Counter-Terrorism and Border Security Bill (HL Bill 131)

Counter-Terrorism and Border Security BillPage 80

Terrorism Act 2000 (c. 11)

23 (1) The Terrorism Act 2000 is amended as follows.

(2) In section 41 (arrest without warrant), in subsection (3)(b) after “Schedule 7”
insert “, or under Part 1 of Schedule 3 to the Counter-Terrorism and Border
5Security Act 2018,”.

(3) In Schedule 8, in paragraph 20A(6) after paragraph (e) insert—

(ea) any of the fingerprints, data or samples
obtained under or by virtue of paragraph 27
or 35 of Schedule 3 to the Counter-Terrorism
10and Border Security Act 2018, or information
derived from such samples,”.

Regulation of Investigatory Powers Act 2000 (c. 23)

24 In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful
interception without an interception warrant), in subsection (3B) at the end
15insert “or under paragraph 9 of Schedule 3 to the Counter-Terrorism and
Border Security Act 2018 (border security)”.

Postal Services Act 2000 (c. 26)

25 In section 104 of the Postal Services Act 2000 (inviolability of mails), in
subsection (3)—

(a) 20omit “or” at the end of paragraph (d);

(b) at the end of paragraph (e) insert , or

(f) a power conferred by paragraph 9 of Schedule 3 to the
Counter-Terrorism and Border Security Act 2018
(border security).”

25Counter-Terrorism Act 2008 (c. 28)

26 In section 18 of the Counter-Terrorism Act 2008 (destruction of national
security material not subject to existing statutory restrictions), in subsection
(8) after paragraph (j) insert—

(k) paragraphs 36 to 44 of Schedule 3 to the Counter-Terrorism
30and Border Security Act 2018.”

Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions)
(Scotland) Regulations 2011 (S.S.I. 2011/217)

27 (1) In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial
Conditions and Contributions) (Scotland) Regulations 2011—

(a) 35the words from “to whom” to the end become paragraph (a), and

(b) at the end of that paragraph insert , or

(b) who is detained—

(i) under section 41 of, or Schedule 7 to, the
Terrorism Act 2000, or

(ii) 40under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018.”

Counter-Terrorism and Border Security BillPage 81

(2) Nothing in sub-paragraph (1) affects any power under the Legal Aid
(Scotland) Act 1986 to revoke or amend any provision of the regulations
amended by that sub-paragraph.

Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

28 5In Schedule 6 to the Terrorism Prevention and Investigation Measures Act
2011 (fingerprints and samples), in paragraph 5, after sub-paragraph (d)
insert—

(da) any fingerprints or samples taken under paragraph 27 of
Schedule 3 to the Counter-Terrorism and Border Security
10Act 2018 or any information derived from such a sample,

(db) any relevant physical data taken or provided by virtue of
paragraph 35 of that Schedule, any samples taken by virtue
of that paragraph or any information derived from such a
sample,”.

15Protection of Freedoms Act 2012 (c. 9)

29 In section 20 of the Protection of Freedoms Act 2012 (function of the
Commissioner for the Retention and Use of Biometric Material to keep
under review national security determinations)—

(a) in subsection (2), in paragraph (a) after sub-paragraph (iv) insert—

(iva) 20paragraph 39 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018,”;

(b) in subsection (6), after paragraph (d) insert—

(e) the retention and use in accordance with paragraphs
36 to 44 of Schedule 3 to the Counter-Terrorism and
25Border Security Act 2018 of—

(i) any material to which paragraph 36 or 42 of
that Schedule applies (fingerprints, relevant
physical data, DNA profiles and samples),
and

(ii) 30any copies of any material to which paragraph
36 of that Schedule applies (fingerprints,
relevant physical data and DNA profiles).”;

(c) in subsection (8)—

(i) omit “and” at the end of paragraph (a);

(ii) 35at the end of (b) insert , and

(c) the reference in subsection (6)(e) to use of
material, or copies of material, in accordance
with paragraphs 36 to 44 of Schedule 3 to the
Counter-Terrorism and Border Security Act
402018 includes a reference to use of material, or
copies of material, in accordance with section
19C(2)(c) and (d) of the Criminal Procedure
(Scotland) Act 1995.”

Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9)

30 (1) 45In the Criminal Legal Aid (General) Regulations 2013, in regulation 12(2)
(prescribed conditions)—

(a) omit “or” at the end of paragraph (j);

Counter-Terrorism and Border Security BillPage 82

(b) at the end of paragraph (k) insert , or

(l) be detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018.”

(2) Nothing in sub-paragraph (1) affects any power under the Legal Aid,
5Sentencing and Punishment of Offenders Act 2012 to revoke or amend any
provision of the regulations amended by that sub-paragraph.

Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No.
196)

31 (1) In regulation 4(2) of the Civil Legal Services (Financial) Regulations
10(Northern Ireland) 2015 (exceptions from requirement to make a
determination in respect of an individual’s financial resources), after sub-
paragraph (a) insert—

(aa) is detained under Schedule 7 to the Terrorism Act 2000 or
under Part 1 of Schedule 3 to the Counter-Terrorism and
15Border Security Act 2018;”.

(2) Nothing in sub-paragraph (1) affects any power under the Access to Justice
(Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend
any provision of the regulations amended by that sub-paragraph.

Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 201(N.I.) 2015 No. 201)

32 (1) 20In Schedule 2 to the Civil Legal Services (Remuneration) Order (Northern
Ireland) 2015 (advice and assistance)—

(a) for the title to Part 2 substitute “Matters other than those relating to
PACE, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the
Counter-Terrorism and Border Security Act 2018”;

(b) 25in the title to Part 3 after “matters” insert “, Schedule 7 to the
Terrorism Act 2000 matters or Schedule 3 to the Counter-Terrorism
and Border Security Act 2018 matters”;

(c) in note (1) to Table 1 in Part 3 (which refers to work relating to
interviews conducted under the Police and Criminal Evidence
30(Northern Ireland) Order 1989), at the end insert “, Schedule 7 to the
Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and
Border Security Act 2018”.

(2) Nothing in sub-paragraph (1) affects any power under the Access to Justice
(Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend
35any provision of the Order amended by that sub-paragraph.

Investigatory Powers Act 2016 (c. 25)

33 In section 47 of the Investigatory Powers Act 2016 (postal services:
interception for enforcement purposes), in subsection (2) at the end insert
“or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border
40Security Act 2018 (border security)”.

Counter-Terrorism and Border Security BillPage 83

Part 4 Other minor and consequential amendments

Criminal Procedure and Investigations Act 1996 (c. 25)

34 In section 29 of the Criminal Procedure and Investigations Act 1996 (power
5to order preparatory hearing), in subsection (6)(e), after “purposes of
terrorism” insert “, eliciting information about armed forces etc, entering or
remaining in a designated area”.

Terrorism Act 2000 (c. 11)

35 The Terrorism Act 2000 is amended as follows.

36 10In section 13 (uniform), omit subsection (2).

37 In section 23A (forfeiture: other terrorism offences etc), in the list of
provisions in subsection (2)(a), after the entry relating to section 57, 58 or
58A insert—

  • “section 58B (entering or remaining in a designated area);”.

38 15In section 118 (defences), in subsection (5)(a), after “58A,” insert “58B,”.

Counter-Terrorism Act 2008 (c. 28)

39 The Counter-Terrorism Act 2008 is amended as follows.

40 In section 18E (sections 18 to 18E: supplementary provisions), in subsection
(1), in paragraph (f) of the definition of “responsible officer”, for “Serious
20Organised Crime Agency”, in both places where it occurs, substitute
“National Crime Agency”.

41 In section 27 (meaning of “terrorism offence”), in the list of provisions in
subsection (1)(a), after the entry relating to sections 56 to 58A insert—

  • “section 58B (entering or remaining in a designated area),”.

42 25In section 40 (scheme of Part 4), in subsection (2)—

(a) omit “and” at the end of paragraph (a);

(b) after paragraph (b) insert , and

(c) warrants authorising entry and search of premises
notified under this Part or where a person to whom
30the notification requirements apply resides or may be
found.”

43 In section 41 (offences to which Part 4 applies: terrorism offences), in
subsection (1)(a), in the entry relating to sections 56 to 61, after “purposes of
terrorism” insert “eliciting information about members of armed forces etc,
35entering or remaining in a designated area”.

44 In section 48 (notification of changes), in subsection (9) after “this section,”,
in the second place it occurs, insert “section 48A (notification of changes:
financial information and information about identification documents),”.

45 (1) Section 49 (periodic re-notification) is amended as follows.

(2) 40In subsection (1)—

Counter-Terrorism and Border Security BillPage 84

(a) in paragraph (b), after “change” insert “: general”;

(b) after paragraph (b) insert—

(ba) section 48A (notification of changes: financial
information and information about identification
5documents),”.

(3) In subsection (2), for “period referred to in that subsection” substitute
“applicable period.”

46 In section 50 (method of notification and related matters), in subsection (1)—

(a) in paragraph (b), after “change” insert “: general”;

(b) 10after paragraph (b) insert—

(ba) section 48A (notification of changes: financial
information and information about identification
documents),”.

47 (1) Section 54 (offences relating to notification) is amended as follows.

(2) 15In subsection (1)—

(a) in paragraph (a)—

(i) in the entry for section 48, after “changes” insert “: general”;

(ii) after the entry for section 48 insert—

section 48A (notification of changes:
20financial information and information
about identification documents),”;

(b) in paragraph (b)—

(i) in the entry for section 48, after “changes” insert “: general”;

(ii) after the entry for section 48 insert—

25section 48A (notification of changes:
financial information and information
about identification documents),”.

(3) In subsection (4)(a)—

(a) in the entry for section 48, after “changes” insert “: general”;

(b) 30after the entry for section 48 insert—

section 48A (notification of changes: financial
information and information about
identification documents),”.

48 (1) Section 55 (effect of absence abroad) is amended as follows.

(2) 35In subsection (5)—

(a) in the opening words, for “Section 48” substitute “Sections 48 and
48A”;

(b) in paragraph (a), for “applies” substitute “apply”;

(c) in paragraph (b), for “does” substitute “do”.

(3) 40In subsection (6), for “Section 48 does” substitute “Sections 48 and 48A do”.

(4) In subsection (7), for “the period” substitute “the applicable period”.

49 In section 56 (notification on return after absence from UK), in subsection
(1)(b)—

(a) in sub-paragraph (ii), after “changes” insert “: general”;

Counter-Terrorism and Border Security BillPage 85

(b) after that sub-paragraph insert—

(iia) section 48A (notification of changes: financial
information and information about
identification documents),”.

5Counter-Terrorism Act 2008 (Foreign Travel Notification Requirements) Regulations 2009
(S.I. 2009/2493)

50 (1) In the Counter-Terrorism Act 2008 (Foreign Travel Notification
Requirements) Regulations 2009—

(a) in regulation 3 (notification of departure: requirement and content),
10in paragraph (1), omit “for a period of three days or more”;

(b) in regulation 4 (notification of departure: timing), in paragraph (4),
for “twenty-four” in each place substitute “12”;

(c) in regulation 5 (notification of return), in paragraph (1), omit “for a
period of three days or more”.

(2) 15Nothing in sub-paragraph (1) affects the power in section 52 of the Counter-
Terrorism Act 2008 to revoke or amend any provision of the regulations
amended by that sub-paragraph.