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

(4) The Secretary of State must consult the Scottish Ministers before giving
5directions under subsection (1) so far as relating to the devolved Scottish
functions of a Scottish authority.

31 Freedom of expression in universities etc

(1) This section applies to a specified authority if it is the proprietor or governing
body of—

(a) 10an institution that provides further education (within the meaning
given by section 2(3) of the Education Act 1996), or

(b) an institution that provides courses of higher education (within the
meaning given by section 579(1) of that Act).

(2) When carrying out the duty imposed by section 26(1), a specified authority to
15which this section applies must, if subject to the duty imposed by section 43(1)
of the Education (No. 2) Act 1986 (freedom of speech in universities etc), have
particular regard to it.

(3) In relation to specified authorities that are subject to that duty, the Secretary of
State must have particular regard to it—

(a) 20when issuing guidance under section 29;

(b) when considering whether to give directions under section 30.

32 Monitoring of performance: further and higher education bodies

(1) In this section—

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

• 25“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 26(1), and

  (b)

  is subject to that duty because it is an institution at which more
  than 250 students are undertaking courses in preparation for
  30examinations related to qualifications regulated by the Office of
  Qualifications and Examinations Regulation or the Welsh
  Government;

• “relevant higher education body” means the governing body or
  proprietor of an institution in England or Wales that is subject to the
  35duty imposed by section 26(1) because it is—

  (a)

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

  (b)

  an institution at which more than 250 students are undertaking
  courses of a description mentioned in Schedule 6 to the
  40Education Reform Act 1988 (higher education courses).

(2) A relevant further education body or relevant higher education body must
give 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 26(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
body in question to ensure that it discharges the duty imposed by section 26(1).

(4) The “monitoring authority” for a relevant further education body or a relevant
5higher education body is—

(a) the Secretary of State, or

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

The Secretary of State must consult the Welsh Ministers before delegating the
10function 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) that person is Her Majesty’s Chief Inspector of Education, Children’s
Services and Skills or Her Majesty’s Chief Inspector of Education and
15Training 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
the Higher Education Funding Council for Wales, and the function is
delegated in relation to relevant higher education bodies.

(6) 20Otherwise, 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
any such instrument is subject to annulment in pursuance of a resolution of
either House of Parliament.

(9) 25In this section—

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

(b) “institution in Wales” means an institution whose activities are carried
30on, or principally carried on, in Wales.

33 Power to give directions: section 32

(1) Where the Secretary of State is satisfied that a relevant further education body
or a relevant higher education body has failed to comply with a requirement
under section 32(1), the Secretary of State may give directions to the body for
35the 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) 40In this section “relevant further education body”, “relevant higher education
body” and “institution in Wales” have the same meaning as in section 32.

34 Enforcement

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.

35 Chapter 1: interpretation

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

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

(3) 5“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) A function is a “devolved Welsh function” if it relates to—

(a) a matter in respect of which functions are exercisable by the Welsh
10Ministers, the First Minister for Wales or the Counsel General to the
Welsh Government, or

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

(5) “Scottish authority” means a person or body that has any devolved Scottish
15function.

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

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

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

CHAPTER 2 20Support etc for people vulnerable to being drawn into terrorism

36 Assessment and support: local panels

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

(a) with the function of assessing the extent to which identified individuals
25are 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
referred to the panel by a chief officer of police for an assessment of the kind
mentioned in subsection (1)(a).

(3) 30A 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) to prepare a plan in respect of identified individuals whom the panel
35considers 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) to keep under review the giving of support to an identified individual
40under 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
considers appropriate, of an individual’s vulnerability to being drawn
5into 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
withdrawn;

(f) 10to 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
made;

(b) 15the 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
that support should not be given to an individual under a support plan, the
20panel—

(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
for the purpose of referring the individual.

(7) 25In 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) the Welsh Ministers so far as the guidance relates to panels in Wales;

(b) 30the Scottish Ministers so far as the guidance relates to panels in
Scotland;

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

37 Membership and proceedings of panels

(1) The members of a panel must include—

(a) 35the 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
40considers 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
45resides 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
5local 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) 10if there is no majority opinion, by the chair.

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

38 Co-operation

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

(a) 15the panel in the carrying out of its functions;

(b) the police in the carrying out of their functions in connection with
section 36.

(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) 20includes 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) 25a 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) 30derived 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
35out of that duty.

(7) Before issuing guidance under subsection (6) 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 panels in Wales;

(b) the Scottish Ministers so far as the guidance relates to panels in
40Scotland;

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

(8) The reference in subsection (1)(b) to functions of the police in connection with
section 36 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.

39 Power to amend Chapter 2

(1) The Secretary of State may by regulations made by statutory instrument
5amend—

(a) the definition of “local authority” in section 41;

(b) Schedule 7.

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

(a) 10add 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
regulations under subsection (1) that—

(a) 15add 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
authority.

(4) 20Regulations 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
Parliament and approved by a resolution of each House.

(6) 25Subsection (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) the variation of an entry in consequence of a change of name or transfer
30of 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
meaning as in Chapter 1.

40 35Indemnification

(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
as a provider.

(2) 40The 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.

41 Chapter 2: interpretation

(1) In this Chapter—

• “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
  5Care Act 2008;

• “identified individual” has the meaning given in section 36(2);

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  10the Government Communications Headquarters, or

  (d)

  any 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)

  15a district council in England, other than a council for a district
  in 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)

  20the Council of the Isles of Scilly;

  (f)

  a 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
  25parent or guardian;

• “panel” means a panel of persons in place under the duty imposed by
  section 36(1);

• “responsible local authority”, in relation to a panel, means the local
  authority responsible for ensuring that the panel is in place under the
  30duty imposed by section 36(1);

• “support plan” means a plan prepared by a panel in carrying out its
  functions mentioned in section 36(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) 35For the purposes of the definition of “local authority” in subsection (1), the
Inner Temple and the Middle Temple are to be taken as falling within the area
of the Common Council of the City of London.

(3) Where two or more local authorities exercise their respective duties under
section 36(1) by ensuring that a panel is in place for their combined area—

(a) 40a 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) a 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

42 Insurance against payments made in response to terrorist demands

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

“17A 5Insurance 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) the payment is made in respect of any money or other property
10that 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
the money or other property has been, or is to be, handed over
15in 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) a director, manager, secretary or other similar officer of the
20body 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) The reference in subsection (2) to a director, in relation to a body
25corporate 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
of, or to be attributable to any neglect on the part of—

(a) 30a 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) In this section “insurance contract” means a contract under which one
35party 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
(5) insert—

“(5A) 40Where 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) The 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) The section inserted by subsection (1) does not apply to a payment made in
5respect of money or other property handed over before 27 November 2014.

43 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
to the power in that paragraph.

10Part 7 Miscellaneous and general

Miscellaneous

44 Reviews of operation of Part 1 etc

(1) The person appointed under section 36(1) of the Terrorism Act 2006 (“the
15independent reviewer”) is also responsible for reviewing the operation of the
provisions listed in subsection (2).

(2) The provisions are—

(a) Part 1 of the Anti-Terrorism, Crime and Security Act 2001;

(b) Part 2 of that Act as it applies in cases where a use or threat of the action
20referred to in section 4(2) of that Act would constitute terrorism;

(c) the Counter-Terrorism Act 2008;

(d) Part 1 of this Act.

(3) In each calendar year the independent reviewer must, by 31 January, inform
the Secretary of State and the Treasury what (if any) reviews under this section
25the reviewer intends to carry out in that year.

Those reviews must be completed during that year or as soon as reasonably
practicable after the end of it.

(4) The independent reviewer must send to the Secretary of State a report on the
outcome of each review as soon as reasonably practicable after the review is
30completed.

(5) On receiving a report under subsection (4), the Secretary of State must lay a
copy of it before Parliament.

(6) The expenses and allowances that may be paid under section 36(6) of the
Terrorism Act 2006 include expenses and allowances in respect of functions
35under this section.

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

45 Reviews of operation of other terrorism legislation

(1) In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a) in subsection (2), for “carry out a review of those provisions and,”
substitute “carry out—

(a) a review of the provisions of the Terrorism Act 2000, and

(b) a review of the provisions of Part 1 of this Act,

5and,”;

(b) in subsection (4), for “subsection (2)” substitute “subsection (2)(a)”;

(c) after subsection (4B) insert—

“(4C) In each calendar year the person appointed under subsection (1)
must, by 31 January, inform the Secretary of State what (if any)
10reviews under subsection (2)(b) the person intends to carry out
in that year.

Those reviews must be completed during that year or as soon as
reasonably practicable after the end of it.”

(2) In section 31 of the Terrorist Asset-Freezing etc. Act 2010 (independent review
15of operation of Part 1 of that Act), for subsection (2) substitute—

“(2) In each calendar year the person appointed under subsection (1) must,
by 31 January, inform the Treasury what (if any) reviews under this
section the person intends to carry out in that year.

Those reviews must be completed during that year or as soon as
20reasonably practicable after the end of it.”

(3) In section 20 of the Terrorism Prevention and Investigation Measures Act 2011
(reviews of the operation of that Act)—

(a) for subsections (2) and (3) substitute—

“(2) In each calendar year the independent reviewer must, by 31
25January, inform the Secretary of State what (if any) reviews
under this section the reviewer intends to carry out in that year.

Those reviews must be completed during that year or as soon as
reasonably practicable after the end of it.”;

(b) omit subsections (7) to (9).

46 30Privacy and Civil Liberties Board

(1) The 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) 35section 31(1) of the Terrorist Asset-Freezing etc. Act 2010, and

(c) section 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) 40Regulations under this section may include provision about—

(a) the membership of the board;

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

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

(d) the appointment of staff, their terms and conditions of employment
45and their pensions, allowances or gratuities;