Counter-Terrorism and Security Bill (HL Bill 93)

Use of advisers

8 (1) In any TEO proceedings or appeal proceedings the relevant court may if it
thinks fit—

(a) call in aid one or more advisers appointed for the purposes of this
5paragraph by the Lord Chancellor, and

(b) hear and dispose of the proceedings with the assistance of the
adviser or advisers.

(2) The Lord Chancellor may appoint advisers for the purposes of this
paragraph only with the approval of—

(a) 10the Lord President of the Court of Session, in relation to an adviser
who may be called in aid wholly or mainly in Scotland;

(b) the Lord Chief Justice of Northern Ireland, in relation to an adviser
who may be called in aid wholly or mainly in Northern Ireland;

(c) the Lord Chief Justice of England and Wales, in any other case.

(3) 15Rules of court may regulate the use of advisers in proceedings who are
called in aid under sub-paragraph (1).

(4) The Lord Chancellor may pay such remuneration, expenses and allowances
to advisers appointed for the purposes of this paragraph as the Lord
Chancellor may determine.

9 (1) 20The Lord President of the Court of Session may nominate a judge of the
Court of Session who is a member of the First or Second Division of the Inner
House of that Court to exercise the function under paragraph 8(2)(a).

(2) The Lord Chief Justice of Northern Ireland may nominate any of the
following to exercise the function under paragraph 8(2)(b)—

(a) 25the 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).

(3) The Lord Chief Justice of England and Wales may nominate a judicial office
holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to
30exercise the function under paragraph 8(2)(c).

Appointment of special advocate

10 (1) The appropriate law officer may appoint a person to represent the interests
of a party in any TEO proceedings or appeal proceedings from which the
party (and any legal representative of the party) is excluded.

(2) 35A person appointed under sub-paragraph (1) is referred to in this Schedule
as appointed as a “special advocate”.

(3) The “appropriate law officer” is—

(a) in relation to proceedings in England and Wales, the Attorney
General;

(b) 40in relation to proceedings in Scotland, the Advocate General for
Scotland;

(c) in relation to proceedings in Northern Ireland, the Advocate General
for Northern Ireland.

(4) A person appointed as a special advocate is not responsible to the party to
the proceedings whose interests the person is appointed to represent.

(5) A person may be appointed as a special advocate only if—

(a) in the case of an appointment by the Attorney General, the person
5has a general qualification for the purposes of section 71 of the
Courts and Legal Services Act 1990;

(b) in the case of an appointment by the Advocate General for Scotland,
the person is an advocate or a solicitor who has rights of audience in
the Court of Session or the High Court of Justiciary by virtue of
10section 25A of the Solicitors (Scotland) Act 1980;

(c) in the case of an appointment by the Advocate General for Northern
Ireland, the person is a member of the Bar of Northern Ireland.

Relationship with other powers to make rules of court and other proceedings

11 Nothing in this Schedule is to be read as restricting—

(a) 15the power to make rules of court or the matters to be taken into
account when doing so, or

(b) the application of sections 6 to 14 of the Justice and Security Act 2013
(closed material proceedings).

Section 12

SCHEDULE 4 20Temporary exclusion orders: appeals against convictions

Right of appeal

1 (1) An individual who has been convicted of an offence under section 10(1) or
(3) may appeal against the conviction if—

(a) a temporary exclusion order is quashed, and

(b) 25the individual could not have been convicted had the quashing
occurred before the proceedings for the offence were brought.

(2) An individual who has been convicted of an offence under section 10(3) may
appeal against the conviction if—

(a) a notice under section 9, or a permitted obligation imposed by such
30a notice, is quashed, and

(b) the individual could not have been convicted had the quashing
occurred before the proceedings for the offence were brought.

Court in which appeal to be made

2 An appeal under this Schedule is to be made—

(a) 35in the case of a conviction on indictment in England and Wales or
Northern Ireland, to the Court of Appeal;

(b) in the case of a conviction on indictment or summary conviction in
Scotland, to the High Court of Justiciary;

(c) in the case of a summary conviction in England and Wales, to the
40Crown Court; or

(d) in the case of a summary conviction in Northern Ireland, to the
county court.

When the right of appeal arises

3 (1) The right of appeal under this Schedule does not arise until there is no
further possibility of an appeal against—

(a) the decision to quash the temporary exclusion order, notice or
5permitted obligation (as the case may be), or

(b) any decision on an appeal made against that decision.

(2) In determining whether there is no further possibility of an appeal against a
decision of the kind mentioned in sub-paragraph (1), any power to extend
the time for giving notice of application for leave to appeal, or for applying
10for leave to appeal, must be ignored.

The appeal

4 (1) On an appeal under this Schedule to any court, that court must allow the
appeal and quash the conviction.

(2) An appeal under this Schedule to the Court of Appeal against a conviction
15on indictment—

(a) may be brought irrespective of whether the appellant has previously
appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning
with the day on which the right of appeal arises by virtue of
20paragraph 3; and

(c) is to be treated as an appeal under section 1 of the Criminal Appeal
Act 1968 or, in Northern Ireland, under section 1 of the Criminal
Appeal (Northern Ireland) Act 1980, but does not require leave in
either case.

(3) 25An appeal under this Schedule to the High Court of Justiciary against a
conviction on indictment—

(a) may be brought irrespective of whether the appellant has previously
appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning
30with the day on which the right of appeal arises by virtue of
paragraph 3; and

(c) is to be treated as an appeal under section 106 of the Criminal
Procedure (Scotland) Act 1995 for which leave has been granted.

(4) An appeal under this Schedule to the High Court of Justiciary against a
35summary conviction—

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether the appellant has previously
appealed against the conviction;

(c) may not be brought after the end of the period of two weeks
40beginning with the day on which the right of appeal arises by virtue
of paragraph 3;

(d) is to be by note of appeal, which shall state the ground of appeal;

(e) is to be treated as an appeal for which leave has been granted under
Part 10 of the Criminal Procedure (Scotland) Act 1995; and

(f) 45must be in accordance with such procedure as the High Court of
Justiciary may, by Act of Adjournal, determine.

(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 25

SCHEDULE 5 15Aviation, maritime and rail security

Part 1 Passenger, crew and service information

Amendments of the Immigration Act 1971

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)—

(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

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 24 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

(iii) section 24 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.”

Amendments consequential upon paragraph 1

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”.

Amendments of the Immigration, Asylum and Nationality Act 2006

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—

“32A Regulations requiring information to be provided to police

(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).

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.

32B Penalty for breach of section 32 or 32A

(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.

(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 24 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 24 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 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).”

20Part 2 Directions etc relating to aviation, shipping and rail

Amendments of the Aviation Security Act 1982: information and directions

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.”;