SCHEDULE 4 continued
Counter-Terrorism and Security BillPage 50
(5)
An appeal under this Schedule to the Crown Court or to the county court in
Northern Ireland against a summary conviction—
(a) may be brought irrespective of whether the appellant pleaded guilty;
(b)
may be brought irrespective of whether the appellant has previously
5appealed against the conviction or made an application in respect of
the conviction under section 111 of the Magistrates’ Courts Act 1980
or Article 146 of the Magistrates’ Courts (Northern Ireland) Order
1981 (SI 1981/1675 (N.I. 26)SI 1981/1675 (N.I. 26)) (case stated);
(c)
may not be brought after the end of the period of 21 days beginning
10with the day on which the right of appeal arises by virtue of
paragraph 3; and
(d)
is to be treated as an appeal under section 108(1)(b) of that Act or, in
Northern Ireland, under Article 140(1)(b) of that Order.
Section 24
1
(1)
Schedule 2 to the Immigration Act 1971 (administrative provisions as to
20control on entry etc) is amended as follows.
(2)
In paragraph 27 (requirement to provide passenger lists etc), in sub-
paragraph (5), after paragraph (b) insert—
“(ba)
may require a responsible person to be able to receive, in a
specified form and manner, communications sent by the
25Secretary of State or an immigration officer relating to the
information,”.
(3)
In paragraph 27B (passenger information or service information), after sub-
paragraph (8) insert—
“(8A)
The officer may require a carrier to be able to receive
30communications from the officer in such form and manner as the
Secretary of State may direct.”
(4) After paragraph 27B insert—
“27BA
(1)
The Secretary of State may make regulations requiring
responsible persons in respect of ships or aircraft—
(a)
35which have arrived, or are expected to arrive, in the United
Kingdom, or
(b)
which have left, or are expected to leave, the United
Kingdom,
to supply information to the Secretary of State or an immigration
40officer.
(2)
The following information may be required under sub-paragraph
(1)—
Counter-Terrorism and Security BillPage 51
(a) information about the persons on board;
(b) information about the voyage or flight.
(3) The regulations must—
(a)
specify or describe the classes of ships or aircraft to which
5they apply;
(b) specify the information required to be supplied;
(c)
specify the time by which the information must be
supplied;
(d)
specify the form and manner in which the information
10must be supplied.
(4)
The regulations may require responsible persons to be able to
receive, in a specified form and manner, communications sent by
the Secretary of State or an immigration officer relating to the
information.
(5)
15For the purposes of this paragraph, the following are responsible
persons in respect of a ship or aircraft—
(a) the owner or agent, and
(b) the captain.
(6)
Regulations under this paragraph may make different provision
20for different purposes, and in particular may make different
provision for different types of carrier, journey or person on
board.
(7)
The power to make regulations under this paragraph is
exercisable by statutory instrument; but no regulations under this
25paragraph are to be made unless a draft of the regulations has
been laid before Parliament and approved by a resolution of each
House.
27BB
(1)
The Secretary of State may make regulations imposing penalties
for failure to comply with—
(a)
30an order under paragraph 27(2) (order requiring passenger
list or particulars of member of crew),
(b)
any request or requirement under paragraph 27B
(passenger and service information), or
(c)
regulations under paragraph 27BA (passenger, crew and
35service information).
(2)
Regulations under sub-paragraph (1) may in particular make
provision—
(a) about how a penalty is to be calculated;
(b) about the procedure for imposing a penalty;
(c) 40about 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.
(3)
45Provision in the regulations about the procedure for imposing a
penalty must provide for a person to be given an opportunity to
Counter-Terrorism and Security BillPage 52
object to a proposed penalty in the circumstances set out in the
regulations.
(4)
The regulations must provide that no penalty may be imposed on
a person for failure to comply with an order under paragraph
527(2), a request or requirement under paragraph 27B or
regulations under paragraph 27BA where—
(a)
proceedings have been instituted against the person under
section 27 in respect of the same failure; or
(b)
the failure consists of a failure to provide information that
10the person has also been required to provide under section
32 or 32A of the Immigration, 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
15virtue of regulations made under section 32B of
that Act, or
(ii)
proceedings have been instituted against the
person under section 34 of that Act in respect of a
failure to provide that information; or
(c)
20the failure consists of a failure to provide information that
the person has also been required to provide under an
authority-to-carry scheme made under section 22 of the
Counter-Terrorism and Security Act 2015 and a penalty
has been imposed on the person in respect of a failure to
25provide that information by virtue of regulations made
under section 23 of that Act.
(5)
Any penalty paid by virtue of this paragraph must be paid into the
Consolidated Fund.
(6)
The power to make regulations under this paragraph is
30exercisable by statutory instrument; but no regulations under this
paragraph are to be made unless a draft of the regulations has
been laid before Parliament and approved by a resolution of each
House.”
(5) Omit paragraph 27C (notification of non-EEA arrivals).
2
35In section 27 of that Act (offences by persons connected with ships or aircraft
or with ports)—
(a) the existing provision becomes subsection (1);
(b) at the end insert—
“(2)
Proceedings may not be instituted against a person under
40subsection (1)(a)(i) or (1)(b)(iv) for a failure to provide
information or otherwise to comply with a requirement
imposed under paragraph 27, 27B or 27BA of Schedule 2
where—
(a)
the person has paid a penalty in respect of the same
45failure, or a failure to provide the same information,
by virtue of regulations made under—
(i) paragraph 27BB of Schedule 2,
(ii)
section 32B of the Immigration, Asylum and
Nationality Act 2006, or
Counter-Terrorism and Security BillPage 53
(iii)
section 23 of the Counter-Terrorism and
Security Act 2015 (penalty for breach of
authority-to-carry scheme); or
(b)
proceedings have been instituted against the person
5under section 34 of the Immigration, Asylum and
Nationality Act 2006 in respect of a failure to provide
the same information.”
3 Omit section 19 of the Immigration and Asylum Act 1999.
4
10In Schedule 7 to the Terrorism Act 2000 (port and border controls), in
paragraph 17 (provision of passenger information), in sub-paragraph (6), for
“or 27B” substitute “, 27B or 27BA”.
5
The Immigration, Asylum and Nationality Act 2006 is amended as set out in
15paragraphs 6 to 8.
6
In section 32 (passenger and crew information: police powers), at the end of
subsection (6) insert—
“(e)
may include a requirement for the owner or agent of a ship or
aircraft to be able to receive, in a specified form and manner,
20communications relating to the information.”
7 After that section insert—
(1)
The Secretary of State may make regulations requiring responsible
persons in relation to ships or aircraft—
(a)
25which have arrived, or are expected to arrive, in the United
Kingdom, or
(b)
which have left, or are expected to leave, the United
Kingdom,
to provide information to the police.
(2) 30The following information may be required under subsection (1)—
(a) information about the persons on board;
(b) information about the voyage or flight.
(3)
Regulations may impose a requirement to provide the information
only if the Secretary of State thinks it necessary—
(a)
35in the case of a requirement to provide information to the
police in England and Wales, for police purposes;
(b)
in the case of a requirement to provide information to the
police in Scotland, for police purposes which are or relate to
reserved matters (within the meaning of the Scotland Act
401998);
(c)
in the case of a requirement to provide information to the
police in Northern Ireland, for police purposes which are or
relate to excepted or reserved matters (within the meaning of
the Northern Ireland Act 1998).
Counter-Terrorism and Security BillPage 54
In this subsection “police purposes” has the same meaning as in
section 32.
(4) The regulations must—
(a)
specify or describe the classes of ships or aircraft to which
5they apply;
(b) specify the information required to be provided;
(c) specify the time by which the information must be provided;
(d)
specify the form and manner in which the information must
be provided.
(5)
10The regulations may require responsible persons to be able to
receive, in a specified form and manner, communications sent by the
police, the Secretary of State or an immigration officer relating to the
information.
(6) Regulations under this section—
(a)
15may apply generally or only to specified cases or
circumstances,
(b)
may make different provision for different cases or
circumstances,
(c) shall be made by statutory instrument, and
(d)
20may not be made unless a draft has been laid before and
approved by resolution of each House of Parliament.
(7)
For the purposes of this section, the following are responsible
persons in respect of a ship or aircraft—
(a) the owner or agent, and
(b) 25the captain.
(1)
The Secretary of State may make regulations imposing penalties for
failure to comply with a requirement imposed—
(a)
under section 32(2) (provision of passenger, crew or service
30information), or
(b)
by regulations made under section 32A (regulations
requiring information to be provided to police).
(2)
Regulations under subsection (1) may in particular make
provision—
(a) 35about how a penalty is to be calculated;
(b) about 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
40purposes.
(3)
Provision in the regulations about the procedure for imposing a
penalty must provide for a person to be given an opportunity to
object to a proposed penalty in the circumstances set out in the
regulations.
Counter-Terrorism and Security BillPage 55
(4)
The regulations must provide that no penalty may be imposed on a
person for failure to comply with a requirement imposed under
section 32(2) or by regulations made under section 32A where—
(a)
proceedings have been instituted against the person under
5section 34 in respect of the same failure, or
(b)
the failure consists of a failure to provide information that the
person has also been required to provide under paragraph
27, 27B or 27BA of Schedule 2 to the Immigration Act 1971
and—
(i)
10a 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 that
Schedule, or
(ii)
proceedings have been instituted against the person
15under section 27 of that Act in respect of a failure to
provide that information, or
(c)
the failure consists of a failure to provide information that the
person has also been required to provide under an authority-
to-carry scheme made under section 22 of the Counter-
20Terrorism and Security Act 2015 and a penalty has been
imposed on the person in respect of a failure to provide that
information by virtue of regulations made under section 23 of
that Act.
(5)
Any penalty paid by virtue of this section must be paid into the
25Consolidated Fund.
(6) Regulations under this section—
(a) must be made by statutory instrument, and
(b)
may not be made unless a draft has been laid before and
approved by resolution of each House of Parliament.”
8
(1)
30Section 34 (offence of failure to provide passenger information etc) is
amended as follows.
(2)
In subsection (1), for “imposed under section 32(2) or (3) or 33(2)” substitute
“imposed—
“(a) under section 32(2) or (3) or 33(2), or
(b) 35by regulations made under section 32A”.
(3) After subsection (1) insert—
“(1A)
Proceedings may not be instituted against a person under subsection
(1) for a failure to comply with a requirement imposed under section
32(2) or by regulations made under section 32A where—
(a)
40the person has paid a penalty in respect of the same failure,
or a failure to provide the same information, by virtue of
regulations made under—
(i) section 32B,
(ii)
paragraph 27BB of Schedule 2 to the Immigration Act
451971, or
(iii)
section 23 of the Counter-Terrorism and Security Act
2015 (penalty for breach of authority-to-carry
scheme); or
Counter-Terrorism and Security BillPage 56
(b)
proceedings have been instituted against the person under
section 27 of the Immigration Act 1971 in respect of a failure
to provide the same information.”
(4) In subsection (2), at the end insert “, and
(c)
5where a person fails without reasonable excuse to comply
with a requirement imposed by regulations made under
section 32A to provide information to the police in England
and Wales—
(i)
if the required information does not relate to a
10reserved matter (within the meaning of the Scotland
Act 1998), the person shall not be treated as having
committed the offence in Scotland (but has
committed the offence in England and Wales);
(ii)
if the required information does not relate to an
15excepted or reserved matter (within the meaning of
the Northern Ireland Act 1998), the person shall not
be treated as having committed the offence in
Northern Ireland (but has committed the offence in
England and Wales).”
9 (1) The Aviation Security Act 1982 is amended as follows.
(2) In section 11 (power to require information)—
(a)
25in subsection (2), for the words from “a date” to “before” substitute
“a period before the end of”;
(b)
in subsection (4) omit “(not being less than seven days from the date
on which the change of circumstances occurs)”.
(3)
In section 12 (power to impose restrictions in relation to aircraft), in
30subsection (1)(b), for “fly unless such searches of the aircraft” substitute “fly
in or into the United Kingdom unless such searches (of persons or property
or of the aircraft itself)”.
(4)
In section 16 (limitations on scope of directions under sections 12 to 14), in
subsection (5), for paragraph (a) (including the word “and” at the end)
35substitute—
“(a) it shall have effect only in relation to—
(i) aircraft registered in the United Kingdom, or
(ii)
a requirement not to cause or permit an aircraft to fly
in or into the United Kingdom unless certain things
40have, or have not, been done, and”.
(5) In section 24 (service of documents)—
(a) at the end of subsection (2) insert “, or
(f)
in the case of a person who is required by regulations
to be able to accept service electronically in a manner
45and form specified in the regulations, in that manner
and form.”;
Counter-Terrorism and Security BillPage 57
(b) after subsection (9) insert—
“(10) Regulations under this section—
(a) may make different provision for different cases,
(b)
may include incidental, supplemental or transitional
5provision,
(c)
shall be made by the Secretary of State by statutory
instrument, and
(d)
shall be subject to annulment in pursuance of a
resolution of either House of Parliament.”
(6)
10In section 38(1) (interpretation), in paragraph (b) of the definition of “aircraft
registered or operating in the United Kingdom”, for the words from “flights”
to “aerodromes” substitute “a flight any part of which is”.
10
In consequence of the amendments made by paragraph 9(2), in Schedule 1
to the Aviation and Maritime Security Act 1990 (amendments of the
15Aviation Security Act 1982) omit paragraph 2(3) and (5).
11
(1)
Part 2 of the Aviation Security Act 1982 (protection of aircraft etc against acts
of violence) is amended as follows.
(2) After section 22 insert—
(1)
The Secretary of State may make regulations imposing penalties
for—
(a)
failure to comply with a requirement imposed by a notice
25under section 11 (notice requiring information);
(b)
making a false statement in furnishing information required
by a notice under that section;
(c)
failure to comply with a direction under any of sections 12 to
14.
(2)
30Regulations under subsection (1) may in particular make
provision—
(a) about how a penalty is to be calculated;
(b) about the procedure for imposing a penalty;
(c) about the enforcement of penalties;
(d) 35allowing for an appeal against a decision to impose a penalty;
and the regulations may make different provision for different
purposes.
(3)
Provision in the regulations about the procedure for imposing a
penalty must provide for a person to be given an opportunity to
40object to a proposed penalty in the circumstances set out in the
regulations.
(4)
The regulations must provide that no penalty may be imposed on a
person for failure to comply with the requirements of a notice under
section 11, or for making a false statement in furnishing information
45required by such a notice, where proceedings have been instituted
Counter-Terrorism and Security BillPage 58
against the person for an offence under section 11(5) in respect of the
same failure or false statement.
(5)
The regulations must provide that no penalty may be imposed on a
person for failure to comply with a direction under any of sections 12
5to 14 where proceedings have been instituted against the person for
an offence under any of those sections in respect of the same failure.
(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
10instrument; and any such 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.”
(3) In section 11 (power to require information), after subsection (5) insert—
“(5A)
Proceedings for an offence under subsection (5) above may not be
15instituted against a person who has paid a penalty in respect of the
same failure, or the same false statement, by virtue of regulations
made under section 22A.”
(4)
In section 12 (power to impose restrictions in relation to aircraft), after
subsection (9) insert—
“(9A)
20Proceedings for an offence under subsection (9) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.”
(5)
In section 13 (power to require aerodrome managers to promote searches at
aerodromes), after subsection (4) insert—
“(4ZA)
25Proceedings for an offence under subsection (4) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.”
(6)
In section 13A (power to require other persons to promote searches), after
subsection (3) insert—
“(3A)
30Proceedings for an offence under subsection (3) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.”
(7)
In section 14 (general power to direct measures for purposes of protecting
aircraft etc against acts of violence), after subsection (7) insert—
“(7ZA)
35Proceedings for an offence under subsection (7)(a) above may not be
instituted against a person who has paid a penalty in respect of the
same failure by virtue of regulations made under section 22A.”
12
(1)
Part 3 of the Aviation and Maritime Security Act 1990 (protection of ships
40and harbour areas against acts of violence) is amended as follows.
(2) In section 19 (power of Secretary of State to require information)—
(a)
in subsection (2), for the words from “a date” to “before” substitute
“a period before the end of”;
Counter-Terrorism and Security BillPage 59
(b)
in subsection (4), omit “(not being less than seven days from the date
on which the change of circumstances occurs)”.
(3)
In section 21 (power to impose restrictions in relation to ships), in subsection
(1)—
(a)
5in the opening words, after “is in” insert “, or appears to the Secretary
of State to be likely to enter,”;
(b)
in paragraph (b), for “go to sea unless such searches of the ship”
substitute “enter or (as the case may be) to leave a harbour area
unless such searches (of persons or property or of the ship itself)”.
(4)
10In section 26 (limitations on scope of directions under sections 21 to 24), in
subsection (5), for paragraph (a) (including the word “and” at the end)
substitute—
“(a) it shall have effect only in relation to—
(i) British ships, or
(ii)
15a requirement not to cause or permit a ship to enter a
harbour area unless certain things have, or have not,
been done, and”.
(5) In section 45 (service of documents)—
(a) at the end of subsection (2) insert “, or
(f)
20in the case of a person who is required by regulations
to be able to accept service electronically in a manner
and form specified in the regulations, in that manner
and form.”;
(b) after subsection (9) insert—
“(9A) 25Regulations under subsection (2)(f)—
(a) may make different provision for different cases,
(b)
may include incidental, supplemental or transitional
provision,
(c)
shall be made by the Secretary of State by statutory
30instrument, and
(d)
shall be subject to annulment in pursuance of a
resolution of either House of Parliament.”
13
(1)
Part 3 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570)
35(protection of channel tunnel trains and the tunnel system against acts of
violence) is amended as follows.
(2) In article 11 (powers of Secretary of State to require information)—
(a)
in paragraph (2), for the words from “a date” to “before” substitute
“a period before the end of”;
(b)
40in paragraph (4) omit “(not being less than seven days from the date
on which the change of circumstances occurs)”.
(3)
In article 13 (power to impose restrictions in relation to Channel Tunnel
trains), in paragraph (1)(b), for “unless such searches of the train” substitute
“in or into the United Kingdom unless such searches (of persons or property
45or of the train itself)”.
(4) In article 36 (service of documents)—