Counter-Terrorism and Security Bill (HL Bill 92)

  • “health or social care services” means services relating to health or social
    care within the meaning given by section 9 of the Health and Social
    Care Act 2008;

  • 15“identified individual” has the meaning given in section 34(2);

  • “intelligence service” means—

    (a)

    the Security Service,

    (b)

    the Secret Intelligence Service,

    (c)

    the Government Communications Headquarters, or

    (d)

    20any part of Her Majesty’s forces, or of the Ministry of Defence,
    which engages in intelligence activities;

  • “local authority” means—

    (a)

    a county council in England;

    (b)

    a district council in England, other than a council for a district
    25in a county for which there is a county council;

    (c)

    a London Borough Council;

    (d)

    the Common Council of the City of London in its capacity as a
    local authority;

    (e)

    the Council of the Isles of Scilly;

    (f)

    30a county council or county borough council in Wales;

  • “the necessary consent”, in relation to an identified individual, means—

    (a)

    if the individual is aged 18 years or over, his or her consent;

    (b)

    if the individual is aged under 18 years, the consent of his or her
    parent or guardian;

  • 35“panel” means a panel of persons in place under the duty imposed by
    section 34(1);

  • “responsible local authority”, in relation to a panel, means the local
    authority responsible for ensuring that the panel is in place under the
    duty imposed by section 34(1);

  • 40“support plan” means a plan prepared by a panel in carrying out its
    functions mentioned in section 34(4)(a) or (f);

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

(2) For the purposes of the definition of “local authority” in subsection (1), the
45Inner Temple and the Middle Temple are to be taken as falling within the area
of the Common Council of the City of London.

Counter-Terrorism and Security BillPage 26

(3) Where two or more local authorities exercise their respective duties under
section 34(1) by ensuring that a panel is in place for their combined area—

(a) a reference in this Chapter to the responsible local authority is to be
read as a reference to the responsible local authorities for the panel;

(b) 5a reference in this Chapter to the authority’s area is to be read as a
reference to the combined area.

Part 6 Amendments of or relating to the Terrorism Act 2000

40 Insurance against payments made in response to terrorist demands

(1) 10After section 17 of the Terrorism Act 2000 insert—

17A Insurance against payments made in response to terrorist demands

(1) The insurer under an insurance contract commits an offence if—

(a) the insurer makes a payment under the contract, or purportedly
under it,

(b) 15the payment is made in respect of any money or other property
that has been, or is to be, handed over in response to a demand
made wholly or partly for the purposes of terrorism, and

(c) the insurer or the person authorising the payment on the
insurer’s behalf knows or has reasonable cause to suspect that
20the money or other property has been, or is to be, handed over
in response to such a demand.

(2) If an offence under this section committed by a body corporate is
proved to have been committed with the consent or connivance of, or
to be attributable to any neglect on the part of—

(a) 25a director, manager, secretary or other similar officer of the
body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of the offence and
liable to be proceeded against and punished accordingly.

(3) 30The reference in subsection (2) to a director, in relation to a body
corporate whose affairs are managed by its members, is a reference to
a member of the body corporate.

(4) If an offence under this section is committed by a Scottish partnership
and is proved to have been committed with the consent or connivance
35of, or to be attributable to any neglect on the part of—

(a) a partner, or

(b) any person who was purporting to act in that capacity,

that person, as well as the partnership, is guilty of the offence and liable
to be proceeded against and punished accordingly.

(5) 40In this section “insurance contract” means a contract under which one
party accepts significant insurance risk from another party (“the
policyholder”) by agreeing to compensate the policyholder if a
specified uncertain future event adversely affects the policyholder.

(2) In section 23 of that Act (forfeiture: terrorist property offences), after subsection

Counter-Terrorism and Security BillPage 27

(5) insert—

(5A) Where a person is convicted of an offence under section 17A the court
may order the forfeiture of the amount paid under, or purportedly
under, the insurance contract.

(3) 5The section inserted by subsection (1) applies to any payment made by an
insurer on or after the day on which this Act is passed, even if made—

(a) under (or purportedly under) a contract entered into before that day, or

(b) (subject to subsection (4)) in respect of money or other property handed
over before that day.

(4) 10The section inserted by subsection (1) does not apply to a payment made in
respect of money or other property handed over before 27 November 2014.

41 Port and border controls: power to examine goods

Schedule 8 amends paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port
and border controls: power to examine goods) and other enactments relating
15to the power in that paragraph.

Part 7 Miscellaneous and general

Miscellaneous

42 Privacy and Civil Liberties Board

(1) 20The Secretary of State may by regulations made by statutory instrument
establish a body to provide advice and assistance to the persons appointed
under—

(a) section 36(1) of the Terrorism Act 2006,

(b) section 31(1) of the Terrorist Asset-Freezing etc. Act 2010, and

(c) 25section 20(1) of the Terrorism Prevention and Investigation Measures
Act 2011,

in the discharge of their functions.

(2) The body is to be known as the Privacy and Civil Liberties Board.

(3) Regulations under this section may include provision about—

(a) 30the membership of the board;

(b) the appointment of members;

(c) the payment of expenses and allowances to members;

(d) the circumstances in which a person ceases to be a member;

(e) the appointment of staff, their terms and conditions of employment
35and their pensions, allowances or gratuities;

(f) the organisation and procedure of the board;

(g) particular things that the board may or must do;

(h) the preparation and publication of reports and accounts.

(4) Regulations under this section must provide for the board to be chaired by the
40person appointed under section 36(1) of the Terrorism Act 2006.

Counter-Terrorism and Security BillPage 28

(5) Regulations under this section may contain incidental, consequential,
transitional or supplementary provision.

This includes provision amending, applying (with or without modifications),
disapplying, repealing or revoking any provision of primary legislation,
5whenever passed or made.

(6) A statutory instrument—

(a) containing the first regulations under this section, or

(b) containing any regulations under this section that amend, repeal or
revoke anything in primary legislation (whether alone or with other
10provision),

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.

(7) A statutory instrument containing regulations under this section to which
subsection (6) does not apply is subject to annulment in pursuance of a
15resolution of either House of Parliament.

(8) In this section “primary legislation” has the same meaning as in section 44.

43 Review of certain naturalisation decisions by Special Immigration Appeals
Commission

In section 2D of the Special Immigration Appeals Commission Act 1997
20(jurisdiction: review of certain naturalisation and citizenship decisions), in
subsection (1)(a)(i), after “6” insert “or 18”.

General

44 Power to make consequential provision

(1) The Secretary of State may by regulations make provision that is consequential
25on any provision of this Act.

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

(a) is exercisable by statutory instrument;

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

(c) may, in particular, be exercised by amending, repealing, revoking or
30otherwise modifying any provision made by or under primary
legislation passed before this Act or in the same Session.

(3) Before making regulations under this section the Secretary of State must—

(a) if the regulations contain provision that would fall within the
legislative competence of the Scottish Parliament if included in an Act
35of that Parliament, consult the Scottish Ministers;

(b) if the regulations contain provision that would fall within the
legislative competence of the National Assembly for Wales if included
in an Act of that Assembly, consult the Welsh Ministers;

(c) if the regulations contain provision that would fall within the
40legislative competence of the Northern Ireland Assembly if included in
an Act of that Assembly, consult the Department of Justice in Northern
Ireland.

(4) A statutory instrument containing regulations under this section that amend,
repeal or revoke anything in primary legislation (whether alone or with other

Counter-Terrorism and Security BillPage 29

provision) may be made only if a draft of the instrument has been laid before
each House of Parliament and approved by a resolution of each House.

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

(6) In this section “primary legislation” means—

(a) an Act of Parliament;

(b) an Act of the Scottish Parliament;

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

(d) 10Northern Ireland legislation.

45 Transitional provision

(1) In relation to offences committed before section 154(1) of the Criminal Justice
Act 2003 comes into force, the reference in section 10(5)(b) to 12 months is to be
read as a reference to 6 months.

(2) 15In relation to offences committed before section 85(1) of the Legal Aid,
Sentencing and Punishment of Offenders Act 2012 comes into force—

(a) the reference in section 10(5)(b) to a fine is to be read as reference to a
fine not exceeding the statutory maximum;

(b) paragraph 15(3)(b) of Schedule 1 has effect as if the words “in Scotland
20or Northern Ireland” were omitted.

(3) The amendments made by subsections (3) and (4) of section 17 apply only to
things done and offences committed after that section comes into force.

46 Financial provision

There is to be paid out of money provided by Parliament any increase
25attributable to this Act in the sums payable under any other Act out of money
so provided.

47 Extent

(1) Part 5 extends to England and Wales and Scotland.

(2) The other provisions of this Act extend to England and Wales, Scotland and
30Northern Ireland.

(3) Her Majesty may by Order in Council direct that any of the provisions of Parts
1 and 4 are to extend, with whatever modifications appear to Her Majesty to be
appropriate, to any of the Channel Islands or the Isle of Man.

(4) The power under section 39(6) of the Terrorism Act 2006 (extension to the
35Channel Islands or the Isle of Man) may be exercised in relation to any
amendments made to that Act by this Act.

(5) The power under section 31(4) of the Terrorism Prevention and Investigation
Measures Act 2011 (extension to the Isle of Man) may be exercised in relation
to any amendments made to that Act by this Act.

(6) 40The power under section 39(3) of the Aviation Security Act 1982 (extension to
the Channel Islands, Isle of Man etc) may be exercised in relation to any
amendments made to that Act by this Act.