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

A

BILL

TO

Make provision in relation to terrorism; to make provision enabling persons at
ports and borders to be questioned for national security and other related
purposes; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

Part 1 Counter-Terrorism

CHAPTER 1 Terrorist offences

1 5Expressions of support for a proscribed organisation

In section 12 of the Terrorism Act 2000 (support), after subsection (1) insert—

(1A) A person commits an offence if the person—

(a) expresses an opinion or belief that is supportive of a proscribed
organisation, and

(b) 10in doing so is reckless as to whether a person to whom the
expression is directed will be encouraged to support a
proscribed organisation.”

2 Publication of images and seizure of articles

(1) Section 13 of the Terrorism Act 2000 (uniform) is amended as follows.

(2) 15In the heading, after “Uniform” insert “and publication of images”.

(3) After subsection (1) insert—

(1A) A person commits an offence if the person publishes an image of—

(a) an item of clothing, or

Counter-Terrorism and Border Security BillPage 2

(b) any other article,

in such a way or in such circumstances as to arouse reasonable
suspicion that the person is a member or supporter of a proscribed
organisation.

(1B) 5In subsection (1A) the reference to an image is a reference to a still or
moving image (produced by any means).”

(4) After subsection (3) insert—

(4) A constable may seize an item of clothing or any other article if the
constable—

(a) 10reasonably suspects that it is evidence in relation to an offence
under subsection (1), and

(b) is satisfied that it is necessary to seize it in order to prevent the
evidence being concealed, lost, altered or destroyed.

(5) In connection with exercising the power in subsection (4), a constable
15may require a person to remove the item of clothing or other article if
the person is wearing it.

(6) But the powers conferred by subsections (4) and (5) may not be
exercised so as to seize, or require a person to remove, an item of
clothing being worn next to the skin or immediately over a garment
20being worn as underwear.”

3 Obtaining or viewing material over the internet

(1) Section 58 of the Terrorism Act 2000 (collection of information) is amended as
follows.

(2) In subsection (1)—

(a) 25omit “or” at the end of paragraph (a);

(b) after paragraph (b) insert , or

(c) the person views, or otherwise accesses, by means of the
internet a document or record containing information of
that kind.”

(3) 30After subsection (1) insert—

(1A) The cases in which a person collects or makes a record for the purposes
of subsection (1)(a) include (but are not limited to) those where the
person does so by means of the internet (whether by downloading the
record or otherwise).”

(4) 35After subsection (3) insert—

(3A) The cases in which a person has a reasonable excuse for the purposes of
subsection (3) include (but are not limited to) those in which at the time
of the person’s action or possession, the person did not know, and had
no reason to believe, that the document or record in question contained,
40or was likely to contain, information of a kind likely to be useful to a
person committing or preparing an act of terrorism.”

4 Entering or remaining in a designated area

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

Counter-Terrorism and Border Security BillPage 3

(2) After section 58A insert—

“Entering or remaining in designated areas overseas
58B Entering or remaining in a designated area

(1) A person commits an offence if—

(a) 5the person enters, or remains in, a designated area, and

(b) the person is a United Kingdom national, or a United Kingdom
resident, at the time of entering the area or at any time during
which the person remains there.

(2) It is a defence for a person charged with an offence under this section
10to prove that the person had a reasonable excuse for entering, or
remaining in, the designated area.

(3) A person does not commit an offence under this section of entering, or
remaining in, a designated area if—

(a) the person is already travelling to, or is already in, the area on
15the day on which it becomes a designated area, and

(b) the person leaves the area before the end of the period of one
month beginning with that day.

(4) A person guilty of an offence under this section is liable on conviction
on indictment to imprisonment for a term not exceeding 10 years, or to
20a fine, or to both.

(5) In this section—

  • “designated area” means an area outside the United Kingdom that
    is for the time being designated for the purposes of this section
    in regulations under section 58C;

  • 25“United Kingdom national” means an individual who is—

    (a)

    a British citizen, a British overseas territories citizen, a
    British National (Overseas) or a British Overseas citizen,

    (b)

    a person who under the British Nationality Act 1981 is a
    British subject, or

    (c)

    30a British protected person within the meaning of that
    Act;

  • “United Kingdom resident” means an individual who is resident
    in the United Kingdom.

(6) The reference in subsection (3) to the day on which an area becomes a
35designated area is a reference to the day on which regulations under
section 58C come into force designating the area for the purposes of this
section.

(7) Nothing in this section imposes criminal liability on any person acting
on behalf of, or holding office under, the Crown.
 

58C 40Section 58B: designated areas

(1) The Secretary of State may by regulations designate an area outside the
United Kingdom as a designated area for the purposes of section 58B if
the following condition is met.

(2) The condition is that the Secretary of State is satisfied that it is
45necessary, for the purpose of protecting members of the public from a

Counter-Terrorism and Border Security BillPage 4

risk of terrorism, to restrict United Kingdom nationals and United
Kingdom residents from entering, or remaining in, the area.

(3) The reference in subsection (2) to the public includes a reference to the
public of a country other than the United Kingdom.

(4) 5Where an area is designated by regulations under this section, the
Secretary of State must—

(a) keep under review whether the condition in subsection (2)
continues to be met in relation to the area, and

(b) if the Secretary of State determines that the condition is no
10longer met, revoke the regulations (or revoke them so far as
they have effect in relation to that area if the regulations
designate more than one area).

(5) In this section “designated area”, “United Kingdom national” and
“United Kingdom resident” have the same meaning as in section 58B.”

(3) 15In section 123 (orders and regulations), after subsection (6) insert—

(6ZA) Regulations under section 58C—

(a) must be laid before Parliament after being made, and

(b) cease to have effect at the end of the period of 40 days beginning
with the day on which they are made unless before the end of
20that period the regulations are approved by a resolution of each
House of Parliament.

(6ZB) For the purposes of subsection (6ZA) the period of 40 days is to be
computed in accordance with section 7(1) of the Statutory Instruments
Act 1946.

(6ZC) 25Subsection (6ZA)(b)—

(a) is without prejudice to anything previously done or to the
power of the Secretary of State to make new regulations under
section 58C;

(b) does not apply to regulations that only revoke previous
30regulations under that section.”

5 Encouragement of terrorism and dissemination of terrorist publications

(1) The Terrorism Act 2006 is amended as follows.

(2) Section 1 (encouragement of terrorism) is amended in accordance with
subsections (3) and (4).

(3) 35In subsection (1)—

(a) for the words from “some” to “published” substitute “a reasonable
person”;

(b) for “to them” substitute “, to some or all of the members of the public to
whom it is published,”.

(4) 40In subsection (3)—

(a) in the opening words, for “members of the public” substitute “a
reasonable person”;

(b) in paragraph (b), omit “those”.

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(5) Section 2 (dissemination of terrorist publications) is amended in accordance
with subsections (6) and (7).

(6) In subsection (3), in paragraph (a), for the words from “, by” to “them”
substitute “by a reasonable person as a direct or indirect encouragement or
5other inducement, to some or all of the persons to whom it is or may become
available as a result of that conduct,”.

(7) In subsection (4)—

(a) in the opening words, after “by a” insert “reasonable”;

(b) in paragraph (b), for “that person” substitute “a person”.

6 10Extra-territorial jurisdiction

(1) In section 17 of the Terrorism Act 2006 (commission of offences abroad),
subsection (2) is amended as follows.

(2) In paragraph (a)—

(a) after “section 1” insert “or 2”, and

(b) 15omit the words from “so far as” to the end.

(3) After paragraph (c) insert—

(ca) an offence under section 13 of that Act (uniform etc associated
with proscribed organisation);”.

(4) After paragraph (d) insert—

(da) 20an offence under section 4 of the Explosive Substances Act 1883
(making or possessing explosives under suspicious
circumstances) so far as committed for the purposes of an act of
terrorism;”.

CHAPTER 2 25Punishment and management of terrorist offenders

Sentencing

7 Increase in maximum sentences

(1) The Terrorism Act 2000 is amended in accordance with subsections (2) to (4).

(2) In section 38B (information about acts of terrorism), in subsection (5)(a), for
30“five years” substitute “10 years”.

(3) In section 58 (collection of information), in subsection (4)(a), for “10 years”
substitute “15 years”.

(4) In section 58A (eliciting, publishing or communicating information about
members of armed forces etc), in subsection (3)(a), for “10 years” substitute “15
35years”.

(5) The Terrorism Act 2006 is amended in accordance with subsections (6) and (7).

(6) In section 1 (encouragement of terrorism), in subsection (7)(a), for “7 years”
substitute “15 years”.

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(7) In section 2 (dissemination of terrorist publications), in subsection (11)(a), for
“7 years” substitute “15 years”.

8 Sentences for offences with a terrorist connection

(1) The Counter-Terrorism Act 2008 is amended as follows.

(2) 5In section 30 (sentences for offences with a terrorist connection: England and
Wales)—

(a) in the heading, after “Wales” insert “and Northern Ireland”;

(b) in subsection (1), after “Wales” insert “, or in Northern Ireland,”.

(3) In section 42 (offences to which notification requirements apply: offences
10having a terrorist connection), in subsection (1), in paragraph (a), after “Wales”
insert “and Northern Ireland”.

(4) Schedule 2 (list of offences where terrorist connection to be considered) is
amended in accordance with subsections (5) and (6).

(5) In the list of common law offences, after the entry for “Abduction” insert—

  • 15“Assault by explosive device under the law of Scotland.

  • Assault to severe injury under the law of Scotland.

  • Assault and poisoning under the law of Scotland.

  • Poisoning under the law of Scotland.

  • False imprisonment under the law of Northern Ireland.”

(6) 20In the list of statutory offences—

(a) in the entry relating to the Offences against the Person Act 1861, after
paragraph (a) insert—

(aa) section 18 (wounding with intent),”;

(b) after the entry relating to the Explosive Substances Act 1883 insert—

  • 25“An offence under section 20 of the Theft Act (Northern Ireland)
    1969 (c. 16 (N.I.)) (blackmail).

  • An offence under section 1 of the Protection of the Person and
    Property Act (Northern Ireland) 1969 (c. 29 (N.I.))
    (intimidation).”;

(c) 30after the entry relating to the Chemical Weapons Act 1996 insert—

  • “An offence under Article 6 of the Protection from Harassment
    (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (putting
    people in fear of violence).”;

(d) after the entry relating to the Anti-terrorism, Crime and Security Act
352001 insert—

  • “An offence under any of the following provisions of the Firearms
    (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—

    (a)

    Article 3(1) (unauthorised possession etc of firearm),

    (b)

    Article 3(2) (unauthorised possession etc of ammunition),

    (c)

    40Article 58(1) (possession of firearm with intent to endanger life
    etc),

    (d)

    Article 58(2) (possession of firearm with intent to cause person
    to believe that unlawful violence will be used etc),

    (e)

    Article 60 (carrying a firearm with criminal intent),

    (f)

    45Article 61 (carrying or discharging a firearm in a public place),

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    (g)

    Article 64 (possession of firearm or ammunition in suspicious
    circumstances).”

9 Extended sentences etc for terrorism offences: England and Wales

(1) The Criminal Justice Act 2003 is amended as follows.

(2) 5In section 224 (meaning of “specified offence” etc)—

(a) in subsection (1), for “or a specified sexual offence” substitute “, a
specified sexual offence or a specified terrorism offence”;

(b) in subsection (3), after the definition of “specified sexual offence”
insert—

  • 10““specified terrorism offence” means an offence specified
    in Part 3 of that Schedule.”

(3) In section 226A (extended sentence for certain violent or sexual offences:
persons 18 or over)—

(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) 15in subsection (8), in paragraph (b), at the end insert “or a specified
terrorism offence”.

(4) In section 226B (extended sentence for certain violent or sexual offences:
persons under 18)—

(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) 20in subsection (6), in paragraph (b), at the end insert “or a specified
terrorism offence”.

(5) In Schedule 15 (specified offences for the purposes of certain sentencing
provisions in Chapter 5 of Part 12, relating to dangerous offenders), after Part
2 insert—

25“Part 3 Specified Terrorism Offences

154 An offence under section 11 of the Terrorism Act 2000 (membership
of a proscribed organisation).

155 An offence under section 12 of that Act (inviting support for a
30proscribed organisation).

156 An offence under section 54 of that Act (weapons training).

157 An offence under section 56 of that Act (directing a terrorist
organisation).

158 An offence under section 57 of that Act (possession of article for
35terrorist purposes).

159 An offence under section 58 of that Act (collection of information
likely to be of use to a terrorist).

160 An offence under section 58A of that Act (publishing information
about members of the armed forces etc).

161 40An offence under section 58B of that Act (entering or remaining in a
designated area).

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162 An offence under section 59 of that Act (inciting terrorism overseas).

163 An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

164 An offence under section 50 of that Act (assisting or inducing certain
5weapons-related acts overseas).

165 An offence under section 113 of that Act (use of noxious substance or
thing to cause harm or intimidate).

166 An offence under section 1 of the Terrorism Act 2006
(encouragement of terrorism).

167 10An offence under section 2 of that Act (dissemination of terrorist
publications).

168 An offence under section 5 of that Act (preparation of terrorist acts).

169 An offence under section 6 of that Act (training for terrorism).

170 An offence under section 8 of that Act (attendance at a place used for
15terrorist training).

171 An offence under section 9 of that Act (making or possession of
radioactive device or material).

172 An offence under section 10 of that Act (misuse of radioactive device
or material for terrorist purposes etc).

173 20An offence under section 11 of that Act (terrorist threats relating to
radioactive devices etc).

174 (1) Aiding, abetting, counselling or procuring the commission of an
offence specified in the preceding paragraphs of this Part of this
Schedule.

(2) 25An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to
which an offence specified in the preceding paragraphs of this Part
30of this Schedule is the offence (or one of the offences) which the
person intended or believed would be committed.”

(6) In Schedule 18A (offences in relation to which a special custodial sentence for
offenders of particular concern may be imposed under section 236A)—

(a) after paragraph 6 insert—

6A 35An offence under section 11 of the Terrorism Act 2000
(membership of a proscribed organisation).

6B An offence under section 12 of that Act (inviting support for
a proscribed organisation).”;

(b) after paragraph 9 insert—

9A 40An offence under section 58 of that Act (collection of
information likely to be of use to a terrorist).

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9B An offence under section 58A of that Act (publishing
information about members of the armed forces etc).

9C An offence under section 58B of that Act (entering or
remaining in a designated area).”;

(c) 5after paragraph 13 insert—

13A An offence under section 1 of the Terrorism Act 2006
(encouragement of terrorism).

13B An offence under section 2 of that Act (dissemination of
terrorist publications).”;

(d) 10after paragraph 15 insert—

15A An offence under section 8 of that Act (attendance at a place
used for terrorist training).”

10 Extended sentences for terrorism offences: Scotland

(1) Section 210A of the Criminal Procedure (Scotland) Act 1995 (extended
15sentences for sex and violent offenders) is amended as follows.

(2) In the heading, for “sex and violent offenders” substitute “sex, violent and
terrorist offenders”.

(3) In subsection (1)—

(a) for “or violent” substitute “, violent or terrorism”;

(b) 20in paragraph (a)(ii), after “violent” insert “or terrorism”.

(4) In subsection (3)—

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

(b) after paragraph (b) insert , and

(c) a terrorism offence, ten years.”

(5) 25In subsection (10)—

(a) in the definition of “imprisonment”, omit “and” at the end of paragraph
(ii);

(b) after that definition insert—

  • ““terrorism offence” means—

    (a)

    30an offence under any of the following provisions
    of the Terrorism Act 2000—

    (i)

    section 11 (membership of a proscribed
    organisation),

    (ii)

    section 12 (inviting support for a
    35proscribed organisation),

    (iii)

    section 54 (weapons training),

    (iv)

    section 56 (directing a terrorist
    organisation),

    (v)

    section 57 (possession of article for
    40terrorist purposes),

    (vi)

    section 58 (collection of information
    likely to be of use to a terrorist),

    (vii)

    section 58A (publishing information
    about members of the armed forces etc),

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    (viii)

    section 58B (entering or remaining in a
    designated area), or

    (ix)

    section 59 (inciting terrorism overseas),

    (b)

    an offence under any of the following provisions
    5of the Anti-terrorism, Crime and Security Act
    2001—

    (i)

    section 47 (use etc of nuclear weapons),

    (ii)

    section 50 (assisting or inducing certain
    weapons-related acts overseas), or

    (iii)

    10section 113 (use of noxious substance or
    thing to cause harm or intimidate),

    (c)

    an offence under any of the following provisions
    of the Terrorism Act 2006—

    (i)

    section 1 (encouragement of terrorism),

    (ii)

    15section 2 (dissemination of terrorist
    publications),

    (iii)

    section 5 (preparation of terrorist acts),

    (iv)

    section 6 (training for terrorism),

    (v)

    section 8 (attendance at a place used for
    20terrorist training),

    (vi)

    section 9 (making or possession of
    radioactive device or material),

    (vii)

    section 10 (misuse of radioactive device
    or material for terrorist purposes etc), or

    (viii)

    25section 11 (terrorist threats relating to
    radioactive devices etc),

    (d)

    an offence of aiding, abetting, counselling,
    procuring or inciting the commission of an
    offence specified in paragraphs (a) to (c),

    (e)

    30an offence of attempting to commit such an
    offence,

    (f)

    an offence of conspiring to commit such an
    offence; and”.

11 Extended sentences for terrorism offences: Northern Ireland

(1) 35The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) is
amended as follows.

(2) In Article 12 (meaning of “specified offence” etc)—

(a) in paragraph (1), for “or a specified sexual offence” substitute “, a
specified sexual offence or a specified terrorism offence”;

(b) 40in paragraph (3), after the definition of “specified sexual offence”
insert—

  • ““specified terrorism offence” means an offence specified
    in Part 3 of that Schedule.”

(3) In Article 14 (extended custodial sentence for certain violent or sexual
45offences), in paragraph (8), in sub-paragraph (b) at the end insert “or a
specified terrorism offence”.

(4) In Schedule 2 (specified offences for the purposes of certain sentencing

Counter-Terrorism and Border Security BillPage 11

provisions in Chapter 3, relating to dangerous offenders), after Part 2 insert—

“Part 3 Specified terrorism offences
The Terrorism Act 2000 (c. 11)

1 5An offence under—

section 11 (membership of a proscribed organisation),

section 12 (inviting support for a proscribed organisation),

section 54 (weapons training),

section 56 (directing a terrorist organisation),

10section 57 (possession of article for terrorist purposes),

section 58 (collection of information likely to be of use to a terrorist),

section 58A (publishing information about members of the armed
forces etc),

section 58B (entering or remaining in a designated area), or

15section 59 (inciting terrorism overseas).

The Anti-terrorism, Crime and Security Act 2001 (c. 24)

2 An offence under—

section 47 (use etc of nuclear weapons),

section 50 (assisting or inducing certain weapons-related acts
20overseas), or

section 113 (use of noxious substance or thing to cause harm or
intimidate).

The Terrorism Act 2006 (c. 11)

3 An offence under—

25section 1 (encouragement of terrorism),

section 2 (dissemination of terrorist publications),

section 5 (preparation of terrorist acts),

section 6 (training for terrorism),

section 8 (attendance at a place used for terrorist training),

30section 9 (making or possession of radioactive device or material),

section 10 (misuse of radioactive device or material for terrorist
purposes etc), or

section 11 (terrorist threats relating to radioactive devices etc).

Other offences

4 35An offence of—

(a) aiding, abetting, counselling, procuring or inciting the
commission of an offence specified in this Part of this
Schedule,

(b) conspiring to commit an offence so specified, or

(c) 40attempting to commit an offence so specified.

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5 An offence under Part 2 of the Serious Crime Act 2007 (c. 27)
(encouraging or assisting crime) in relation to an offence specified in
this Part of this Schedule.”

Notification requirements

12 5Additional requirements

(1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 47 (information to be notified), in subsection (2)—

(a) after paragraph (d) insert—

(da) all contact details on that date;”;

(b) 10after paragraph (f) insert—

(fa) all contact details on the date on which notification is
made;”;

(c) after paragraph (g) insert—

(ga) identifying information of any motor vehicle of which
15the person is the registered keeper, or which the person
has a right to use (whether routinely or on specific
occasions or for specific purposes), on the date on which
notification is made;

(gb) the financial information specified in paragraph 1 of
20Schedule 3A;

(gc) the information about identification documents
specified in paragraph 2 of Schedule 3A;”.

(3) In section 48 (notification of changes)—

(a) in the heading, at the end insert “: general”;

(b) 25after subsection (4) insert—

(4A) If there is a change in the contact details of a person to whom the
notification requirements apply, the person must notify the
police of the new contact details.

(4B) If a person to whom the notification requirements apply ceases
30to use contact details which the person has previously notified
under this Part, the person must notify the police of that fact.

(4C) If a person to whom the notification requirements apply
becomes the registered keeper of, or acquires a right to use, a
motor vehicle the identifying information of which has not
35previously been notified to the police, the person must notify
the police of the identifying information of that motor vehicle.

(4D) If there is a change in the identifying information of a motor
vehicle previously notified under this Part, the person must
notify the police—

(a) 40that there has been a change, and

(b) of the new identifying information of the motor vehicle.

(4E) If a person to whom the notification requirements apply ceases
to be the registered keeper of a motor vehicle the identifying
information of which the person has notified, or ceases to have
45the right to use such a motor vehicle, the person must notify the

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police that the person is no longer the registered keeper of the
motor vehicle or no longer has the right to use it.”;

(c) for subsection (7) substitute—

(7) Notification under this section must be made—

(a) 5in a case to which subsection (4C) applies, before the
earlier of the following—

(i) the end of the period of three days beginning
with the day on which the person becomes the
registered keeper of the motor vehicle or
10acquires a right to use it, or

(ii) the first occasion on which the person uses the
motor vehicle by virtue of being its registered
keeper or having a right to use it,

(b) in a case to which subsection (4D) applies, before the
15earlier of the following—

(i) the end of the period of three days beginning
with the day on which the identifying
information changes, or

(ii) the first occasion on which the person uses the
20motor vehicle after the identifying information
has changed,

(c) in any other case, before the end of the period of three
days beginning with the day on which the event in
question occurs (and, where subsection (3) applies, that
25is the day with which the period referred to in
paragraph (a) or (b) (as the case may be) of subsection (3)
ends).”

(4) After section 48 insert—

48A Notification of changes: financial information and information about
30identification documents

(1) If there is a change in any of the financial information (see paragraph 1
of Schedule 3A), or information about identification documents (see
paragraph 2 of that Schedule), in relation to a person to whom the
notification requirements apply, the person must notify the police of
35the change.

(2) For the purposes of subsection (1) there is a change in the financial
information if—

(a) an account previously notified in accordance with this Part is
closed;

(b) 40a payment card previously notified in accordance with this Part
is no longer held by the person notified as holding it;

(c) an account is opened, or a payment card is obtained, which
would have been required to be notified in accordance with
section 47(2)(gb) if the account or card had been held at the time
45when notification was made under section 47(1);

(d) any other financial information previously notified in
accordance with this Part is altered or becomes inaccurate.

(3) For the purposes of subsection (1) there is a change in the information
about identification documents if—

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(a) the person ceases to hold a passport or other document
previously notified in accordance with this Part;

(b) the person obtains a passport or other document which would
have been required to be notified in accordance with section
547(2)(gc) if it had been held at the time when notification was
made under section 47(1).

(4) Where a change required to be notified under subsection (1) relates to
opening a new account or obtaining a new payment card as mentioned
in subsection (2)(c), the person must in notifying the change include all
10the information (so far as relevant) specified in paragraph 1(2) of
Schedule 3A in respect of the new account or card.

(5) Where a change required to be notified under subsection (1) relates to
the holding of a new passport or other document as mentioned in
subsection (3)(b), the person must in notifying the change include all
15the information (so far as relevant) specified in paragraph 2 of Schedule
3A in relation to the new passport or other document.

(6) Notification under this section must be made before the end of the
period of three days beginning with the day on which the event in
question occurs.

(7) 20In determining the period within which notification is to be made
under this section, any time when the person is—

(a) remanded in or committed to custody by any order of a court,

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) 25detained under the Immigration Acts,

is to be ignored.

(8) Notification under this section must be accompanied by re-notification
of the other information mentioned in section 47(2).”

(5) In section 49 (periodic re-notification)—

(a) 30in subsection (1), for “the period of one year” substitute “the applicable
period”;

(b) after that subsection insert—

(1A) In this section the “applicable period” means—

(a) in the case of a person who has no sole or main residence
35in the United Kingdom, the period of one week, and

(b) in any other case, the period of one year.”

(6) In section 60, at the appropriate places insert the following definitions—

  • ““contact details” means—

    (a)

    telephone numbers (if any), and

    (b)

    40email addresses (if any);”;

  • ““identifying information”, in relation to a motor vehicle, means—

    (a)

    the registration number of the vehicle,

    (b)

    the make, model and colour of the vehicle, and

    (c)

    the location where the vehicle is normally kept when not
    45in use;”;

  • ““motor vehicle” means a mechanically propelled vehicle
    intended or adapted for use on roads;”;

  • Counter-Terrorism and Border Security BillPage 15

  • ““payment card” means a credit card, a charge card, a prepaid
    card or a debit card;”;

  • ““registered keeper”, in relation to a motor vehicle, means the
    person in whose name the vehicle is registered under the
    5Vehicle Excise and Registration Act 1994;”.

(7) After Schedule 3 insert, as Schedule 3A, the Schedule set out in Schedule 1 to
this Act.

13 Power to enter and search home

In the Counter-Terrorism Act 2008, after section 56 insert—

10“Entry and search of home address
56A Power to enter and search home address

(1) If on an application made by a senior police officer of the relevant force
a justice is satisfied that the requirements in subsection (2) are met, the
justice may issue a warrant authorising a constable of that force—

(a) 15to enter premises specified in the warrant for the purpose of
assessing the risks posed by the person to whom the warrant
relates; and

(b) to search the premises for that purpose.

(2) The requirements are—

(a) 20that the person to whom the warrant relates—

(i) is a person to whom the notification requirements
apply, and

(ii) is not a person to whom subsection (3) applies,

(b) that the address of each set of premises specified in the
25application is an address falling within subsection (4),

(c) that it is necessary for a constable to enter and search the
premises for the purpose mentioned in subsection (1)(a), and

(d) that on at least two occasions a constable has sought entry to the
premises in order to search them for that purpose and has been
30unable to gain entry for that purpose.

(3) This subsection applies to a person who is—

(a) remanded in or committed to custody by order of a court,

(b) serving a sentence of imprisonment or a term of service
detention,

(c) 35detained in a hospital, or

(d) outside the United Kingdom.

(4) An address falls within this subsection if—

(a) it is the address which was last notified in accordance with the
notification requirements by the person to whom the warrant
40relates, or

(b) there are reasonable grounds to believe that the person to whom
the warrant relates resides there or may regularly be found
there.

Counter-Terrorism and Border Security BillPage 16

(5) A warrant issued under this section must specify each set of premises
to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable
force if necessary to enter and search the premises.

(7) 5The warrant may authorise entry to and search of premises on more
than one occasion if, on the application, the justice is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose
mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries,
10the number of entries authorised may be unlimited or limited to a
maximum.

(9) In this section—

  • “justice” means—

    (a)

    in the application of this section to England and Wales,
    15a justice of the peace;

    (b)

    in the application of this section to Northern Ireland, a
    lay magistrate;

    (c)

    in the application of this section to Scotland, a sheriff or
    summary sheriff;

  • 20“the relevant force” means—

    (a)

    in relation to premises in England or Wales, the police
    force maintained for the police area in which the
    premises in respect of which the application is made or
    the warrant is issued are situated;

    (b)

    25in relation to premises in Northern Ireland, the Police
    Service of Northern Ireland;

    (c)

    in relation to premises in Scotland, the Police Service of
    Scotland;

  • “senior police officer” means a constable of the rank of
    30superintendent or above;

  • “sentence of imprisonment” includes any form of custodial
    sentence (apart from service detention);

  • “service detention” has the meaning given by section 374 of the
    Armed Forces Act 2006.”

35Serious crime prevention orders

14 Serious crime prevention orders

(1) Schedule 1 to the Serious Crime Act 2007 (serious offences for the purposes of
serious crime prevention orders) is amended as follows.

(2) In Part 1 (serious offences in England and Wales), after paragraph 2 insert—

40“Terrorism

2A An offence for the time being listed in section 41(1) of the Counter-
Terrorism Act 2008 (offences to which Part 4 of that Act applies:
terrorism offences).”

Counter-Terrorism and Border Security BillPage 17

(3) In Part 1A (serious offences in Scotland), after paragraph 16B insert—

“Terrorism

16BA An offence for the time being listed in section 41(1) of the Counter-
Terrorism Act 2008 (offences to which Part 4 of that Act applies:
5terrorism offences).”

(4) In Part 2 (serious offences in Northern Ireland), after paragraph 18 insert—

“Terrorism

18A An offence for the time being listed in section 41(1) of the Counter-
Terrorism Act 2008 (offences to which Part 4 of that Act applies:
10terrorism offences).”

CHAPTER 3 Counter-terrorism powers

15 Traffic regulation

(1) The Road Traffic Regulation Act 1984 is amended as follows.

(2) 15After section 22C insert—

22CA Section 22C: power to impose charges

(1) This section applies where a traffic authority—

(a) makes, or proposes to make, an order by virtue of section 22C,
or

(b) 20issues, or proposes to issue, a notice by virtue of that section,

for the purpose of protecting a relevant event or a relevant site from
danger or damage connected with terrorism.

(2) The authority may impose a charge of such amount as it thinks
reasonable in respect of anything done in connection with or in
25consequence of the order or notice (or proposed order or notice).

(3) The charge is payable—

(a) in the case of a relevant event, by the person promoting or
organising the event;

(b) in the case of a relevant site, by the occupier of the site.

(4) 30But a charge may not be imposed in relation to the holding of a relevant
event if the event is a public procession, or public assembly, held for the
purpose of—

(a) demonstrating support for, or opposition to, the views or
actions of any person or body of persons,

(b) 35publicising a cause or campaign, or

(c) marking or commemorating an event.

(5) In this section—

  • “public assembly” means an assembly of two or more persons in a
    public place which is wholly or partly open to the air;

  •