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

• “enactment” includes—

  (a)

  an 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
  5Measure or Act of the National Assembly for Wales,

  (c)

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

  (d)

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

• 10“primary legislation” means—

  (a)

  an Act of Parliament,

  (b)

  an Act or Measure of the National Assembly for Wales,

  (c)

  an Act of the Scottish Parliament, or

  (d)

  Northern Ireland legislation.

24 15Notification 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
sentence 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
20whom 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) If 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
25further 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
reference 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
30respect 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
the commencement day;

(b) in the case of a person who does not have a sole or main residence in
35the 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
47(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
40notified 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) section 48A of that Act (notification of changes: financial information
and information about identification documents);

(c) 45section 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

as including references to compliance with that section as modified in
accordance with subsections (3) and (4).

(7) The amendment made by paragraph 51 of Schedule 4 does not apply in relation
to a person whose intended date of departure is before the end of the period of
57 days beginning with the day on which the amendment comes into force.

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

25 Other transitional provisions

(1) An amendment made by any of sections 1, 2, 3, 5 or 6 applies only in a case
10where every act or other event proof of which is required for conviction of the
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) 15Except 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
20have 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) 25An 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
30comes 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) 35paragraph 7(4);

(c) paragraph 10(4);

(d) paragraph 13(4);

(e) paragraph 16(4);

(f) paragraph 19.

(8) 40For 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) the 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
5whether carried out before the day on which that Schedule comes into force or
on or after that day.

26 Extent

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

(2) 10Section 9 extends to England and Wales only.

(3) Section 10 extends to Scotland only.

(4) Section 11 extends to Northern Ireland only.

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

(a) section 15;

(b) 15section 20;

(c) section 21.

(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
20the Channel Islands or the Isle of Man) may be exercised in relation to any
amendments 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) 25The power under section 31(4) of the Terrorism Prevention and Investigation
Measures Act 2011 (extension to the Isle of Man) may be exercised in relation
to any amendments made to that Act by this Act.

27 Commencement

(1) The following provisions come into force on the day on which this Act is
30passed—

(a) section 21;

(b) section 23(2) to (7);

(c) section 26;

(d) this section;

(e) 35section 28;

(f) paragraph 19 of Schedule 4 and section 23(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
40under Schedule 3 to make regulations or to issue codes of practice.

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

(a) sections 16, 17 and 18;

(b) section 19 and Schedule 2;

(c) section 22 and Schedule 3 (so far as not brought into force by subsection
(1)(g) of this section);

(d) 5paragraphs 17 and 18, 20 to 26 and 28 to 33 of Schedule 4 and section
23(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) The Secretary of State may by regulations make transitional or saving
10provision 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.

28 Short title

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