Counter-Terrorism and Security Bill (HL Bill 93)

(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).

Amendments of the Aviation Security Act 1982: civil penalties for breach of directions

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—

“22A 20Civil penalties for failure to provide information or comply with a
direction

(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

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.”

Amendments of the Aviation and Maritime Security Act 1990: information and directions

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”;

(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.”

Amendments of the Channel Tunnel (Security) Order 1994: information and directions

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)—

(a) at the end of paragraph (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
and form specified in the regulations, in that manner
5and form.”;

(b) after paragraph (8) insert—

“(9) Regulations under paragraph (2)(f)—

(a) may make different provision for different cases,

(b) may include incidental, supplemental or transitional
10provision,

(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.”

14 15The amendments made by paragraph 13 do not affect the power to make
further subordinate legislation amending or revoking the amended
provisions.

Section 26

SCHEDULE 6 Specified authorities

20Local government

A county council or district council in England.

The Greater London Authority.

A London borough council.

The Common Council of the City of London in its capacity as a local
25authority.

The Council of the Isles of Scilly.

A county council or county borough council in Wales.

A person carrying out a function of an authority mentioned in section 1(2) of
the Local Government Act 1999 by virtue of a direction made under section
3015 of that Act.

Criminal justice

The governor of a prison in England and Wales (or, in the case of a
contracted out prison, its director).

The governor of a young offender institution or secure training centre (or, in
35the case of a contracted out young offender institution or secure training
centre, its director).

The principal of a secure college.

A provider of probation services within the meaning given by section 3(6) of
the Offender Management Act 2007.

Education, child care etc

A person who is authorised by virtue of an order made under section 70 of
the Deregulation and Contracting Out Act 1994 to exercise a function
specified in Schedule 36A to the Education Act 1996.

5A person with whom arrangements have been made for the provision of
education under section 19 of the Education Act 1996 or section 100 of the
Education and Inspections Act 2006 (cases of illness, exclusion etc).

The proprietor of—

(a) a school that has been approved under section 342 of the Education
10Act 1996,

(b) a maintained school within the meaning given by section 20(7) of the
School Standards and Framework Act 1998,

(c) a maintained nursery school within the meaning given by section
22(9) of that Act,

(d) 15an independent school registered under section 158 of the Education
Act 2002,

(e) an independent educational institution registered under section
95(1) of the Education and Skills Act 2008, or

(f) an alternative provision Academy within the meaning given by
20section 1C of the Academies Act 2010.

A person who is specified or nominated in a direction made in relation to the
exercise of a local authority’s functions given by the Secretary of State under
section 497A of the Education Act 1996 (including that section as applied by
section 50 of the Children Act 2004 or section 15 of the Childcare Act 2006).

25A person entered on a register kept by Her Majesty’s Chief Inspector of
Education, Children’s Services and Skills under Part 2 of the Care Standards
Act 2000.

The governing body of a qualifying institution within the meaning given by
section 11 of the Higher Education Act 2004.

30The provider of education or training—

(a) to which Chapter 3 of Part 8 of the Education and Inspections Act
2006 applies, and

(b) in respect of which funding is provided by, or under arrangements
made by, the Secretary of State or the Chief Executive of Skills
35Funding.

A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare
Act 2006 or under section 20 of the Children and Families (Wales) Measure
2010 (nawm 1).

A body corporate with which a local authority has entered into
40arrangements under Part 1 of the Children and Young Persons Act 2008.

A person who is specified in a direction made in relation to the exercise of a
local authority’s functions given by the Welsh Ministers under section 25 of
the School Standards and Organisation (Wales) Act 2013 (anaw 1) (including
that section as applied by section 50A of the Children Act 2004 or section 29
45of the Childcare Act 2006).

The governing body of an educational establishment maintained by a local
authority in Wales.

The governing body or proprietor of an institution (not otherwise listed) at
which more than 250 students, excluding students undertaking distance
5learning courses, are undertaking—

(a) courses in preparation for examinations related to qualifications
regulated by the Office of Qualifications and Examinations
Regulation or the Welsh Government;

(b) courses of a description mentioned in Schedule 6 to the Education
10Reform Act 1988 (higher education courses).

Health and social care

An NHS Trust established under section 25 of the National Health Service
Act 2006 or under section 18 of the National Health Service (Wales) Act 2006.

An NHS foundation trust within the meaning given by section 30 of the
15National Health Service Act 2006.

A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.

A Community Health Council in Wales.

The Board of Community Health Councils in Wales or Bwrdd Cynghorau
20Iechyd Cymuned Cymru.

Police

A chief officer of police for a police area in England and Wales.

The British Transport Police Force.

A Port Police Force established under an order made under section 14 of the
25Harbours Act 1964.

The Port Police Force established under Part 10 of the Port of London Act
1968.

A Port Police Force established under section 79 of the Harbours, Docks and
Piers Clauses Act 1847.

30The Common Council of the City of London in its capacity as a police
authority.

A police and crime commissioner established under section 1 of the Police
Reform and Social Responsibility Act 2011.

The Mayor’s Office for Policing and Crime established under section 3 of
35that Act.

The Civil Nuclear Police Authority.

Section 38

SCHEDULE 7 Partners of local panels

Ministers of the Crown and government departments

A Minister of the Crown.

5A government department other than an intelligence service.

Local government

A local authority (other than a local authority that is a member of the panel
in question).

A person carrying out a function of a local authority by virtue of a direction
10made under section 15 of the Local Government Act 1999.

Criminal justice

The governor of a prison in England and Wales (or, in the case of a
contracted out prison, its director).

The governor of a young offender institution or secure training centre (or, in
15the case of a contracted out young offender institution or secure training
centre, its director).

The principal of a secure college.

A youth offending team established under section 39 of the Crime and
Disorder Act 1998.

20A provider of probation services within the meaning given by section 3(6) of
the Offender Management Act 2007.

Education, child care etc

A sixth form college corporation within the meaning given by section 90(1)
of the Further and Higher Education Act 1992.

25The governing body of an institution within the further education sector
within the meaning given by section 91(3) of that Act.

A person who is authorised by virtue of an order made under section 70 of
the Deregulation and Contracting Out Act 1994 to exercise a function
specified in Schedule 36A to the Education Act 1996.

30A person with whom arrangements have been made for the provision of
education under section 19 of the Education Act 1996 or section 100 of the
Education and Inspections Act 2006 (cases of illness, exclusion etc).

The proprietor of—

(a) a school that has been approved under section 342 of the Education
35Act 1996,

(b) a maintained school within the meaning given by section 20(7) of the
School Standards and Framework Act 1998,

(c) a maintained nursery school within the meaning given by section
22(9) of that Act,

(d) an independent school registered under section 158 of the Education
Act 2002,

(e) an independent educational institution registered under section
95(1) of the Education and Skills Act 2008,

(f) 5a 16 to 19 Academy within the meaning given by section 1B of the
Academies Act 2010,

(g) an alternative provision Academy within the meaning given by
section 1C of that Act, or

(h) a special post-16 institution within the meaning given by section
1083(2) of the Children and Families Act 2014.

A person who is specified or nominated in a direction made in relation to the
exercise of a local authority’s functions given by the Secretary of State under
section 497A of the Education Act 1996 (including that section as applied by
section 50 of the Children Act 2004 or section 15 of the Childcare Act 2006).

15A person registered under Part 2 of the Care Standards Act 2000 in respect
of—

(a) a children’s home as defined in section 1 of that Act,

(b) a residential family centre as defined in section 4 of that Act,

(c) a fostering agency as defined in that section, or

(d) 20a holiday scheme for disabled children, within the meaning of the
Registered Holiday Schemes for Disabled Children (England)
Regulations 2013 (S.I. 2013/1394S.I. 2013/1394).

The governing body of a qualifying institution within the meaning given by
section 11 of the Higher Education Act 2004.

25A person registered under Chapter 2, 2A, 3 or 3A of Part 3 of the Childcare
Act 2006 or under section 20 of the Children and Families (Wales) Measure
2010 (nawm 1).

A body corporate with which a local authority has entered into
arrangements under Part 1 of the Children and Young Persons Act 2008.

30A person who is specified in a direction made in relation to the exercise of a
local authority’s functions given by the Welsh Ministers under section 25 of
the School Standards and Organisation (Wales) Act 2013 (anaw 1) (including
that section as applied by section 50A of the Children Act 2004 or section 29
of the Childcare Act 2006).

35The governing body of an educational establishment maintained by a local
authority in Wales.

The governing body or proprietor of an institution (not otherwise listed) at
which more than 250 students, excluding students undertaking distance
learning courses, are undertaking—

(a) 40courses in preparation for examinations related to qualifications
regulated by the Office of Qualifications and Examinations
Regulation or the Welsh Government;

(b) courses of a description mentioned in Schedule 6 to the Education
Reform Act 1988 (higher education courses).

Health and social care

A clinical commissioning group established under section 14D of the
National Health Service Act 2006.

An NHS Trust established under section 25 of the National Health Service
5Act 2006.

An NHS foundation trust within the meaning given by section 30 of the
National Health Service Act 2006.

A Local Health Board established under section 11 of the National Health
Service (Wales) Act 2006.

10An NHS trust established under section 18 of the National Health Service
(Wales) Act 2006.

Police

A chief officer of police for a police area in England and Wales (other than a
chief officer who is a member of the panel in question).

Section 43

15SCHEDULE 8 Port and border controls: power to examine goods

Terrorism Act 2000 (c. 11)2000 (c. 11)

1 (1) In Schedule 7 to the Terrorism Act 2000 (port and border controls) paragraph
9 (power to examine goods) is amended as follows.

(2) 20After sub-paragraph (2) insert—

“(2A) The reference in sub-paragraph (2)(a) to goods which are about to
leave Great Britain or Northern Ireland on a ship includes goods
which—

(a) are held at premises operated by a sea cargo agent, and

(b) 25are to be delivered to a place in Great Britain or Northern
Ireland for carriage on a ship.

(2B) The reference in sub-paragraph (2)(b) to goods which are about to
leave any place in Great Britain or Northern Ireland on an aircraft
includes goods which—

(a) 30are held at premises operated by an air cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern
Ireland for carriage on an aircraft.

(2C) An examination under this paragraph may be carried out only—

(a) at a port;

(b) 35at premises operated by a sea cargo agent or an air cargo
agent;

(c) at a transit shed;

(d) at a location designated by the Secretary of State under
sub-paragraph (2D) (a “designated examination location”).

(2D) The Secretary of State may designate a location for the purposes of
sub-paragraph (2C)(d) only if the Secretary of State reasonably
believes that it is necessary to designate that location in order for
examining officers to be able to exercise their functions under this
5paragraph.

(2E) The Secretary of State must maintain and publish a list of
designated examination locations.”

(3) For sub-paragraph (3) substitute—

“(3) In this paragraph—

(a) 10“air cargo agent” has the meaning given by section 21F(1)
of the Aviation Security Act 1982;

(b) “goods” includes property of any description, and
containers;

(c) “sea cargo agent” has the meaning given by section 41(1) of
15the Aviation and Maritime Security Act 1990;

(d) “transit shed” has the meaning given by section 25A of the
Customs and Excise Management Act 1979.”

(4) For sub-paragraph (4) substitute—

“(4) For the purposes of determining whether to carry out an
20examination under this paragraph an examining officer may—

(a) board a ship or aircraft;

(b) enter a vehicle;

(c) enter premises operated by a sea cargo agent or an air
cargo agent;

(d) 25enter a transit shed;

(e) enter a designated examination location.”

Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

2 In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful
interception without an interception warrant), after subsection (3A) insert—

“(3B) 30Conduct consisting in the interception of a communication in the
course of its transmission by means of a public postal service is
authorised by this section if it is conduct under paragraph 9 of
Schedule 7 to the Terrorism Act 2000 (port and border controls).”

Postal Services Act 2000 (c. 26)2000 (c. 26)

3 (1) 35In section 104 of the Postal Services Act 2000 (inviolability of mails)
subsection (3) is amended as follows.

(2) Omit the word “or” at the end of paragraph (c).

(3) At the end insert “, or

(e) a power conferred by paragraph 9 of Schedule 7 to the
40Terrorism Act 2000 (port and border controls).”