Counter-Terrorism and Border Security Bill (HL Bill 153)

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 5An 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
10terrorist 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 15An 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) 20An attempt to commit such an offence.

(2) 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
25of 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 30An 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 35An offence under section 58 of that Act (collection of
information likely to be of use to a terrorist).

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
40remaining in a designated area).”;

(c) after 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
5terrorist publications).”;

(d) after 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) 10Section 210A of the Criminal Procedure (Scotland) Act 1995 (extended
sentences 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) 15for “or violent” substitute “, violent or terrorism”;

(b) in 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) 20a terrorism offence, ten years.”

(5) In subsection (10)—

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

(b) after that definition insert—

• 25““terrorism offence” means—

  (a)

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

  (i)

  section 11 (membership of a proscribed
  organisation),

  (ii)

  30section 12 (inviting support for a
  proscribed organisation),

  (iii)

  section 54 (weapons training),

  (iv)

  section 56 (directing a terrorist
  organisation),

  (v)

  35section 57 (possession of article for
  terrorist purposes),

  (vi)

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

  (vii)

  section 58A (publishing information
  40about members of the armed forces etc),

  (viii)

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

  (ix)

  section 59 (inciting terrorism overseas),

  Counter-Terrorism and Border Security BillPage 12

  (b)

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

  (i)

  section 47 (use etc of nuclear weapons),

  (ii)

  5section 50 (assisting or inducing certain
  weapons-related acts overseas), or

  (iii)

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

  (c)

  an offence under any of the following provisions
  10of the Terrorism Act 2006—

  (i)

  section 1 (encouragement of terrorism),

  (ii)

  section 2 (dissemination of terrorist
  publications),

  (iii)

  section 5 (preparation of terrorist acts),

  (iv)

  15section 6 (training for terrorism),

  (v)

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

  (vi)

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

  (vii)

  20section 10 (misuse of radioactive device
  or material for terrorist purposes etc), or

  (viii)

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

  (d)

  an offence of aiding, abetting, counselling,
  25procuring or inciting the commission of an
  offence specified in paragraphs (a) to (c),

  (e)

  an offence of attempting to commit such an
  offence,

  (f)

  an offence of conspiring to commit such an
  30offence; and”.

11 Extended sentences for terrorism offences: Northern Ireland

(1) The 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) 35in paragraph (1), for “or a specified sexual offence” substitute “, a
specified sexual offence or a specified terrorism offence”;

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

• ““specified terrorism offence” means an offence specified
  40in Part 3 of that Schedule.”

(3) In Article 14 (extended custodial sentence for certain violent or sexual
offences), 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

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.

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

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—

(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 17

• ““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.

(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).”

(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 xSection 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;

Counter-Terrorism and Border Security BillPage 20

• “public place” means—

  (a)

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

  (b)

  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—

  (a)

  10a sporting event, social event or entertainment, or

  (b)

  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
25causes—

(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,”.

(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
issued,”;

(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)
insert—

“(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
section—

(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.”

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 Persons detained under port and border control powers

(1) Schedule 8 to the Terrorism Act 2000 (detention) is amended as follows.

(2) In paragraph 6, after sub-paragraph (3) insert—

“(4) A detained person must be informed of the right under this
30paragraph on first being detained.”

(3) In paragraph 7, after sub-paragraph (2) insert—

“(3) A detained person must be informed of the right under this
paragraph on first being detained.”

(4) In paragraph 9—

(a) 35for sub-paragraphs (1) and (2) substitute—

“(1) This paragraph applies where a detained person exercises the
right under paragraph 7 to consult a solicitor.

(2) A police officer of at least the rank of superintendent may
direct that the right—

(a) 40may not be exercised (or further exercised) by
consulting the solicitor who attends for the purpose
of the consultation or who would so attend but for the
giving of the direction, but

(b) may instead be exercised by consulting a different
solicitor of the detained person’s choosing.

(2A) A direction under this paragraph may be given before or after
a detained person’s consultation with a solicitor has started
5(and if given after it has started the right to further consult
that solicitor ceases on the giving of the direction).”, and

(b) omit sub-paragraphs (4) and (5).

(5) In paragraph 16—

(a) in sub-paragraph (8), omit “Subject to paragraph 17,”, and

(b) 10after sub-paragraph (9) insert—

“(10) A detained person must be informed of the rights under sub-
paragraphs (1) and (6) on first being detained.”

(6) In paragraph 17—

(a) for sub-paragraphs (1) and (2) substitute—

“(1) 15This paragraph applies where a detained person exercises the
right under paragraph 16(6) to consult a solicitor.

(2) A police officer not below the rank of superintendent may, if
it appears to the officer to be necessary on one of the grounds
mentioned in sub-paragraph (3), direct that the right—

(a) 20may not be exercised (or further exercised) by
consulting the solicitor who attends for the purpose
of the consultation or who would so attend but for the
giving of the direction, but

(b) may instead be exercised by consulting a different
25solicitor of the detained person’s choosing.

(2A) A direction under this paragraph may be given before or after
a detained person’s consultation with a solicitor has started
(and if given after it has started the right to further consult
that solicitor ceases on the giving of the direction).”, and

(b) 30in sub-paragraph (3), in the opening words for “(1)” substitute “(2)”.

18 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
35under 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
40which 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
45detained 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) 5In Schedule 7 (port and border controls), in paragraph 6A, after sub-paragraph
(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
10paragraph 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.”

19 Retention of biometric data for counter-terrorism purposes etc

15Schedule 2 contains amendments in relation to the retention of biometric data
for counter-terrorism and other national security purposes.

CHAPTER 4 Miscellaneous

20 Persons vulnerable to being drawn into terrorism

(1) 20The 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) 25Section 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) 30after “officer’s” insert “or local authority’s”.

(8) The Secretary of State must, within the period of 6 months beginning with the
day on which this Act is passed, make arrangements for an independent
review and report on the Government strategy for supporting people
vulnerable to being drawn into terrorism.

(9) 35The report and any recommendations of the review under subsection (8) must
be laid before both Houses of Parliament within the period of 18 months
beginning with the day on which this Act is passed.

(10) The laying of the report and recommendations under subsection (9) must be
accompanied by a statement by the Secretary of State responding to each
40recommendation made as part of the independent review.

21 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) 5omit “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) 10it results from interruption to business carried on in Great
Britain, and

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

Part 2 15Border security

22 Port and border controls

Schedule 3 confers powers exercisable at ports and borders.

Part 3 Final provisions

23 20Minor 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
25before 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
30which 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) 35may include incidental, supplementary, consequential, transitional or
saving provision.

(7) In this section—

• “amend” includes repeal or revoke;

•