Prevention of Terrorism Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Prevention of Terrorism Bill

Prevention of Terrorism Bill
15

(b)
in section 1(4) of the Special Immigration Appeals Commission Act
1997 (c. 68), paragraph (b) (which refers to section 30 of the 2001 Act)
and the word “or” immediately preceding it;
(c)
section 62(15) and (16) of the Nationality, Immigration and Asylum Act
2002 (c. 41) and paragraph 30 of Schedule 7 to that Act (which amended
5
sections 23, 24 and 27 of the 2001 Act); and
(d)
section 32 of the Asylum and Immigration (Treatment of Claimants,
etc.) Act 2004 (c. 19) (which amended sections 24 and 27 of the 2001
Act).
(3)
Subsection (2) comes into force on 14th March 2005.
10
(4)
The repeals made by this Act do not prevent or otherwise affect—
(a)
the continuation of any appeal to the Special Immigration Appeals
Commission under section 25(1) of the Anti-terrorism, Crime and
Security Act 2001 (c. 24) that has been brought but not concluded before
the commencement of those repeals;
15
(b)
the bringing or continuation of a further appeal relating to a decision of
that Commission on such an appeal or on any other appeal brought
under section 25(1) of that Act before the commencement of those
repeals; or
(c)
any proceedings resulting from a decision on a further appeal from
20
such a decision;

but no other proceedings before that Commission under Part 4 of that Act, nor
any appeal or further appeal relating to any such other proceedings, may be
brought or continued at any time after the commencement of the repeals.
(5)
The Secretary of State may enter into such contracts and other arrangements with
25
other persons as he considers appropriate for securing their assistance in connection
with any monitoring, by electronic or other means, that he considers needs to be carried
out in connection with obligations that have been or may be imposed by or under
control orders.
(6)
There shall be paid out of money provided by Parliament—
30
(a)
any expenditure incurred by the Secretary of State by virtue of this Act; and
(b)
any increase attributable to this Act in the sums payable out of such money
under any other Act.
(7)
This Act extends to Northern Ireland.
(8)
Her Majesty may by Order in Council direct that this Act shall extend, with
35
such modifications as appear to Her Majesty to be appropriate, to any of the
Channel Islands or the Isle of Man.

16
Prevention of Terrorism Bill
Schedule — Control order proceedings etc.

Schedule
Section 9

Control order proceedings etc.
Introductory
1     (1)
In this Schedule “the relevant powers” means the powers to make rules of
court for regulating the practice and procedure to be followed in
5
proceedings in the court, the Court of Appeal or the Inner House of the
Court of Session, so far as those powers are exercisable in relation to—
(a)
control order proceedings; or
(b)
relevant appeal proceedings.
      (2)
In this Schedule “relevant appeal proceedings” means proceedings in the
10
Court of Appeal or Inner House of the Court of Session on an appeal relating
to any control order proceedings.
General duty applying to exercise of the relevant powers
2
A person exercising the relevant powers must have regard, in particular,
to—
15
(a)
the need to secure that the making and renewal of control orders and
the imposition and modification of the obligations contained in such
orders are properly reviewed; and
(b)
the need to secure that disclosures of information are not made
where they would be contrary to the public interest.
20
Initial exercise of relevant powers
3     (1)
This paragraph applies—
(a)
on the first occasion after the passing of this Act on which the
relevant powers are exercised in relation to control order
proceedings and relevant appeal proceedings in England and Wales;
25
and
(b)
on the first occasion after the passing of this Act on which they are so
exercised in relation to control order proceedings and relevant
appeal proceedings in Northern Ireland.
      (2)
On each of those occasions—
30
(a)
the relevant powers may be exercised by the Lord Chancellor,
instead of by the person by whom they are otherwise exercisable;
and
(b)
the Lord Chancellor is not required, before exercising the powers, to
undertake any consultation that would be required in the case of
35
rules made by that person.
      (3)
The Lord Chancellor must—
(a)
consult the Lord Chief Justice of England and Wales before making
any rules under this paragraph in relation to England and Wales; and

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.
17

(b)
consult the Lord Chief Justice of Northern Ireland before making any
rules under this paragraph in relation to Northern Ireland.
      (4)
The requirements of sub-paragraph (3) may be satisfied by consultation that
took place wholly or partly before the passing of this Act.
      (5)
Rules of court made by the Lord Chancellor in exercise of the relevant
5
powers in relation to proceedings in Northern Ireland shall be made by
statutory instrument subject to annulment in pursuance of a resolution of
either House of Parliament; and section 56 of the Judicature (Northern
Ireland) Act 1978 (c. 23) (statutory rules procedure) does not apply to them.
Special powers to make rules of court
10
4     (1)
Rules of court made in exercise of the relevant powers may, in particular—
(a)
make provision about the mode and burden of proof in control order
proceedings and about evidence in such proceedings;
(b)
enable or require such proceedings to be determined without a
hearing; and
15
(c)
make provision about legal representation in such proceedings.
      (2)
Rules of court made in exercise of the relevant powers may also, in
particular—
(a)
make provision enabling control order proceedings or relevant
appeal proceedings to take place without full particulars of the
20
reasons for decisions to which the proceedings relate being given to
a relevant party to the proceedings or his legal representative (if he
has one);
(b)
make provision enabling the relevant court to conduct proceedings
in the absence of any person, including a relevant party to the
25
proceedings and his legal representative (if he has one);
(c)
make provision about the functions in control order proceedings and
relevant appeal proceedings of persons appointed under paragraph
7; and
(d)
make provision enabling the relevant court to give a relevant party
30
to control order proceedings or relevant appeal proceedings a
summary of evidence taken in his absence.
      (3)
Rules of court made in exercise of the relevant powers must secure—
(a)
that the Secretary of State has the opportunity in all control order
proceedings and relevant appeal proceedings to apply to the
35
relevant court for an order prohibiting the disclosure of relevant
matters (whether to a relevant party or to his legal representative or
otherwise);
(b)
that the relevant court always considers such an application in the
absence of every relevant party and of his legal representative (if he
40
has one); and
(c)
that the Secretary of State is not required for the purposes of any
control order proceedings or relevant appeal proceedings to disclose
anything to the relevant court, or to any other person, where he does
not propose to rely on it in those proceedings.
45
      (4)
In sub-paragraph (3) “relevant matters”, in relation to any proceedings,
means—

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.
18

(a)
anything on which the Secretary of State is proposing to rely in the
proceedings; or
(b)
the reasons for decisions to which the proceedings relate.
      (5)
Rules of court made in exercise of the relevant powers may provide for—
(a)
the making by the Secretary of State or the controlled person, at any
5
time after a control order has been made, of an application to the
court for an order requiring anonymity for that person; and
(b)
the making by the court, on such an application, of an order
requiring such anonymity;

and the provision made by the rules may allow the application and the order
10
to be made irrespective of whether any other control order proceedings have
been begun in the court.
      (6)
Rules of court may provide for the Court of Appeal or the Inner House of the
Court of Session to make an order in connection with any relevant appeal
proceedings requiring anonymity for the controlled person.
15
      (7)
In sub-paragraphs (5) and (6) the references, in relation to a court, to an order
requiring anonymity for the controlled person are references to an order by
that court which imposes such prohibition or restriction as it thinks fit on the
disclosure—
(a)
by such persons as the court specifies or describes, or
20
(b)
by persons generally,

of the identity of the controlled person or of any information that would
tend to identify him.
Use of advisers
5     (1)
In any control order proceedings the court may, if it thinks fit—
25
(a)
call in aid one or more advisers appointed for the purpose by the
Lord Chancellor; and
(b)
hear and dispose of the proceedings with the assistance of the
adviser or advisers.
      (2)
Rules of court may regulate the use of advisers in accordance with the power
30
conferred by this paragraph.
      (3)
The Lord Chancellor may, out of money provided by Parliament, pay such
remuneration, expenses and allowances to advisers appointed for the purposes of this
paragraph as he may determine.
Legal representation of parties to control order proceedings
35
6
In control order proceedings or relevant appeal proceedings, a party to the
proceedings is entitled to be legally represented except in so far as rules of
court made in exercise of the relevant powers otherwise provide.
Special representation in control order proceedings
7     (1)
The relevant law officer may appoint a person to represent the interests of a relevant
40
party to relevant proceedings in any of those proceedings from which that party and
his legal representative (if he has one) are excluded.
      (2)
In sub-paragraph (1) “relevant proceedings” means—

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.
19

(a)
control order proceedings; or
(b)
proceedings on an appeal or further appeal relating to control order
proceedings.
      (3)
A person may be appointed under this paragraph—
(a)
in the case of an appointment by the Attorney General, only if he has
5
a general legal qualification for the purposes of section 71 of the
Courts and Legal Services Act 1990 (c. 41);
(b)
in the case of an appointment by the Advocate General for Scotland,
only if he is a person with appropriate rights of audience in Scotland;
and
10
(c)
in the case of an appointment by the Advocate General for Northern
Ireland, only if he is a member of the Bar of Northern Ireland.
      (4)
In sub-paragraph (3) “person with appropriate rights of audience in
Scotland” means—
(a)
an advocate; or
15
(b)
a solicitor with rights of audience by virtue of section 25A of the
Solicitors (Scotland) Act 1980 (c. 46) in the Court of Session or the
High Court of Justiciary.
      (5)
A person appointed under this paragraph is not to be responsible to the
person whose interests he is appointed to represent.
20
      (6)
In this paragraph “the relevant law officer” means—
(a)
in relation to control order proceedings in England and Wales or
proceedings on an appeal or further appeal relating to such
proceedings, the Attorney General;
(b)
in relation to proceedings in Scotland or proceedings on an appeal or
25
further appeal relating to such proceedings, the Advocate General
for Scotland;
(c)
in relation to proceedings in Northern Ireland or proceedings on an
appeal or further appeal relating to such proceedings, the Advocate
General for Northern Ireland.
30
      (7)
In relation to any time before the coming into force of section 27 of the Justice
(Northern Ireland) Act 2002 (c. 26), references in this paragraph to the
Advocate General for Northern Ireland are to have effect as references to the
Attorney General for Northern Ireland.
Effect of court orders
35
8     (1)
Where—
(a)
a control order,
(b)
the renewal of such an order, or
(c)
an obligation imposed by such an order,

is quashed, the order, renewal or (as the case may be) obligation shall be
40
treated for the purposes of section 6(1) and (2) as never having been made or
imposed.
      (2)
A decision by the court or on appeal from the court—
(a)
to quash a control order, the renewal of a control order or an
obligation imposed by such an order, or
45
(b)
to give directions to the Secretary of State in relation to such an order,

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.
20


does not prevent the Secretary of State from exercising any power of his to
make a new control order to the same or similar effect or from relying, in
whole or in part, on the same matters for the purpose of making that new
order.
Interception evidence
5
9     (1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of interception matters from legal proceedings) is
amended as follows.
      (2)
In subsection (1), after paragraph (d) insert—
“(da)
any control order proceedings (within the meaning of the
10
Prevention of Terrorism Act 2005) or any proceedings arising
out of such proceedings;”.
      (3)
In subsection (2) (persons disclosures to whom continue to be prohibited
despite section 18), for “paragraph (e) or (f)” substitute “paragraphs (da) to
(f)”.
15
      (4)
In that subsection, before paragraph (a) insert—
“(za)
in the case of any proceedings falling within paragraph (da)
to—
(i)
a person who, within the meaning of the Schedule to
the Prevention of Terrorism Act 2005, is or was a
20
relevant party to the control order proceedings; or
(ii)
any person who for the purposes of any proceedings
so falling (but otherwise than by virtue of an
appointment under paragraph 7 of that Schedule)
represents a person falling within sub-paragraph (i);”.
25
Allocation to Queen’s Bench Division
10
In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business
allocated to Queen’s Bench Division), after sub-paragraph (b) insert—
“(ba)
all control order proceedings (within the meaning of the
Prevention of Terrorism Act 2005);”.
30
Interpretation of Schedule
11
In this Schedule—
“legal representative”, in relation to a relevant party to proceedings,
does not include a person appointed under paragraph 7 to represent
that party’s interests;
35
“relevant appeal proceedings” has the meaning given by paragraph
1(2);
“relevant court”—
(a)
in relation to control order proceedings, means the court; and
(b)
in relation to relevant appeal proceedings, means the Court of
40
Appeal or the Inner House of the Court of Session;
“relevant party”, in relation to control order proceedings or relevant
appeal proceedings, means any party to the proceedings other than
the Secretary of State;
“relevant powers” has the meaning given by paragraph 1(2).
45