevention and investigation measures), paragraph 1 (overnight
35residence measure) is amended as follows.

(2) For sub-paragraph (3)(b) substitute—

“(b) other premises situated in an agreed locality or in some other
locality in the United Kingdom that the Secretary of State
considers to be appropriate.”

(3) 40After sub-paragraph (3) insert—

“(3A) If there are premises that are the individual’s own residence at the
time when the notice imposing restrictions under this paragraph is
served on the individual, premises more than 200 miles from those
premises may be specified under sub-paragraph (3)(b) only if they
45are in an agreed locality.”

(4) Omit sub-paragraph (4).

(5) After sub-paragraph (5) insert—

“(5A) The specified residence (if it is not the individual’s own residence) may
be a residence provided by or on behalf of the Secretary of State.”

17 5TPIMs: travel measure

(1) The Terrorism Prevention and Investigation Measures Act 2011 is amended as
follows.

(2) In section 2 (imposition of terrorism prevention and investigation measures),
after subsection (3) insert—

“(4) 10The Secretary of State must publish factors that he or she considers are
appropriate to take into account when deciding whether to impose
restrictions on an individual by virtue of paragraph 2 of Schedule 1
(travel measure).”

(3) In section 23 (offence), after subsection (1) insert—

“(1A) 15Where an individual—

(a) is subject to a measure specified under paragraph 2 of Schedule
1 (a “travel measure”), and

(b) leaves the United Kingdom or travels outside the United
Kingdom,

20subsection (1)(b) has effect, in relation to that act, with the omission of
the words “without reasonable excuse”.”

(4) After subsection (3) of that section insert—

“(3A) Where an individual commits an offence under subsection (1) by
contravening a travel measure, subsection (3)(a) has effect as if “10
25years” were substituted for “5 years”.”

(5) In Schedule 1, in paragraph 2 (travel measure), for sub-paragraph (2)
substitute—

“(2) The specified area must be—

18 TPIMs: weapons and explosives measure

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, after paragraph 6 insert—

35“Weapons and explosives measure

6A (1) The Secretary of State may impose on the individual—

(a) a prohibition on possessing offensive weapons, imitation
firearms or explosives;

(b) a prohibition on making an application for a firearm
40certificate or a shot gun certificate.

(2) In sub-paragraph (1)(a)—

• “offensive weapon” means an article made or adapted for use
  for causing injury to the person, or intended by the person in
  possession of it for such use (by that person or another);

• 5“imitation firearm” has the same meaning as in the Firearms Act
  1968 or (in relation to Northern Ireland) the Firearms
  (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)S.I. 2004/702 (N.I. 3));

• “explosive” means anything that is—

  (a)

  an explosive within the meaning of the Explosives
  10Act 1875, or

  (b)

  an explosive substance within the meaning of the
  Explosive Substances Act 1883.

(3) For the purposes of sub-paragraph (1)(b)—

(a) an application for a firearm certificate is an application under
15section 26A of the Firearms Act 1968 or article 4 of the
Firearms (Northern Ireland) Order 2004;

(b) an application for a shot gun certificate is an application
under section 26B of the Firearms Act 1968.”

19 TPIMs: appointments measure

20In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, after paragraph 10 insert—

“Appointments measure

10A (1) The Secretary of State may impose a requirement for the
individual—

(a) 25to attend appointments with specified persons or persons of
specified descriptions, and

(b) to comply with any reasonable directions given by the
Secretary of State that relate to matters about which the
individual is required to attend an appointment.

(2) 30A requirement under sub-paragraph (1)(a) is a requirement to attend
appointments—

(a) at specified times and places, or

(b) at times and places notified to the individual by persons
referred to in that sub-paragraph.”

20 35TPIMs: miscellaneous amendments

(1) In section 3 of the Terrorism Prevention and Investigation Measures Act 2011
(conditions A to E), in subsection (1), for “reasonably believes” substitute “is
satisfied, on the balance of probabilities,”.

(2) In section 4 of that Act (involvement in terrorism-related activity), in
40subsection (1)(d), for “paragraphs (a) to (c)” substitute “paragraph (a)”.

Part 3 Data retention

21 Retention of relevant internet data

(1) Section 2(1) of the Data Retention and Investigatory Powers Act 2014
5(temporary provision about the retention of relevant communications data
subject to safeguards: definitions) is amended as follows.

(2) In the definition of “relevant communications data”—

(a) for “means communications data” substitute “means—

(a) communications data”;

(b) 10after “Regulations” insert “, or

“(b) relevant internet data not falling within paragraph (a),”;

(c) the words from “so far as” to the end of the definition become full-out
words beneath the new paragraphs (a) and (b).

(3) After the definition of “relevant communications data” insert—

• 15““relevant internet data” means communications data which—

  (a)

  relates to an internet access service or an internet
  communications service,

  (b)

  may be used to identify, or assist in identifying, which
  internet protocol address, or other identifier, belongs to
  20the sender or recipient of a communication (whether or
  not a person), and

  (c)

  is not data which—

  (i)

  may be used to identify an internet
  communications service to which a
  25communication is transmitted through an
  internet access service for the purpose of
  obtaining access to, or running, a computer file
  or computer program, and

  (ii)

  is generated or processed by a public
  30telecommunications operator in the process of
  supplying the internet access service to the
  sender of the communication (whether or not a
  person);”.

(4) In addition—

(a) 35before the definition of “communications data” insert—

• ““communication” has the meaning given by section 81(1)
  of the Regulation of Investigatory Powers Act 2000 so
  far as that meaning applies in relation to
  telecommunications services and telecommunication
  40systems;”;

(b) after the definition of “functions” insert—

• ““identifier” means an identifier used to facilitate the
  transmission of a communication;”;

(c) after the definition of “notice” insert—

• 45““person” includes an organisation and any association or
  combination of persons;”.

(5) Subsections (1) to (4) are repealed on 31 December 2016.

Part 4 Aviation, shipping and rail

22 Authority-to-carry schemes

(1) 5The Secretary of State may make one or more schemes requiring a person (a
“carrier”) to seek authority from the Secretary of State to carry persons on
aircraft, ships or trains which are—

(a) arriving, or expected to arrive, in the United Kingdom, or

(b) leaving, or expected to leave, the United Kingdom.

10A scheme made under this section is called an “authority-to-carry scheme”.

(2) An authority-to-carry scheme must specify or describe—

(a) the classes of carrier to which it applies (which may be all carriers or
may be defined by reference to the method of transport or otherwise),

(b) the classes of passengers or crew in respect of whom authority to carry
15must be sought (which may be all of them or may be defined by
reference to nationality, the possession of specified documents or
otherwise), and

(c) the classes of passengers or crew in respect of whom authority to carry
may be refused.

(3) 20An authority-to-carry scheme may specify or describe a class of person under
subsection (2)(c) only if it is necessary in the public interest.

(4) The Secretary of State may make different authority-to-carry schemes for
different purposes and in particular may make different schemes for different
types of carrier, journey or person.

(5) 25An authority-to-carry scheme must set out the process for carriers to request,
and for the Secretary of State to grant or refuse, authority to carry, which may
include—

(a) a requirement for carriers to provide specified information on
passengers or crew by a specified time before travel;

(b) 30a requirement for carriers to provide the information in a specified
manner and form;

(c) a requirement for carriers to be able to receive, in a specified manner
and form, communications from the Secretary of State relating to the
information provided or granting or refusing authority to carry.

(6) 35Information specified under subsection (5)(a) may be information that can be
required to be supplied under paragraph 27, 27B or 27BA of Schedule 2 to the
Immigration Act 1971, section 32 or 32A of the Immigration, Asylum and
Nationality Act 2006 or otherwise.

(7) The grant or refusal of authority under an authority-to-carry scheme does not
40determine whether a person is entitled or permitted to enter the United
Kingdom.

(8) So far as it applies in relation to Scotland, an authority-to-carry scheme may be
made only for purposes that are, or relate to, reserved matters (within the
meaning of the Scotland Act 1998).

(9) So far as it applies in relation to Northern Ireland, an authority-to-carry scheme
may be made only for purposes that are, or relate to, excepted or reserved
matters (within the meaning of the Northern Ireland Act 1998).

(10) In the Nationality, Immigration and Asylum Act 2002 omit section 124
5(authority to carry).

23 Penalty for breach of authority-to-carry scheme

(1) The Secretary of State may make regulations imposing penalties for breaching
the requirements of an authority-to-carry scheme.

(2) Regulations under subsection (1)—

(a) 10must identify the authority-to-carry scheme to which they refer, and

(b) may not be laid unless the Secretary of State has laid the authority-to-
carry scheme before Parliament.

(3) Regulations under subsection (1) may in particular make provision—

(a) about how a penalty is to be calculated;

(b) 15about the procedure for imposing a penalty;

(c) about the enforcement of penalties;

(d) allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(4) Provision in the regulations about the procedure for imposing a penalty must
20provide for a carrier to be given an opportunity to object to a proposed penalty
in the circumstances set out in the regulations.

(5) The regulations must provide that no penalty may be imposed on a carrier for
breaching the requirements of an authority-to-carry scheme where—

(a) the breach consists of a failure to provide information that the carrier
25has also been required to provide under paragraph 27, 27B or 27BA of
Schedule 2 to the Immigration Act 1971 and—

(i) a penalty has been imposed on the person in respect of a failure
to provide that information by virtue of regulations made under
paragraph 27BB of Schedule 2 to that Act, or

(ii) 30proceedings have been instituted against the carrier under
section 27 of that Act in respect of a failure to provide that
information, or

(b) the breach consists of a failure to provide information that the carrier
has also been required to provide under section 32 or 32A of the
35Immigration, Asylum and Nationality Act 2006 and—

(i) a penalty has been imposed on the person in respect of a failure
to provide that information by virtue of regulations made under
section 32B of that Act, or

(ii) proceedings have been instituted against the carrier under
40section 34 of that Act in respect of a failure to provide that
information.

(6) Any penalty paid by virtue of this section must be paid into the Consolidated
Fund.

(7) Regulations under this section are to be made by statutory instrument; and any
45such statutory instrument may not be made unless a draft of the instrument

has been laid before each House of Parliament and approved by a resolution of
each House.

24 Aviation, maritime and rail security

(1) Schedule 5 makes amendments to do with aviation, maritime and rail security.

(2) 5Part 1 of that Schedule makes amendments about passenger, crew and service
information in relation to aircraft and ships.

(3) Part 2 of that Schedule makes amendments of the provisions relating to
directions etc in—

(a) the Aviation Security Act 1982,

(b) 10the Aviation and Maritime Security Act 1990, and

(c) the Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570).

Part 5 Risk of being drawn into terrorism

CHAPTER 1 Preventing people being drawn into terrorism

25 15General duty on specified authorities

(1) A specified authority must, in the exercise of its functions, have due regard to
the need to prevent people from being drawn into terrorism.

(2) A specified authority is a person or body that is listed in Schedule 6.

(3) In the case of a specified authority listed in Schedule 6 in terms that refer to a
20particular capacity that it has, the reference in subsection (1) to the authority’s
functions is to its functions when acting in that capacity.

(4) Subsection (1) does not apply to the exercise of—

(a) a judicial function;

(b) a function exercised on behalf of, or on the instructions of, a person
25exercising a judicial function;

(c) a function in connection with proceedings in the House of Commons or
the House of Lords;

(d) a function in connection with proceedings in the Scottish Parliament;

(e) a function in connection with proceedings in the National Assembly for
30Wales.

(5) References to a judicial function include a reference to a judicial function
conferred on a person other than a court or tribunal.

26 Power to specify authorities

(1) The Secretary of State may by regulations made by statutory instrument
35amend Schedule 6.

(2) The power under subsection (1) may not be exercised so as to extend the
application of section 25(1) to—

(a) the exercise of a function referred to in section 25(4);

(b) the House of Commons;

(c) the House of Lords;

(d) the Scottish Parliament;

(e) 5the National Assembly for Wales or the Assembly Commission within
the meaning of the Government of Wales Act 2006;

(f) the General Synod of the Church of England;

(g) the Security Service;

(h) the Secret Intelligence Service;

(i) 10the Government Communications Headquarters;

(j) any part of Her Majesty’s forces, or of the Ministry of Defence, which
engages in intelligence activities.

(3) Regulations under this section may amend this Chapter so as to make
consequential or supplemental provision.

(4) 15A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before each House of
Parliament and approved by a resolution of each House.

(5) Subsection (4) does not apply to a statutory instrument containing regulations
that only make provision for—

(a) 20the omission of an entry where the authority concerned has ceased to
exist, or

(b) the variation of an entry in consequence of a change of name or transfer
of functions.

(6) A statutory instrument that falls within subsection (5) is subject to annulment
25in pursuance of a resolution of either House of Parliament.

27 Power to specify authorities: Welsh and Scottish authorities

(1) The Secretary of State must consult the Welsh Ministers before making
regulations under section 26(1) that—

(a) add a Welsh authority to Schedule 6, or

(b) 30amend or remove an entry that relates to a Welsh authority.

(2) The Secretary of State must consult the Scottish Ministers before making
regulations under section 26(1) that—

(a) add a Scottish authority to Schedule 6, or

(b) amend or remove an entry that relates to a Scottish authority.

28 35Power to issue guidance

(1) The Secretary of State may issue guidance to specified authorities about the
exercise of their duty under section 25(1).

(2) A specified authority must have regard to any such guidance in carrying out
that duty.

(3) 40The Secretary of State—

(a) may issue separate guidance in relation to different matters;

(b) may issue guidance to all specified authorities, to particular specified
authorities or to specified authorities of a particular description.

(4) Before issuing guidance under subsection (1) the Secretary of State must
(whether before or after this Act is passed) consult—

(a) the Welsh Ministers so far as the guidance relates to the devolved
Welsh functions of a Welsh authority;

(b) 5the Scottish Ministers so far as the guidance relates to the devolved
Scottish functions of a Scottish authority;

(c) any person whom the Secretary of State considers appropriate.

(5) The Secretary of State may from time to time revise any guidance issued under
this section.

(6) 10Subsections (2) and (3) have effect in relation to any revised guidance.

(7) Subsection (4) has effect in relation to any revised guidance unless the
Secretary of State considers that the proposed revisions to the guidance are
insubstantial.

(8) The Secretary of State must publish the current version of any guidance issued
15under this section.

29 Power to give directions: general

(1) Where the Secretary of State is satisfied that a specified authority has failed to
discharge the duty imposed on it by section 25(1), the Secretary of State may
give directions to the authority for the purpose of enforcing the performance of
20that duty.

(2) A direction given under this section may be enforced, on an application made
on behalf of the Secretary of State, by a mandatory order.

(3) The Secretary of State must consult the Welsh Ministers before giving
directions under subsection (1) so far as relating to the devolved Welsh
25functions of a Welsh authority.

(4) The Secretary of State must consult the Scottish Ministers before giving
directions under subsection (1) so far as relating to the devolved Scottish
functions of a Scottish authority.

30 Monitoring of performance: further and higher education bodies

(1) 30In this section—

• “monitoring authority” has the meaning given by subsection (4);

• “relevant further education body” means the governing body or
  proprietor of an institution in England or Wales that—

  (a)

  is subject to the duty imposed by section 25(1), and

  (b)

  35is subject to that duty because it is an institution at which more
  than 250 students are undertaking courses in preparation for
  examinations related to qualifications regulated by the Office of
  Qualifications and Examinations Regulation or the Welsh
  Government;

• 40“relevant higher education body” means the governing body or
  proprietor of an institution in England or Wales that is subject to the
  duty imposed by section 25(1) because it is—

  (a)

  a qualifying institution within the meaning given by section 11
  of the Higher Education Act 2004, or

  Counter-Terrorism and Security BillPage 20

  (b)

  an institution at which more than 250 students are undertaking
  courses of a description mentioned in Schedule 6 to the
  Education Reform Act 1988 (higher education courses).

(2) A relevant further education body or relevant higher education body must
5give to the monitoring authority any information that the monitoring authority
may require for the purposes of monitoring that body’s performance in
discharging the duty imposed by section 25(1).

(3) The information that the monitoring authority may require under subsection
(2) includes information which specifies the steps that will be taken by the
10body in question to ensure that it discharges the duty imposed by section 25(1).

(4) The “monitoring authority” for a relevant further education body or a relevant
higher education body is—

(a) the Secretary of State, or

(b) a person to whom the Secretary of State delegates the function under
15subsection (2) in relation to that body.

The Secretary of State must consult the Welsh Ministers before delegating the
function under subsection (2) in relation to institutions in Wales.

(5) A delegation under subsection (4)(b) must be made by giving notice in writing
to the person to whom the delegation is made if—

(a) 20that person is Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills or Her Majesty’s Chief Inspector of Education and
Training in Wales, and the function is delegated in relation to relevant
further education bodies;

(b) that person is the Higher Education Funding Council for England or
25the Higher Education Funding Council for Wales, and the function is
delegated in relation to relevant higher education bodies.

(6) Otherwise, a delegation under subsection (4)(b) must be made by regulations.

(7) The Secretary of State must publish any notice given under subsection (5).

(8) Regulations under subsection (6) are to be made by statutory instrument; and
30any such instrument is subject to annulment in pursuance of a resolution of
either House of Parliament.

(9) In this section—

(a) “institution in England” means an institution whose activities are
carried on, or principally carried on, in England, and includes the Open
35University;

(b) “institution in Wales” means an institution whose activities are carried
on, or principally carried on, in Wales.

31 Power to give directions: section 30

(1) Where the Secretary of State is satisfied that a relevant further education body
40or a relevant higher education body has failed to comply with a requirement
under section 30(1), the Secretary of State may give directions to the body for
the purpose of enforcing compliance.

(2) A direction under this section may be enforced, on an application made on
behalf of the Secretary of State, by a mandatory order.

(3) The Secretary of State must consult the Welsh Ministers before giving
directions under subsection (1) in relation to institutions in Wales.

(4) In this section “relevant further education body”, “relevant higher education
body” and “institution in Wales” have the same meaning as in section 30.

32 5Enforcement

A failure in respect of a performance of a duty imposed by or under this
Chapter does not confer a cause of action at private law.

33 Chapter 1: interpretation

(1) This section applies for the purposes of this Chapter.

(2) 10“Terrorism” has the same meaning as in the Terrorism Act 2000 (see section
1(1) to (4) of that Act).

(3) “Welsh authority” means a person or body that has any function which—

(a) is exercisable in or as regards Wales, and

(b) is a devolved Welsh function.

(4) 15A function is a “devolved Welsh function” if it relates to—

(a) a matter in respect of which functions are exercisable by the Welsh
Ministers, the First Minister for Wales or the Counsel General to the
Welsh Assembly Government, or

(b) a matter within the legislative competence of the National Assembly for
20Wales.

(5) “Scottish authority” means a person or body that has any devolved Scottish
function.

(6) A function is a “devolved Scottish function” if—

(a) it is exercisable in or as regards Scotland, and

(b) 25it does not relate to reserved matters (within the meaning of the
Scotland Act 1998).

CHAPTER 2 Support etc for people vulnerable to being drawn into terrorism

34 Assessment and support: local panels

(1) Each local authority must ensure that a panel of persons is in place for its
30area—

(a) with the function of assessing the extent to which identified individuals
are vulnerable to being drawn into terrorism, and

(b) with the other functions mentioned in subsection (4).

(2) “Identified individual”, in relation to a panel, means an individual who is
35referred to the panel by a chief officer of police for an assessment of the kind
mentioned in subsection (1)(a).

(3) A chief officer of police may refer an individual to a panel only if there are
reasonable grounds to believe that the individual is vulnerable to being drawn
into terrorism.

(4) The functions of a panel referred to in subsection (1)(b) are—

(a) 5to prepare a plan in respect of identified individuals whom the panel
considers should be offered support for the purpose of reducing their
vulnerability to being drawn into terrorism;

(b) if the necessary consent is given, to make arrangements for support to
be provided to those individuals in accordance with their support plan;

(c) 10to keep under review the giving of support to an identified individual
under a support plan;

(d) to revise a support plan, or withdraw support under a plan, if at any
time the panel considers it appropriate;

(e) to carry out further assessments, after such periods as the panel
15considers appropriate, of an individual’s vulnerability to being drawn
into terrorism in cases where—

(i) the necessary consent is refused or withdrawn to the giving of
support under a support plan, or

(ii) the panel has determined that support under a plan should be
20withdrawn;

(f) to prepare a further support plan in such cases if the panel considers it
appropriate.

(5) A support plan must include the following information—

(a) how, when and by whom a request for the necessary consent is to be
25made;

(b) the nature of the support to be provided to the identified individual;

(c) the persons who are to be responsible for providing it;

(d) how and when such support is to be provided.

(6) Where in the carrying out of its functions under this section a panel determines
30that support should not be given to an individual under a support plan, the
panel—

(a) must consider whether the individual ought to be referred to a provider
of any health or social care services, and

(b) if so, must make such arrangements as the panel considers appropriate
35for the purpose of referring the individual.

(7) In exercising its functions under this section a panel must have regard to any
guidance given by the Secretary of State about the exercise of those functions.

(8) Before issuing guidance under subsection (7) the Secretary of State must
(whether before or after this Act is passed) consult—

(a) 40the Welsh Ministers so far as the guidance relates to panels in Wales;

(b) the Scottish Ministers so far as the guidance relates to panels in
Scotland;

(c) any person whom the Secretary of State considers appropriate.

35 Membership and proceedings of panels

(1) 45The members of a panel must include—

(a) the responsible local authority;

(b) the chief officer of police for a police area the whole or any part of which
is in the area of that authority.

(2) Each of those members must appoint a person to represent them on the panel;
and the representative must be a person whom the member concerned
5considers to have the required skills and experience.

(3) Where more than one chief officer of police comes within subsection (1)(b), a
person may represent more than one of the chief officers; but at any meeting of
the panel at which an identified individual is to be discussed there must be a
person present from the police force for the area in which the individual
10resides to act as the representative.

(4) A panel may also include such other persons as the responsible local authority
considers appropriate (whether generally or in the case of a particular
identified individual).

(5) The chair of a panel is the responsible local authority; but where more than one
15local authority is the responsible local authority, the authorities may determine
that one (or more) of them is to be the chair.

(6) If a panel cannot reach a unanimous decision on a question arising before it, the
question must be decided—

(a) according to the opinion of the majority of the panel, or

(b) 20if there is no majority opinion, by the chair.

(7) Subject to subsection (6), a panel may determine its own procedure.

36 Co-operation

(1) The partners of a panel must, so far as appropriate and reasonably practicable,
act in co-operation with—

(a) 25the panel in the carrying out of its functions;

(b) the police in the carrying out of their functions in connection with
section 34.

(2) The partners of a panel are the persons and bodies specified in Schedule 7.

(3) The duty of a partner of a panel to act in co-operation with the panel—

(a) 30includes the giving of information (subject to subsection (4));

(b) extends only so far as the co-operation is compatible with the exercise
of the partner’s functions under any other enactment or rule of law.

(4) Nothing in this section requires or authorises the making of—

(a) a disclosure that would contravene the Data Protection Act 1998;

(b) 35a disclosure of any sensitive information.

(5) “Sensitive information” means information—

(a) held by an intelligence service,

(b) obtained (directly or indirectly) from, or held on behalf of, an
intelligence service,

(c) 40derived in whole or part from information obtained (directly or
indirectly) from, or held on behalf of, an intelligence service, or

(d) relating to an intelligence service.

(6) In carrying out the duty imposed by subsection (1), partners of a panel must
have regard to any guidance given by the Secretary of State about the carrying
out of that duty.

(7) Before issuing guidance under subsection (6) the Secretary of State must
5(whether before or after this Act is passed) consult—

(a) the Welsh Ministers so far as the guidance relates to panels in Wales;

(b) the Scottish Ministers so far as the guidance relates to panels in
Scotland;

(c) any person whom the Secretary of State considers appropriate.

(8) 10The reference in subsection (1)(b) to functions of the police in connection with
section 34 includes, in particular, a chief officer’s function of determining
whether an individual should be referred to a panel for the carrying out of an
assessment of the kind mentioned in subsection (1)(a) of that section.

37 Power to amend Chapter 2

(1) 15The Secretary of State may by regulations made by statutory instrument
amend—

(a) the definition of “local authority” in section 39;

(b) Schedule 7.

(2) The Secretary of State must consult the Welsh Ministers before making
20regulations under subsection (1) that—

(a) add a Welsh authority to Schedule 7, or

(b) amend or remove an entry in that Schedule relating to a Welsh
authority.

(3) The Secretary of State must consult the Scottish Ministers before making
25regulations under subsection (1) that—

(a) add a description of authority in Scotland to the definition of “local
authority”,

(b) add a Scottish authority to Schedule 7, or

(c) amend or remove an entry in that Schedule relating to a Scottish
30authority.

(4) Regulations under this section may amend this Chapter so as to make
consequential or supplemental provision.

(5) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before each House of
35Parliament and approved by a resolution of each House.

(6) Subsection (5) does not apply to a statutory instrument containing regulations
that only make provision for—

(a) the omission of an entry in Schedule 7 where the body concerned has
ceased to exist, or

(b) 40the variation of an entry in consequence of a change of name or transfer
of functions.

(7) A statutory instrument that falls within subsection (6) is subject to annulment
in pursuance of a resolution of either House of Parliament.

(8) In this section, “Welsh authority” and “Scottish authority” have the same
45meaning as in Chapter 1.

38 Indemnification

(1) The Secretary of State may agree to indemnify a support provider against any
costs and expenses that the provider reasonably incurs in connection with any
decision or action taken by the provider in good faith in carrying out functions
5as a provider.

(2) The agreement may be made in whatever manner, and on whatever terms, the
Secretary of State considers appropriate.

(3) In this section “support provider” means a person who provides support under
a support plan.

39 10Chapter 2: interpretation

(1) In this Chapter—