Counter-Terrorism and Security Bill (HL Bill 92)

Counter-Terrorism and Security BillPage 30

(7) The power under section 51(1) of the Aviation and Maritime Security Act 1990
(extension to the Channel Islands, Isle of Man etc) may be exercised in relation
to the amendments made to that Act by this Act.

(8) The power under section 9(3) of the Special Immigration Appeals Commission
5Act 1997 (extension to the Channel Islands or the Isle of Man) may be exercised
in relation to any amendments made to that Act by this Act.

48 Commencement

(1) Chapter 1 of Part 1 comes into force on the day after the day on which this Act
is passed.

(2) 10The following provisions come into force at the end of the period of two
months beginning with the day on which this Act is passed—

(a) sections 34 to 36 and 38;

(b) section 42.

(3) The following provisions come into force on whatever day or days the
15Secretary of State appoints by regulations made by statutory instrument—

(a) Part 3;

(b) section 22(10);

(c) paragraphs 12 to 14 of Schedule 5 and section 24 so far as relating to
those paragraphs;

(d) 20sections 25 and 28 to 32.

(4) Regulations under subsection (3)

(a) may make different provision for different purposes;

(b) may make transitory, transitional or saving provision.

(5) The other provisions of this Act come into force on the day on which this Act
25is passed.

49 Short title

This Act may be cited as the Counter-Terrorism and Security Act 2015.

Counter-Terrorism and Security BillPage 31

SCHEDULES

Section 1

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

Interpretation

1 (1) 5The following definitions have effect for the purposes of this Schedule.

(2) “Immigration officer” means a person who is appointed as an immigration
officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.

(3) “Customs official” means a person who is designated as a general customs
official under section 3(1) of the Borders, Citizenship and Immigration Act
102009 or as a customs revenue official under section 11(1) of that Act.

(4) “Qualified officer” means an immigration officer or customs official who is
designated by the Secretary of State for the purposes of this Schedule.

(5) “Senior police officer” means a police officer of at least the rank of
superintendent.

(6) 15“Travel document” means anything that is or appears to be—

(a) a passport, or

(b) a ticket or other document that permits a person to make a journey
by any means from a place within Great Britain to a place outside
Great Britain, or from a place within Northern Ireland to a place
20outside the United Kingdom.

(7) “Passport” means—

(a) a United Kingdom passport (within the meaning of the Immigration
Act 1971),

(b) a passport issued by or on behalf of the authorities of a country or
25territory outside the United Kingdom, or by or on behalf of an
international organisation, or

(c) a document that can be used (in some or all circumstances) instead
of a passport.

(8) “Port” means—

(a) 30an airport,

(b) a sea port,

(c) a hoverport,

(d) a heliport,

(e) a railway station where passenger trains depart for, or arrive from,
35places outside the United Kingdom, or

Counter-Terrorism and Security BillPage 32

(f) any other place at which a person is able, or attempting, to get on or
off any craft, vessel or vehicle in connection with entering or leaving
Great Britain or Northern Ireland.

(9) A place is “in the border area” if it is in Northern Ireland and is no more than
5one mile from the border between Northern Ireland and the Republic of
Ireland.

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

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

(b) 10conduct that facilitates the commission, preparation or instigation of
such 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
15known or believed by the person concerned to be involved in
conduct falling within paragraph (a).

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

(11) “Terrorism” and “terrorist” have the same meaning as in the Terrorism Act
202000 (see sections 1(1) to (4) and 40 of that Act).

(12) “Judicial authority” means—

(a) in England and Wales, a District Judge (Magistrates’ Courts) who
is—

(i) designated under paragraph 29(4)(a) of Schedule 8 to the
25Terrorism Act 2000, or

(ii) designated for the purposes of this Schedule by the Lord
Chief Justice of England and Wales;

(b) in Scotland, the sheriff;

(c) in Northern Ireland, a county court judge, or a district judge
30(magistrates’ courts) who is—

(i) designated under paragraph 29(4)(c) of Schedule 8 to the
Terrorism Act 2000, or

(ii) designated for the purposes of this Schedule by the Lord
Chief Justice of Northern Ireland.

(13) 35The Lord Chief Justice may nominate a judicial office holder (as defined in
section 109(4) of the Constitutional Reform Act 2005) to exercise his or her
functions under sub-paragraph (12)(a)(ii).

(14) The Lord Chief Justice of Northern Ireland may nominate any of the
following to exercise his or her functions under sub-paragraph (12)(c)(ii)

(a) 40the holder of one of the offices listed in Schedule 1 to the Justice
(Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(15) “The 14-day period” and “the 30-day period” have the meanings given by
paragraphs 5(2) and 8(7) respectively.

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Powers of search and seizure etc

2 (1) This paragraph applies in the case of a person at a port in Great Britain if a
constable has reasonable grounds to suspect that the person—

(a) is there with the intention of leaving Great Britain for the purpose of
5involvement in terrorism-related activity outside the United
Kingdom, or

(b) has arrived in Great Britain with the intention of leaving it soon for
that purpose.

(2) This paragraph applies in the case of a person at a port in Northern Ireland,
10or in the border area, if a constable has reasonable grounds to suspect that
the person—

(a) is there with the intention of leaving the United Kingdom for the
purpose of involvement in terrorism-related activity outside the
United Kingdom, or

(b) 15has arrived in Northern Ireland with the intention of leaving the
United Kingdom soon for that purpose.

(3) The constable may—

(a) exercise any of the powers in sub-paragraph (5) in the case of the
person, or

(b) 20direct a qualified officer to do so.

(4) A qualified officer must (if able to do so) comply with any direction given by
a constable under sub-paragraph (3)(b).

(5) The powers are—

(a) to require the person to hand over all travel documents in his or her
25possession to the constable or (as the case may be) the qualified
officer;

(b) to search for travel documents relating to the person and to take
possession of any that the constable or officer finds;

(c) to inspect any travel document relating to the person;

(d) 30to retain any travel document relating to the person that is lawfully
in the possession of the constable or officer.

(6) The power in sub-paragraph (5)(b) is a power to search—

(a) the person;

(b) anything that the person has with him or her;

(c) 35any vehicle in which the officer believes the person to have been
travelling or to be about to travel.

(7) A constable or qualified officer—

(a) may stop a person or vehicle for the purpose of exercising a power in
sub-paragraph (5)(a) or (b);

(b) 40may if necessary use reasonable force for the purpose of exercising a
power in sub-paragraph (5)(a) or (b);

(c) may authorise a person to carry out on the constable’s or officer’s
behalf a search under sub-paragraph (5)(b).

(8) A constable or qualified officer exercising a power in sub-paragraph (5)(a) or
45(b) must tell the person that—

Counter-Terrorism and Security BillPage 34

(a) the person is suspected of intending to leave Great Britain or (as the
case may be) the United Kingdom for the purpose of involvement in
terrorism-related activity outside the United Kingdom, and

(b) the constable or officer is therefore entitled under this Schedule to
5exercise the power.

(9) Where a travel document relating to the person is in the possession of an
immigration officer or customs official (whether a qualified officer or not),
the constable may direct the officer or official—

(a) to pass the document to a constable as soon as practicable, and

(b) 10in the meantime to retain it.

The officer or official must comply with any such direction.

Travel documents in possession of immigration officers or customs officials

3 (1) Where—

(a) a travel document lawfully comes into the possession of an
15immigration officer or customs official (whether a qualified officer or
not) without a power under paragraph 2 being exercised, and

(b) as soon as possible after taking possession of the document, the
officer or official asks a constable whether the constable wishes to
give a direction under paragraph 2(9) in relation to the document,

20the officer or official may retain the document until the constable tells him
or her whether or not the constable wishes to give such a direction.

(2) A request under sub-paragraph (1) must be considered as soon as possible.

Authorisation by senior police officer for retention of travel document

4 (1) Where a travel document is in the possession of a constable or qualified
25officer as a result of the exercise of a power under paragraph 2, the relevant
constable must as soon as possible either—

(a) seek authorisation from a senior police officer for the document to be
retained, or

(b) ensure that the document is returned to the person to whom it
30relates.

“The relevant constable” means the constable by whom, or on whose
direction, the power was exercised.

(2) The document may be retained while an application for authorisation is
considered.

(3) 35A constable or qualified officer retaining a travel document under sub-
paragraph (2) must tell the person to whom the document relates that—

(a) the person is suspected of intending to leave Great Britain or (as the
case may be) the United Kingdom for the purpose of involvement in
terrorism-related activity outside the United Kingdom, and

(b) 40the constable or officer is therefore entitled under this Schedule to
retain the document while the matter is considered by a senior police
officer.

This does not apply if the constable or qualified officer expects the
application for authorisation to be dealt with immediately, or if sub-
45paragraph (4) has been complied with.

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(4) An immigration officer or customs official to whom a direction is given
under paragraph 2(9) must tell the person to whom the travel document in
question relates that—

(a) the person is suspected of intending to leave Great Britain or (as the
5case may be) the United Kingdom for the purpose of involvement in
terrorism-related activity outside the United Kingdom, and

(b) a constable is therefore entitled under this Schedule to retain the
document while the matter is considered by a senior police officer.

This does not apply if the immigration officer or customs official expects the
10application for authorisation to be dealt with immediately.

(5) If an application for authorisation is granted—

(a) the travel document must be passed to a constable if it is not already
in the possession of a constable, and

(b) paragraph 5 applies.

(6) 15If an application for authorisation is refused, the travel document must be
returned to the person as soon as possible.

(7) A senior police officer may grant an application for authorisation only if
satisfied that there are reasonable grounds for the suspicion referred to in
paragraph 2(1) or (2).

(8) 20An authorisation need not be in writing.

(9) Sub-paragraphs (1)(b) and (6) are subject to paragraph 7 and to any power
or provision not in this Schedule under which the document may be
lawfully retained or otherwise dealt with.

Retention or return of documents seized

5 (1) 25Where authorisation is given under paragraph 4 for a travel document
relating to a person to be retained, it may continue to be retained—

(a) while the Secretary of State considers whether to cancel the person’s
passport,

(b) while consideration is given to charging the person with an offence,

(c) 30while consideration is given to making the person subject to any
order or measure to be made or imposed by a court, or by the
Secretary of State, for purposes connected with protecting members
of the public from a risk of terrorism, or

(d) while steps are taken to carry out any of the actions mentioned in
35paragraphs (a) to (c).

(2) But a travel document may not be retained under this Schedule after the end
of the period of 14 days beginning with the day after the document was
taken (“the 14-day period”), unless that period is extended under paragraph
8 or 11(3).

(3) 40The travel document must be returned to the person as soon as possible—

(a) once the 14-day period (or the 14-day period as extended under
paragraph 8 or 11(3)) expires;

(b) once the power in sub-paragraph (1) ceases to apply, if that happens
earlier.

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This is subject to paragraph 7 and to any power or provision not in this
Schedule under which the document may be lawfully retained or otherwise
dealt with.

(4) The constable to whom a travel document is passed under paragraph 2(9) or
54(5)(a), or who is in possession of it when authorisation is given under
paragraph 4, must explain to the person the effect of sub-paragraphs (1) to
(3).

(5) The constable must also tell the person, if he or she has not been told already
under paragraph 2(8) or 4(3) or (4), that the person is suspected of intending
10to leave Great Britain or (as the case may be) the United Kingdom for the
purpose of involvement in terrorism-related activity outside the United
Kingdom.

Review of retention of travel documents

6 (1) This paragraph applies where—

(a) 15authorisation is given under paragraph 4 for a travel document
relating to a person to be retained, and

(b) the document is still being retained by a constable at the end of the
period of 72 hours beginning when the document was taken from the
person (“the 72-hour period”).

(2) 20A police officer who is—

(a) of at least the rank of chief superintendent, and

(b) of at least as high a rank as the senior police officer who gave the
authorisation,

must carry out a review of whether the decision to give authorisation was
25flawed.

(3) The reviewing officer must—

(a) begin carrying out the review within the 72-hour period,

(b) complete the review as soon as possible, and

(c) communicate the findings of the review in writing to the relevant
30chief constable.

(4) The relevant chief constable must consider those findings and take whatever
action seems appropriate.

(5) If a power under paragraph 2 was exercised in relation to the travel
document by an immigration officer or customs official designated under
35paragraph 17, the reviewing officer must also communicate the findings of
the review in writing to the Secretary of State.

(6) In this paragraph—

  • “reviewing officer” means the officer carrying out a review under this
    paragraph;

  • 40“relevant chief constable” means—

    (a)

    (except where paragraph (b) or (c) applies) the chief officer of
    police under whose direction and control is the constable
    retaining the document;

    (b)

    the chief constable of the Police Service of Scotland, if the
    45constable retaining the document is under that chief
    constable’s direction and control;

    Counter-Terrorism and Security BillPage 37

    (c)

    the chief constable of the Police Service of Northern Ireland,
    if the constable retaining the document is under that chief
    constable’s direction and control.

Detention of document for criminal proceedings etc

7 (1) 5A requirement under paragraph 4 or 5 to return a travel document in the
possession of a constable or qualified officer does not apply while the
constable or officer has power to detain it under sub-paragraph (2).

(2) The constable or qualified officer may detain the document—

(a) while the constable or officer believes that it may be needed for use
10as evidence in criminal proceedings, or

(b) while the constable or officer believes that it may be needed in
connection with a decision by the Secretary of State whether to make
a deportation order under the Immigration Act 1971.

Extension of 14-day period by judicial authority

8 (1) 15A senior police officer may apply to a judicial authority for an extension of
the 14-day period.

(2) An application must be made before the end of the 14-day period.

(3) An application may be heard only if reasonable efforts have been made to
give to the person to whom the application relates a notice stating—

(a) 20the time when the application was made;

(b) the time and place at which it is to be heard.

(4) On an application—

(a) the judicial authority must grant an extension if satisfied that the
relevant persons have been acting diligently and expeditiously in
25relation to the matters and steps referred to in sub-paragraph (5);

(b) otherwise, the judicial authority must refuse to grant an extension.

(5) In sub-paragraph (4) “the relevant persons” means—

(a) the persons responsible for considering whichever of the matters
referred to in paragraph 5(1)(a) to (c) are under consideration, and

(b) 30the persons responsible for taking whichever of the steps referred to
in paragraph 5(1)(d) are being taken or are intended to be taken.

(6) An extension must be for a further period ending no later than the end of the
30-day period.

(7) “The 30-day period” means the period of 30 days beginning with the day
35after the document in question was taken.

9 (1) The person to whom an application under paragraph 8 relates—

(a) must be given an opportunity to make oral or written
representations to the judicial authority about the application;

(b) subject to sub-paragraph (3), is entitled to be legally represented at
40the hearing.

(2) A judicial authority must adjourn the hearing of an application to enable the
person to whom the application relates to obtain legal representation where
the person—

Counter-Terrorism and Security BillPage 38

(a) is not legally represented,

(b) is entitled to be legally represented, and

(c) wishes to be legally represented.

(3) A judicial authority may exclude any of the following persons from any part
5of the hearing—

(a) the person to whom the application relates;

(b) anyone representing that person.

10 (1) A person who has made an application under paragraph 8 may apply to the
judicial authority for an order that specified information upon which he or
10she intends to rely be withheld from—

(a) the person to whom the application relates, and

(b) anyone representing that person.

(2) A judicial authority may make an order under sub-paragraph (1) in relation
to specified information only if satisfied that there are reasonable grounds
15for believing that if the information was disclosed—

(a) evidence of an offence under any of the provisions mentioned in
section 40(1)(a) of the Terrorism Act 2000 would be interfered with
or harmed,

(b) the recovery of property obtained as a result of an offence under any
20of those provisions would be hindered,

(c) the recovery of property in respect of which a forfeiture order could
be made under section 23 or 23A of that Act would be hindered,

(d) the apprehension, prosecution or conviction of a person who is
suspected of being a terrorist would be made more difficult as a
25result of the person being alerted,

(e) the prevention of an act of terrorism would be made more difficult as
a result of a person being alerted,

(f) the gathering of information about the commission, preparation or
instigation of an act of terrorism would be interfered with,

(g) 30a person would be interfered with or physically injured, or

(h) national security would be put at risk.

(3) The judicial authority must direct that the following be excluded from the
hearing of an application under this paragraph—

(a) the person to whom the application under paragraph 8 relates;

(b) 35anyone representing that person.

11 (1) A judicial authority may adjourn the hearing of an application under
paragraph 8 only if the hearing is adjourned to a date before the expiry of the
14-day period.

(2) Sub-paragraph (1) does not apply to an adjournment under paragraph 9(2).

(3) 40If an application is adjourned under paragraph 9(2) to a date after the expiry
of 14-day period, the judicial authority must extend the period until that
date.

12 (1) If an extension is granted under paragraph 8 for a period ending before the
end of the 30-day period, one further application may be made under that
45paragraph.

Counter-Terrorism and Security BillPage 39

(2) Paragraphs 8 to 11 apply to a further application as if references to the 14-
day period were references to that period as previously extended.

Restriction on repeated use of powers

13 (1) Where—

(a) 5a power under paragraph 4 or 5 to retain a document relating to a
person is exercised, and

(b) powers under this Schedule have been exercised in the same
person’s case on two or more occasions in the previous 6 months,

this Schedule has effect with the following modifications.

(2) 10References to 14 days (in paragraph 5(2) and elsewhere) are to be read as
references to 5 days.

(3) Paragraph 8 has effect as if the following were substituted for sub-paragraph
(4)

(4) On an application, the judicial authority must grant an extension
15if satisfied that—

(a) the relevant persons have been acting diligently and
expeditiously in relation to the matters and steps referred
to in sub-paragraph (5), and

(b) there are exceptional circumstances justifying the further
20use of powers under this Schedule in relation to the same
person.

Otherwise, the judicial authority must refuse to grant an
extension.

Persons unable to leave the United Kingdom

14 (1) 25This paragraph applies where a person’s travel documents are retained
under this Schedule with the result that, for the period during which they
are so retained (“the relevant period”), the person is unable to leave the
United Kingdom.

(2) The Secretary of State may make whatever arrangements he or she thinks
30appropriate in relation to the person—

(a) during the relevant period;

(b) on the relevant period coming to an end.

(3) If at any time during the relevant period the person does not have leave to
enter or remain in the United Kingdom, the person’s presence in the United
35Kingdom at that time is nevertheless not unlawful for the purposes of the
Immigration Act 1971.

Offences

15 (1) A person who is required under paragraph 2(5)(a) to hand over all travel
documents in the person’s possession commits an offence if he or she fails
40without reasonable excuse to do so.

(2) A person who intentionally obstructs, or seeks to frustrate, a search under
paragraph 2 commits an offence.