Terrorism Bill

Terrorism Bill - continued	House of Commons
PART VIII, GENERAL - continued

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{d3} "act" and "action" include omission,

Evidence.

118. - (1) A document which purports to be-

(a) a notice or direction given by the Secretary of State for the purposes of a provision of this Act, and

(b) signed by him or on his behalf,

shall be received in evidence and shall, until the contrary is proved, be deemed to have been given by the Secretary of State.

(2) A document bearing a certificate which-

(a) purports to be signed by or on behalf of the Secretary of State, and

(b) states that the document is a true copy of a notice or direction given by the Secretary of State for the purposes of a provision of this Act,

shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings.

(3) The Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him.

Interpretation.

119. In this Act-

"article" includes substance and any other thing,

"customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979,

"dwelling" means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling,

"explosive" means-

(a) an article or substance manufactured for the purpose of producing a practical effect by explosion,

(b) materials for making an article or substance within paragraph (a),

(d) a part of anything within paragraph (a) or (c),

"firearm" includes an air gun or air pistol,

"immigration officer" means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971,

"the Islands" means the Channel Islands and the Isle of Man,

"organisation" includes any association or combination of persons,

"premises" includes any place and in particular includes-

(a) a vehicle,

(b) an offshore installation within the meaning given in section 44 of the Petroleum Act 1998, and

"property" includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property,

"public place" means a place to which members of the public have or are permitted to have access, whether or not for payment,

"road" has the same meaning as in the Road Traffic Act 1988 (in relation to England and Wales), the Roads (Scotland) Act 1984 (in relation to Scotland) and the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland), and includes part of a road, and

"vehicle", except in sections 47 to 51 and Schedule 6, includes an aircraft, hovercraft, train or vessel.

Index of defined expressions.

120. In this Act the expressions listed below are defined by the provisions specified.

Expression	Interpretation provision
Act	Section 119
Action	Section 119
Action taken for the purposes of terrorism	Section 1(3)
Article	Section 119
Authorised officer	Section 24(1)
Cash	Section 24(2)
Cordoned area	Section 33
Customs officer	Section 119
Dwelling	Section 119
Examining officer	Schedule 6, paragraph 1
Explosive	Section 119
Firearm	Section 119
Immigration officer	Section 119
The Islands	Section 119
Organisation	Section 119
Premises	Section 119
Property	Section 119
Proscribed organisation	Section 3(1)
Public place	Section 119
Road	Section 119
Scheduled offence (in Part VII)	Section 64
Terrorism	Section 1
Terrorist (in Part V)	Section 39
Terrorist investigation	Section 32
Terrorist property	Section 14
Vehicle	Section 119
Vehicle (in sections 47 to 50)	Section 51

Orders and regulations.

121. - (1) An order or regulations made by the Secretary of State under this Act-

(a) shall be made by statutory instrument, and

(b) may contain savings and transitional provisions.

(2) An order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament-

(a) section 4(3);

(b) section 24(2)(e);

(d) section 78(5);

(e) section 79(9);

(f) section 96(1) or (3);

(g) section 99(1)(b);

(h) section 117(2);

(i) paragraph 50(1) of Schedule 4;

(j) paragraph 17(4) of Schedule 6;

(k) paragraph 9 of Schedule 7;

(l) paragraph 16 of Schedule 7.

(3) An order or regulations under any of the following provisions shall not be made, subject to subsection (4), unless a draft has been laid before and approved by resolution of each House of Parliament-

(a) section 3(3);

(b) section 52(2);

(d) section 95;

(e) section 100(4);

(f) section 111(2);

(g) paragraph 16 of Schedule 6;

(h) paragraph 4(1)(e) of Schedule 13;

(i) paragraph 7(3) of Schedule 13.

(4) An order or regulations under a provision mentioned in subsection (3), except for paragraph (b), may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order-

(a) shall contain a declaration of the Secretary of State's opinion, and

(b) shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.

(5) For the purposes of subsection (4)-

(a) a code of practice or revised code to which an order relates shall cease to have effect together with the order,

(b) an order's ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and

(6) An order under paragraph 8(3) of Schedule 12 shall be laid before Parliament.

(7) Subsection (1)(a) does not apply to an order made-

(a) under section 93, or

(b) under regulations made under section 95.

Directions.

122. A direction given under this Act may be varied or revoked by a further direction.

Amendments and repeals.

123. - (1) Schedule 14 (consequential amendments) shall have effect.

(2) The enactments listed in Schedule 15 are hereby repealed or revoked to the extent specified.

Prepared 9 February 2000