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Make
provision about the prevention of terrorism. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Statement
by Secretary of State |
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(1) |
Where the Secretary of State
is satisfied that the condition in subsection (2) is |
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met, he may, within the relevant
period, certify— |
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(a) |
an Act of Parliament, or |
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(b) |
specified provisions of an
Act of Parliament, |
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for
the purposes of this Act. |
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(2) |
The condition in this subsection
is that the main purpose of— |
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(a) |
the Act of Parliament, or |
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(b) |
the specified provisions of
an Act of Parliament, |
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10 |
(3) |
A decision to certify— |
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(a) |
an Act of Parliament, or |
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(b) |
specified provisions of an
Act of Parliament, |
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for
the purposes of this Act shall take the form of a certificate. |
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(4) |
A certificate under this
section— |
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(a) |
shall be laid before Parliament,
and |
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(b) |
shall specify the Act of
Parliament or the specified provisions of an Act |
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of Parliament to which the
certificate relates. |
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(5) |
In this section “the
relevant period” means a period of a week beginning— |
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(a) |
in the case of a decision
to certify an Act of Parliament, with the date on |
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which the Act was passed,
and |
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(b) |
in the case of a decision
to certify specified provisions of an Act of |
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Parliament, with the date
on which the Act containing those provisions |
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2 |
Amendment
of the Human Rights Act 1998 |
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(1) |
The Human
Rights Act 1998 (c. 42) is amended as follows. |
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(2) |
After section 1, insert— |
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“1A |
Disapplication
for certain provisions relating to the prevention of |
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5 |
The
provisions of sections 2 to 18 of this Act shall not apply to— |
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(a) |
an Act of Parliament, or |
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(b) |
specified provisions of an
Act of Parliament, |
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in respect of which a certificate has been laid before Parliament
under |
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section
1
of the Prevention of Terrorism (No. 2) Act 2005.” |
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(3) |
In section 19 (statements
of compatibility), in subsection (1), for the word “or”
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after paragraph (a), substitute— |
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“(aa) |
make a statement to the
effect that he proposes to certify any Act |
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arising
from the Bill, or specified provisions of any Act arising |
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from
the Bill, for the purposes of the Prevention of Terrorism |
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3 |
Habeas
corpus, etc., due process and fair trial |
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(a) |
an Act of Parliament, or |
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(b) |
specified provisions of an
Act of Parliament, |
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in
respect of which a certificate has been laid before Parliament
under section |
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1
shall affect the matters specified in subsection (2). |
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(2) |
The matters specified in
this subsection are the rights of a person who is— |
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(a) |
in police detention, or |
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to
apply for a writ of habeas corpus or other prerogative remedy
and to a fair |
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trial in accordance with
due process and the rule of law. |
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4 |
Judicial
interpretation of certain provisions during public emergency |
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(1) |
The Secretary of State may
lay before Parliament a declaration— |
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(a) |
that there is a state of
public emergency for the purposes of this section, |
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(b) |
that there is no longer a
state of public emergency for the purposes of |
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(2) |
This subsection applies— |
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(a) |
during the period which— |
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(i) |
begins with the laying
before Parliament of a declaration under |
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(ii) |
ends with the laying before
Parliament of a declaration under |
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(b) |
when a certificate has been
laid before Parliament under section 1
in |
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(i) |
an Act of Parliament, or |
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(ii) |
specified provisions of
an Act of Parliament. |
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