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

Counter-Terrorism and Border Security BillPage 18

  • “public place” means—


    any highway or, in Scotland, any road within the
    meaning of the Roads (Scotland) Act 1984, and


    any place to which at the material time the public, or any
    5section of the public, has access (on payment or
    otherwise) as of right or by virtue of an express or
    implied permission;

  • “public procession” means a procession in a public place;

  • “relevant event” means—


    10a sporting event, social event or entertainment, or


    any other event that is organised for commercial,
    charitable or not for profit purposes;

  • “relevant site” means a site on which activities are carried out in
    connection with the supply of essential goods or services.

(6) 15The reference in the definition of “relevant site” to essential goods or
services is a reference to goods or services disruption in the supply of
which would cause, or would create a significant risk of, serious
damage to—

(a) human welfare in a place in the United Kingdom,

(b) 20the environment of a place in the United Kingdom,

(c) the economy of the United Kingdom, or

(d) the national security of the United Kingdom.

(7) For the purposes of subsection (6)(a) disruption in the supply of goods,
systems or services causes serious damage to human welfare only if it

(a) loss of human life,

(b) human illness or injury,

(c) disruption of a supply of money, food, water, energy or fuel,

(d) disruption of a system of communication,

(e) 30disruption of facilities for transport, or

(f) disruption of services relating to health.

(8) References in this section to the supply of services include references to
the provision of systems or facilities.”

(3) Section 22D (section 22C: supplemental) is amended in accordance with
35subsections (4) to (9).

(4) In subsection (1)—

(a) after “made” insert “, and a notice may be issued,”;

(b) after “the order” insert “or notice”.

(5) After subsection (1) insert—

(1A) 40Any statutory requirement to publish a proposal for, or a notice of, the
making of an order does not apply to an order made by virtue of section
22C if the chief officer of police for the area to which the order relates
considers that to do so would risk undermining the purpose for which
the order is made.”

(6) 45In subsection (2), after “made” insert “, or a notice issued,”.

(7) In subsection (3), after “made” insert “, or a notice under that section issued,”.

Counter-Terrorism and Border Security BillPage 19

(8) In subsection (4)—

(a) after “made” insert “, or a notice issued,”;

(b) after “the order,” insert “notice,”.

(9) In subsection (5)—

(a) 5in the words before paragraph (a), after “made” insert “, or a notice

(b) in paragraph (a) after “order” insert “or notice”;

(c) after paragraph (c) insert—

(d) enable a constable to authorise a person of a description
10specified in the order or notice to do anything that the
constable could do by virtue of this subsection.”

(10) In section 67 (emergencies and temporary obstructions), after subsection (1A)

(1B) In the application of subsection (1) in connection with terrorism or the
15prospect of terrorism—

(a) the reference to vehicular traffic is to be read as a reference to
any kind of traffic (including pedestrians), and

(b) the other references to traffic are to be read accordingly.”

(11) After section 94 insert (in Part 7)—

94A 20Bollards and other obstructions: terrorism

(1) This section applies where the passage, or the passage in any direction,
of traffic (including pedestrians), or of traffic of any class, is prohibited
at any point of a road by virtue of the exercise of a power under section
67 for a purpose relating to danger or damage connected with terrorism
25or the prospect of terrorism.

(2) An authorised person may place at or near that point whatever bollards
or other obstructions the person considers appropriate for preventing
the passage of the traffic.

“Authorised person” means a constable or a person authorised or
30required to act on behalf of a constable.

(3) The bollards or other obstructions that may be placed under this

(a) include obstructions of any description,

(b) may be either fixed or moveable, and

(c) 35may be placed so as to prevent the passage of traffic at all times
or certain times only.

(4) Where the passage of traffic along a stretch of road is prevented by
virtue of the power under subsection (2) being exercised in respect of
one or more points on the road, the power under that subsection
40includes placing, or authorising the placing of, further obstructions on
that stretch of road.

(5) A power conferred by this section to place an obstruction includes
power to maintain or light it.

(6) Nothing in this section affects any power that a constable has apart
45from this section.”