Terrorism Bill

Terrorism Bill - continued	House of Commons

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PART II

PROSCRIBED ORGANISATIONS

Procedure

Proscription.

3. - (1) For the purposes of this Act an organisation is proscribed if-

(a) it is listed in Schedule 2, or

(b) it operates under the same name as an organisation listed in that Schedule.

(2) Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule.

(3) The Secretary of State may by order-

(a) add an organisation to Schedule 2;

(b) remove an organisation from that Schedule;

(4) The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism.

(5) For the purposes of subsection (4) an organisation is concerned in terrorism if it-

(a) commits or participates in acts of terrorism,

(b) prepares for terrorism,

(d) is otherwise concerned in terrorism.

Deproscription: application.

4. - (1) An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2.

(2) An application may be made by-

(a) the organisation, or

(b) any person affected by the organisation's proscription.

(3) The Secretary of State shall make regulations prescribing the procedure for applications under this section.

(4) The regulations shall, in particular-

(a) require the Secretary of State to determine an application within a specified period of time, and

(b) require an application to state the grounds on which it is made.

Deproscription: appeal.

5. - (1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.

(2) Where an application under section 4 has been refused, the applicant may appeal to the Commission.

(3) The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.

(4) Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection.

(5) Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable-

(a) lay before Parliament, in accordance with section 121(3), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or

(b) make an order removing the organisation from the list in Schedule 2 in pursuance of section 121(4).

(6) Schedule 3 (constitution of the Commission and procedure) shall have effect.

Further appeal.

6. - (1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to-

(a) the Court of Appeal, if the first appeal was heard in England and Wales,

(b) the Court of Session, if the first appeal was heard in Scotland, or

(2) An appeal under subsection (1) may be brought only with the leave-

(a) of the Commission, or

(b) where the Commission refuses leave, of the court to which the appeal would be brought.

(3) An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords).

7. - (1) This section applies where-

(a) an appeal under section 5 has been allowed in respect of an organisation,

(b) an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 121(4), a resolution has been passed by each House of Parliament under section 121(4)(b)),

(c) a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 55, and

(d) the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.

(2) If the person mentioned in subsection (1)(c) was convicted on indictment-

(a) he may appeal against the conviction to the Court of Appeal, and

(b) the Court of Appeal shall allow the appeal.

(3) A person may appeal against a conviction by virtue of subsection (2) whether or not he has already appealed against the conviction.

(4) An appeal by virtue of subsection (2)-

(a) must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

(b) shall be treated as an appeal under section 1 of the Criminal Appeal Act 1968 (but does not require leave).

(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates' court-

(a) he may appeal against the conviction to the Crown Court, and

(b) the Crown Court shall allow the appeal.

(6) A person may appeal against a conviction by virtue of subsection (5)-

(a) whether or not he pleaded guilty,

(b) whether or not he has already appealed against the conviction, and

(c) whether or not he has made an application in respect of the conviction under section 111 of the Magistrates' Courts Act 1980 (case stated).

(7) An appeal by virtue of subsection (5)-

(a) must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

(b) shall be treated as an appeal under section 108(1)(b) of the Magistrates' Courts Act 1980.

(8) In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted-

	" or
	(c) on an appeal under section 7 of the Terrorism Act 2000".

Prepared 9 February 2000