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

Counter-Terrorism and Border Security BillPage 20

16 Evidence obtained under port and border control powers

In Schedule 7 to the Terrorism Act 2000 (port and border controls), after
paragraph 5 insert—

5A (1) An answer or information given orally by a person in response to a
5question asked under paragraph 2 or 3 may not be used in evidence
against the person in criminal proceedings.

(2) Sub-paragraph (1) does not apply—

(a) in the case of proceedings for an offence under paragraph 18
of this Schedule,

(b) 10on a prosecution for perjury, or

(c) on a prosecution for some other offence where, in giving
evidence, the person makes a statement inconsistent with the
answer or information mentioned in sub-paragraph (1).

(3) An answer or information may not be used by virtue of sub-
15paragraph (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the
prosecution.

(4) 20In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a) in the case of England and Wales, a reference to a prosecution
for an offence under section 5 of the Perjury Act 1911;

(b) in the case of Northern Ireland, a reference to a prosecution
for an offence under Article 10 of the Perjury (Northern
25Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).”

17 Detention of terrorist suspects: hospital treatment

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

(2) In section 41 (arrest without a warrant), after subsection (8) insert—

(8A) If a person detained under this section, including by virtue of a warrant
30under Part 3 of Schedule 8, is removed to hospital because the person
needs medical treatment—

(a) any time during which the person is being questioned in
hospital or on the way there or back for the purpose of obtaining
relevant evidence is to be included in calculating any period
35which falls to be calculated for the purposes of this section or
Part 3 of Schedule 8, but

(b) any other time when the person is in hospital or on the way
there or back is not to be included.

(8B) In subsection (8A), “relevant evidence” means, in relation to the
40detained person, evidence which—

(a) relates to the person’s commission of an offence under any of
the provisions mentioned in section 40(1)(a), or

(b) indicates that the person is a person falling within section
40(1)(b).”

(3) 45In Schedule 7 (port and border controls), in paragraph 6A, after sub-paragraph

Counter-Terrorism and Border Security BillPage 21

(3) insert—

(3A) If a person detained under paragraph 6 is removed to hospital
because the person needs medical treatment—

(a) any time during which the person is being questioned under
5paragraph 2 or 3 in hospital or on the way there or back is to
be included in calculating the 6 hour period, but

(b) any other time when the person is in hospital or on the way
there or back is not to be included.”

18 Retention of biometric data for counter-terrorism purposes etc

10Schedule 2 contains amendments in relation to the retention of biometric data
for counter-terrorism and other national security purposes.

CHAPTER 4 Miscellaneous

19 Persons vulnerable to being drawn into terrorism

(1) 15The Counter-Terrorism and Security Act 2015 is amended as follows.

(2) Section 36 (assessment and support for persons vulnerable to being drawn into
terrorism: local panels) is amended in accordance with subsections (3) and (4).

(3) In subsection (2), after “police” insert “, or by a local authority,”.

(4) In subsection (3), after “police” insert “or a local authority”.

(5) 20Section 38 (co-operation) is amended in accordance with subsections (6) and
(7).

(6) In subsection (1)(b), after “the police” insert “and local authorities”.

(7) In subsection (8)—

(a) after “police” insert “and local authorities”;

(b) 25after “officer’s” insert “or local authority’s”.

20 Terrorism reinsurance

(1) Section 2 of the Reinsurance (Acts of Terrorism) Act 1993 (reinsurance
arrangements to which the Act applies) is amended as follows.

(2) In subsection (1)—

(a) 30omit “and” at the end of paragraph (a);

(b) after paragraph (b) insert and

(c) any loss which falls within subsection (1A);”.

(3) After subsection (1) insert—

(1A) Loss falls within this subsection if—

(a) 35it results from interruption to business carried on in Great
Britain, and

(b) the interruption results from or is consequential upon acts of
terrorism.”

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Part 2 Border security

21 Port and border controls

Schedule 3 confers powers exercisable at ports and borders in connection with
5the questioning and detention of persons suspected of involvement in hostile
activity for, on behalf of, or otherwise in the interests of, a State other than the
United Kingdom.

Part 3 Final provisions

22 10Minor and consequential amendments

(1) Schedule 4 contains minor and consequential amendments.

(2) The Secretary of State may by regulations make provision that is consequential
on any provision made by this Act.

(3) Regulations under this section may amend any enactment passed or made
15before this Act or in the same Session.

(4) A statutory instrument containing regulations under this section any of which
amend primary legislation may not be made unless a draft of the instrument
has been laid before and approved by a resolution of each House of Parliament.

(5) A statutory instrument containing regulations under this section none of
20which amends primary legislation is subject to annulment in pursuance of a
resolution of either House of Parliament.

(6) Regulations under this section—

(a) are to be made by statutory instrument;

(b) may make different provision for different purposes;

(c) 25may include incidental, supplementary, consequential, transitional or
saving provision.

(7) In this section—

  • “amend” includes repeal or revoke;

  • “enactment” includes—

    (a)

    30an enactment comprised in subordinate legislation within the
    meaning of the Interpretation Act 1978,

    (b)

    an enactment comprised in, or in an instrument made under, a
    Measure or Act of the National Assembly for Wales,

    (c)

    an enactment comprised in, or in an instrument made under, an
    35Act of the Scottish Parliament, and

    (d)

    an enactment comprised in, or in an instrument made under,
    Northern Ireland legislation;

  • “primary legislation” means—

    (a)

    an Act of Parliament,

    (b)

    40an Act or Measure of the National Assembly for Wales,

    (c)

    an Act of the Scottish Parliament, or

    Counter-Terrorism and Border Security BillPage 23

    (d)

    Northern Ireland legislation.

23 Notification requirements: transitional provisions

(1) The amendments made by sections 12 and 13 apply in relation to notification
requirements that apply to a person in respect of an offence committed, or a
5sentence or order imposed, before, on or after the commencement day.

(2) The amendments made by sections 12 and 13 apply in relation to a person to
whom the notification requirements apply whether the person became subject
to those requirements before the commencement day or becomes so on or after
the commencement day, subject as follows.

(3) 10If the person has made an initial notification under section 47 of the Counter-
Terrorism Act 2008 before the commencement day, the person must make a
further such notification under that section of the information in subsection (2)
of that section, as amended by section 12 of this Act.

(4) So far as relating to the further notification mentioned in subsection (3), the
15reference in section 47(1) of the Counter-Terrorism Act 2008 to the period of
three days beginning with the day on which the person was dealt with in
respect of the offence is to be read—

(a) in the case of a person who has a sole or main residence in the United
Kingdom, as a reference to the period of three months beginning with
20the commencement day;

(b) in the case of a person who does not have a sole or main residence in
the United Kingdom, as a reference to the period of one week beginning
with the commencement day.

(5) The requirement imposed by subsection (3) to notify information under section
2547(1) of the Counter-Terrorism Act 2008 within a period mentioned in
subsection (4) of this section does not apply if the information is otherwise
notified before the end of that period when a person complies with a duty
imposed by—

(a) section 48 of that Act (notification of changes: general);

(b) 30section 48A of that Act (notification of changes: financial information
and information about identification documents);

(c) section 49 of that Act (periodic re-notification).

(6) For the purposes of section 54(1) of the Counter-Terrorism Act 2008 (offences
relating to notification), references to compliance with section 47 are to be read
35as including references to compliance with that section as modified in
accordance with subsections (3) and (4).

(7) The amendment made by paragraph 50 of Schedule 4 does not apply in relation
to a person whose intended date of departure is before the end of the period of
7 days beginning with the day on which the amendment comes into force.

(8) 40In this section, “the commencement day” means the day on which section 12
comes into force.

24 Other transitional provisions

(1) An amendment made by any of sections 1, 2, 3, 5 or 6 applies only in a case
where every act or other event proof of which is required for conviction of the

Counter-Terrorism and Border Security BillPage 24

offence in question takes place on or after the day on which the amendment
comes into force.

(2) An amendment made by section 7 or 8 applies only in relation to an offence
committed on or after the day on which the amendment comes into force.

(3) 5Except as otherwise provided by subsection (4), an amendment made by
section 9 or 10, or by Part 1 of Schedule 4, applies in relation to a person
sentenced for an offence on or after the day on which the amendment comes
into force, whether the offence was committed before that day or on or after it.

(4) The amendments made by section 9 and Part 1 of Schedule 4, so far as they
10have effect for the purposes of the following provisions, apply only in relation
to a person sentenced for an offence committed on or after the day on which
they come into force—

(a) sections 225(1)(a) and 226(1)(a) of the Criminal Justice Act 2003, and

(b) sections 219(1)(b) and 221(1)(b) of the Armed Forces Act 2006.

(5) 15An amendment made by section 11 or Part 2 of Schedule 4 applies only in
relation to a person sentenced for an offence committed on or after the day on
which the amendment comes into force.

(6) An amendment made by section 14 applies in relation to an offence or conduct
whether committed or occurring before the day on which the amendment
20comes into force or on or after that day.

(7) An amendment made by the following provisions of Schedule 2 applies only
in respect of a national security determination made or renewed on or after the
day on which the amendment comes into force—

(a) paragraph 3(4);

(b) 25paragraph 7(4);

(c) paragraph 10(4);

(d) paragraph 13(4);

(e) paragraph 16(4);

(f) paragraph 19.

(8) 30For the purposes of subsection (7)

(a) it does not matter whether the material to which the determination
relates was taken or provided, or was derived from material taken or
provided, before the day on which the amendment comes into force or
on or after that day;

(b) 35the reference to the renewal of a determination on or after that day
includes a reference to the renewal of a determination that was first
made before that day.

(9) The powers conferred by Schedule 3 are exercisable in relation to a hostile act
whether carried out before the day on which that Schedule comes into force or
40on or after that day.

25 Extent

(1) This Act extends to England and Wales, Scotland and Northern Ireland, except
as otherwise provided by subsections (2) to (6).

(2) Section 9 extends to England and Wales only.

(3) 45Section 10 extends to Scotland only.

Counter-Terrorism and Border Security BillPage 25

(4) Section 11 extends to Northern Ireland only.

(5) The following provisions extend to England and Wales and Scotland only—

(a) section 15;

(b) section 19;

(c) 5section 20.

(6) An amendment or repeal made by Schedule 2 or 4 has the same extent as the
provision amended or repealed.

(7) The power under section 338(1) of the Criminal Justice Act 2003 (extension to
the Channel Islands or the Isle of Man) may be exercised in relation to any
10amendments made to that Act by this Act.

(8) The power under section 39(6) of the Terrorism Act 2006 (extension to the
Channel Islands or the Isle of Man) may be exercised in relation to any
amendments made to that Act by this Act.

(9) The power under section 31(4) of the Terrorism Prevention and Investigation
15Measures Act 2011 (extension to the Isle of Man) may be exercised in relation
to any amendments made to that Act by this Act.

26 Commencement

(1) The following provisions come into force on the day on which this Act is
passed—

(a) 20section 20;

(b) section 22(2) to (7);

(c) section 25;

(d) this section;

(e) section 27;

(f) 25paragraph 19 of Schedule 4 and section 22(1) so far as relating to that
paragraph;

(g) any other provision of this Act so far as necessary for enabling the
exercise on or after the day on which this Act is passed of any power
under Schedule 3 to make regulations or to issue codes of practice.

(2) 30The following provisions come into force on such day or days as the Secretary
of State may by regulations appoint—

(a) sections 16 and 17;

(b) section 18 and Schedule 2;

(c) section 21 and Schedule 3 (so far as not brought into force by subsection
35(1)(g) of this section);

(d) paragraphs 17 and 18, 20 to 26 and 28 to 33 of Schedule 4 and section
22(1) so far as relating to those paragraphs.

(3) The other provisions of this Act come into force at the end of the period of two
months beginning with the day on which this Act is passed.

(4) 40The Secretary of State may by regulations make transitional or saving
provision in connection with the coming into force of any provision of this Act.

(5) Regulations under this section are to be made by statutory instrument.

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27 Short title

This Act may be cited as the Counter-Terrorism and Border Security Act 2018.

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SCHEDULES

Section 12

SCHEDULE 1 Notification requirements: financial information and information about
identification documents

5This is the Schedule to be inserted as Schedule 3A to the Counter-Terrorism
Act 2008—

Section 47

“SCHEDULE 3A Notification requirements: financial information and information
about identification documents

10Financial information

1 (1) The financial information referred to in section 47(2)(gb) that a
person to whom the notification requirements apply must provide
is—

(a) the information specified in sub-paragraph (2) in respect of
15each account that the person holds with a financial
institution on the date on which the notification is made,
and

(b) if the person runs a business through a company—

(i) the information specified in sub-paragraph (2) in
20respect of each account that the company holds
with a financial institution on the date on which the
notification is made, and

(ii) the name of the company concerned.

(2) The information required to be given in respect of each account
25is—

(a) the name of the financial institution with which the
account is held;

(b) the address of the office at which the account is held and,
if the office is outside the United Kingdom, the address of
30the principal office of the financial institution (if any) in the
United Kingdom;

(c) the number of the account;

(d) the sort code, if any, in relation to the account;

(e) the card number of each payment card relating to the
35account;

(f) the start date (if any) and expiry date in relation to each
such card.

(3) For the purposes of this paragraph—

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(a) “company” includes any body corporate, partnership or
unincorporated association;

(b) “financial institution” means a person who, in the course of
a business, provides financial services consisting of the
5provision of current or savings accounts or payment card
facilities;

(c) “payment card” means a credit card, a charge card, a
prepaid card and a debit card;

(d) it does not matter if an account is held solely or jointly with
10one or more other persons;

(e) a person “runs” a business if the person (whether solely or
jointly with one or more other persons) exercises, or is
entitled to exercise, control or management of the business.

Information about identification documents

2 15The information about identification documents referred to in
section 47(2)(gc) that a person to whom the notification
requirements apply must provide is—

(a) where the person holds one or more passports on the date
on which notification is made, for each passport that the
20person holds—

(i) the number of the passport;

(ii) the person’s full name as it appears in the passport;

(iii) where the passport was issued by or on behalf of
the authorities of a country, the name of the
25country;

(iv) where the passport was issued by or on behalf of an
international organisation, the name of the
organisation;

(b) where the person does not hold a passport, but does hold
30one or more other identity documents (within the meaning
of section 7 of the Identity Documents Act 2010) on the
date on which notification is made, for each identity
document that the person holds—

(i) a description of the identity document;

(ii) 35the issue number (if any) of the identity document;

(iii) the person’s full name as it appears in the identity
document;

(iv) where the identity document was issued by or on
behalf of the authorities of a country, the name of
40the country;

(v) where the identity document was issued by or on
behalf of an international organisation, the name of
the organisation.”

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Section 18

SCHEDULE 2 Retention of biometric data for counter-terrorism purposes etc

Police and Criminal Evidence Act 1984

1 The Police and Criminal Evidence Act 1984 is amended as follows.

2 (1) 5Section 63F (retention of section 63D material: persons arrested for or
charged with a qualifying offence) is amended as follows.

(2) In subsection (3), for “or (5)” substitute “, (5) or (5A)”.

(3) In subsection (5)(a), after “qualifying offence” insert “, other than a
terrorism-related qualifying offence,”.

(4) 10After subsection (5) insert—

(5A) Material falls within this subsection if—

(a) it relates to a person who is arrested for a terrorism-related
qualifying offence but is not charged with that offence, and

(b) it was taken (or, in the case of a DNA profile, derived from a
15sample taken) in connection with the investigation of the
offence.”

(5) In subsection (11), after the definition of “a specified chief officer of police”
insert—

  • ““terrorism-related qualifying offence” means—

    (a)

    20an offence for the time being listed in section 41(1) of the
    Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or

    (b)

    an ancillary offence, as defined by section 65A(5) below,
    relating to an offence for the time being listed in section 41(1)
    of that Act.”

3 (1) 25Section 63M (retention of section 63D material for purposes of national
security) is amended as follows.

(2) In subsection (1), for “the responsible” substitute “a”.

(3) In subsection (2), for “the responsible” substitute “a”.

(4) In subsection (3)(b), for “2 years” substitute “5 years”.

4 30After section 63P insert—

63PA Retention of further sets of fingerprints

(1) This section applies where section 63D material is or includes a
person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this section in respect
35of any further fingerprints taken from the same person (“the further
fingerprints”) if any of conditions 1 to 3 are met.

(3) Condition 1 is met if—

(a) the further fingerprints are section 63D material, and

(b) the further fingerprints or the original fingerprints were
40taken in connection with a terrorist investigation.