PART 1 continued CHAPTER 2 continued
Counter-Terrorism and Security BillPage 10
(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—
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;
in the case of proceedings relating to an individual whose
15principal place of residence is in Northern Ireland, the High
Court in Northern Ireland;
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.
(1) 45In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated
Counter-Terrorism and Security BillPage 11
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);”.
(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.”
Counter-Terrorism and Security BillPage 12
(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.”
(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—
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, after paragraph 6 insert—
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.
Counter-Terrorism and Security BillPage 13
(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—
an explosive within the meaning of the Explosives
10Act 1875, or
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.”
20In Schedule 1 to the Terrorism Prevention and Investigation Measures Act
2011, after paragraph 10 insert—
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.”
(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)”.
Counter-Terrorism and Security BillPage 14
(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—
relates to an internet access service or an internet
communications service,
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
is not data which—
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
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;”.
Counter-Terrorism and Security BillPage 15
(5) Subsections (1) to (4) are repealed on 31 December 2016.
(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).
Counter-Terrorism and Security BillPage 16
(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).
(1)
An authority-to-carry scheme comes into force in accordance with regulations
made by the Secretary of State by statutory instrument.
(2)
The Secretary of State must not make regulations bringing a scheme into force
10unless—
(a)
a draft of the regulations and the scheme to which they relate have been
laid before Parliament, and
(b)
the draft regulations have been approved by a resolution of each
House.
(3)
15If the Secretary of State revises an authority-to-carry scheme, the revised
scheme comes into force in accordance with regulations made by the Secretary
of State by statutory instrument.
(4)
The Secretary of State must not make regulations bringing a revised scheme
into force unless—
(a)
20a draft of the regulations and the revised scheme to which they relate
have been laid before Parliament, and
(b)
the draft regulations have been approved by a resolution of each
House.
(5) Regulations under this section may include transitional or saving provision.
(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) must identify the authority-to-carry scheme
to which they refer.
(3) 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) allowing for an appeal against a decision to impose a penalty;
35and the regulations may make different provision for different purposes.
(4)
Provision in the regulations about the procedure for imposing a penalty must
provide 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
40breaching the requirements of an authority-to-carry scheme where—
(a)
the breach consists of a failure to provide information that the carrier
has also been required to provide under paragraph 27, 27B or 27BA of
Schedule 2 to the Immigration Act 1971 and—
Counter-Terrorism and Security BillPage 17
(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)
proceedings have been instituted against the carrier under
5section 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
Immigration, Asylum and Nationality Act 2006 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
section 32B of that Act, or
(ii)
proceedings have been instituted against the carrier under
section 34 of that Act in respect of a failure to provide that
15information.
(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
such statutory instrument may not be made unless a draft of the instrument
20has been laid before each House of Parliament and approved by a resolution of
each House.
(1) Schedule 5 makes amendments to do with aviation, maritime and rail security.
(2)
Part 1 of that Schedule makes amendments about passenger, crew and service
25information 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) the Aviation and Maritime Security Act 1990, and
(c) 30the Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570).
(1)
35A 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
particular capacity that it has, the reference in subsection (1) to the authority’s
40functions is to its functions when acting in that capacity.
Counter-Terrorism and Security BillPage 18
(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
exercising a judicial function;
(c)
5a 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
Wales.
(5)
10References to a judicial function include a reference to a judicial function
conferred on a person other than a court or tribunal.
(1)
The Secretary of State may by regulations made by statutory instrument
amend Schedule 6.
(2)
15The power under subsection (1) may not be exercised so as to extend the
application of section 26(1) to—
(a) the exercise of a function referred to in section 26(4);
(b) the House of Commons;
(c) the House of Lords;
(d) 20the Scottish Parliament;
(e)
the 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) 25the Secret Intelligence Service;
(i) the 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
30consequential or supplemental provision.
(4)
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
Parliament and approved by a resolution of each House.
(5)
Subsection (4) does not apply to a statutory instrument containing regulations
35that only make provision for—
(a)
the 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)
40A statutory instrument that falls within subsection (5) is subject to annulment
in pursuance of a resolution of either House of Parliament.
(1)
The Secretary of State must consult the Welsh Ministers before making
regulations under section 27(1) that—
Counter-Terrorism and Security BillPage 19
(a) add a Welsh authority to Schedule 6, or
(b) amend 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 27(1) that—
(a) 5add a Scottish authority to Schedule 6, or
(b) amend or remove an entry that relates to a Scottish authority.
(1)
The Secretary of State may issue guidance to specified authorities about the
exercise of their duty under section 26(1).
(2)
10A specified authority must have regard to any such guidance in carrying out
that duty.
(3) The Secretary of State—
(a) may issue separate guidance in relation to different matters;
(b)
may issue guidance to all specified authorities, to particular specified
15authorities 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)
20the 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)
Guidance issued under subsection (1) takes effect on whatever day the
Secretary of State appoints by regulations made by statutory instrument.
25A statutory instrument containing regulations under this subsection 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.
(6)
The Secretary of State may from time to time revise any guidance issued under
this section.
(7) 30Subsections (2), (3) and (5) have effect in relation to any revised guidance.
(8)
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.
(9)
The Secretary of State must publish the current version of any guidance issued
35under this section.
(1)
Where the Secretary of State is satisfied that a specified authority has failed to
discharge the duty imposed on it by section 26(1), the Secretary of State may
give directions to the authority for the purpose of enforcing the performance of
40that 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.