Terrorism Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 2 — Miscellaneous provisions
28

(a)
in subsection (1), for the words from the beginning to “satisfied”
substitute “If a sheriff, on the application of a procurator fiscal, is
satisfied”;
(b)
in subsection (5) omit “on an information laid by or on behalf of the
Director of Public Prosecutions or the Director of Public Prosecutions
5
for Northern Ireland”;
(c)
in subsection (9), for the definition of ‘“premises” substitute—
“‘premises’ has the same meaning as in the Terrorism Act
2000 (c. 11) (see section 121 of that Act).”
28
Power to search vehicles under Schedule 7 to the Terrorism Act 2000
10
In paragraph 8 of Schedule 7 to the Terrorism Act 2000 (search of a person at a
port or in the border area to ascertain if he is involved in terrorism), after sub-
paragraph (1)(d) insert—
“(e)
search a vehicle which is on a ship or aircraft;
(f)
search a vehicle which the examining officer reasonably
15
believes has been, or is about to be, on a ship or aircraft.”
29
Extension to internal waters of authorisations to stop and search
(1)
The Terrorism Act 2000 is amended as follows.
(2)
In section 44 (authorisations for stop and search), after subsection (4) insert—
“(4ZA)
The power of a person mentioned in subsection (4) to give an
20
authorisation specifying an area or place so mentioned includes power
to give such an authorisation specifying such an area or place together
with—
(a)
the internal waters adjacent to that area or place; or
(b)
such area of those internal waters as is specified in the
25
authorisation.”
(3)
After subsection (5) of that section insert—
“(5A)
In this section—
‘driver’, in relation to an aircraft, hovercraft or vessel, means the
captain, pilot or other person with control of the aircraft,
30
hovercraft or vessel or any member of its crew and, in relation
to a train, includes any member of its crew;
‘internal waters’ means waters in the United Kingdom that are not
comprised in any police area.”
(4)
In section 45 (exercise of powers), after subsection (6) insert—
35
“(7)
In this section ‘driver’ has the same meaning as in section 44.”
Other investigatory powers
30
Amendment of the Intelligence Services Act 1994 (c. 13)
(1)
The Intelligence Services Act 1994 is amended as follows.
(2)
In subsection (1) of section 6 (persons under whose hand a warrant to act
40

Terrorism Bill
Part 2 — Miscellaneous provisions
29

within the British Islands may be issued), after paragraph (c) insert “or
(d)
in an urgent case where the Secretary of State has expressly
authorised the issue of warrants in accordance with this
paragraph by specified senior officials and a statement of that
fact is endorsed on the warrant, under the hand of any of the
5
specified officials.”
(3)
After that subsection insert—
“(1A)
But a warrant issued in accordance with subsection (1)(d) may
authorise the taking of an action only if the action is an action in relation
to property which, immediately before the issue of the warrant, would,
10
if done outside the British Islands, have been authorised by virtue of an
authorisation under section 7 that was in force at that time.”
(1B)
A senior official who issues a warrant in accordance with subsection
(1)(d) must inform the Secretary of State about the issue of the warrant
as soon as practicable after issuing it.”
15
(4)
In subsection (2)(b) of that section (duration of warrants issued by senior
officials), for “second” substitute “fifth”.
(5)
In subsection (6)(b) of section 7 (duration of authorisations to act outside the
British Islands that are issued by senior officials), for “second” substitute
“fifth”.
20
(6)
After subsection (9) of that section insert—
(10)
Where—
(a)
a person is authorised by virtue of this section to do an act
outside the British Islands in relation to property,
(b)
the act is one which, in relation to property within the British
25
Islands, is capable of being authorised by a warrant under
section 5,
(c)
a person authorised by virtue of this section to do that act
outside the British Islands, does the act in relation to that
property while it is within the British Islands, and
30
(d)
the act is done in circumstances falling within subsection (11) or
(12),

this section shall have effect as if the act were done outside the British
Islands in relation to that property.
(11)
An act is done in circumstances falling within this subsection if it is
35
done in relation to the property at a time when it is believed to be
outside the British Islands.
(12)
An act is done in circumstances falling within this subsection if it —
(a)
is done in relation to property which was mistakenly believed
to be outside the British Islands either when the authorisation
40
under this section was given or at a subsequent time or which
has been brought within the British Islands since the giving of
the authorisation; but
(b)
is done before the end of the fifth working day after the day on
which the presence of the property in the British Islands first
45
becomes known.

Terrorism Bill
Part 2 — Miscellaneous provisions
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(13)
In subsection (12) the reference to the day on which the presence of the
property in the British Islands first becomes known is a reference to the
day on which it first appears to a member of the Intelligence Service or
of GCHQ, after the relevant time—
(a)
that the belief that the property was outside the British Islands
5
was mistaken; or
(b)
that the property is within those Islands.
(14)
In subsection (13) ‘the relevant time’ means, as the case may be—
(a)
the time of the mistaken belief mentioned in subsection (12)(a);
or
10
(b)
the time at which the property was, or was most recently,
brought within the British Islands.”
31
Interception warrants
(1)
The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
(2)
In section 9(6) (period for which interception warrants can be issued or
15
renewed), after paragraph (a) insert—
“(ab)
in relation to an unrenewed warrant which is endorsed under
the hand of the Secretary of State with a statement that the issue
of the warrant is believed to be necessary on grounds falling
within section 5(3)(a) or (c), means the period of six months
20
beginning with the day of the warrant’s issue;”.
(3)
For subsection (6) of section 10 (prohibition on modification of scheduled parts
of warrant by the person to whom the warrant is addressed or his
subordinates) substitute—
“(6)
Subsection (4) authorises the modification of the scheduled parts of an
25
interception warrant under the hand of a senior official who is either—
(a)
the person to whom the warrant is addressed, or
(b)
a person holding a position subordinate to that person,

only if the applicable condition specified in subsection (6A) is satisfied
and a statement that the condition is satisfied is endorsed on the
30
modifying instrument.
(6A)
The applicable condition is—
(a)
in the case of an unrenewed warrant, that the warrant is
endorsed with a statement that the issue of the warrant is
believed to be necessary in the interests of national security; and
35
(b)
in the case of a renewed warrant, that the instrument by which
it was last renewed is endorsed with a statement that the
renewal is believed to be necessary in the interests of national
security.”
(4)
In subsection (9)(b) (modifications made otherwise than by Secretary of State
40
ceasing to have effect after five days), after “(5A)(b)” insert “, (6)”.
(5)
In section 16 (extra safeguards in the case of certificated warrants)—
(a)
in subsection (3)(b) (exception for communications sent during a
specified three month period), for “a period of not more than three
months specified in the certificate” substitute “a period specified in the
45
certificate that is no longer than the permitted maximum”; and

Terrorism Bill
Part 2 — Miscellaneous provisions
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(b)
in subsection (5)(c) (exception for material selected before the end of the
first working day after a relevant change of circumstances), for the
words from “the first working day” onwards substitute “the permitted
period”.
(6)
After subsection (3) of that section insert—
5
“(3A)
In subsection (3)(b) ‘the permitted maximum’ means—
(a)
in the case of material the examination of which is certified for
the purposes of section 8(4) as necessary in the interests of
national security, six months; and
(b)
in any other case, three months.”
10
(7)
After subsection (5) of that section insert—
“(5A)
In subsection (5)(c) ‘the permitted period’ means—
(a)
in the case of material the examination of which is certified for
the purposes of section 8(4) as necessary in the interests of
national security, the period ending with the end of the fifth
15
working day after it first appeared as mentioned in subsection
(5)(a) to the person to whom the warrant is addressed; and
(b)
in any other case, the period ending with the end of the first
working day after it first so appeared to that person.”
32
Disclosure notices for the purposes of terrorist investigations
20
(1)
In section 60 of the Serious Organised Crime and Police Act 2005 (c. 15)
(investigatory powers of DPP etc.), in subsection (1), after “applies” insert “or
in connection with a terrorist investigation”.
(2)
After subsection (6) insert—
“(7)
In this Chapter ‘terrorist investigation’ means an investigation of—
25
(a)
the commission, preparation or instigation of acts of terrorism,
(b)
any act or omission which appears to have been for the
purposes of terrorism and which consists in or involves the
commission preparation or instigation of an offence, or
(c)
the commission, preparation or instigation of an offence under
30
the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism
Act 2005.”
(3)
In section 62 of that Act (disclosure notices), insert—
“(1A)
If it appears to the Investigating Authority—
(a)
that any person has information (whether or not contained in a
35
document) which relates to a matter relevant to a terrorist
investigation, and
(b)
that there are reasonable grounds for believing that information
which may be provided by that person in compliance with a
disclosure notice is likely to be of substantial value (whether or
40
not by itself) to that investigation,

he may give, or authorise an appropriate person to give, a disclosure
notice to that person.”
(4)
In section 70(1) of that Act (interpretation of Chapter 1)—

Terrorism Bill
Part 3 — Supplemental provisions
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(a)
before the definition of “appropriate person” insert—
“‘act of terrorism’ includes anything constituting an action
taken for the purposes of terrorism, within the meaning
of the Terrorism Act 2000 (c. 11) (see section 1(5) of that
Act);”
5
(b)
after the definition of “document” insert—
“‘terrorism’ has the same meaning as in the Terrorism Act
2000 (see section 1(1) to (4) of that Act);
‘terrorist investigation’ has the meaning given by section
60(7).”
10
Definition of terrorism etc.
33
Amendment of the definition of “terrorism” etc.
In each of—
(a)
section 1(1)(b) of the Terrorism Act 2000 (under which actions and
threats designed to influence a government may be terrorism), and
15
(b)
section 113(1)(c) of the Anti-terrorism, Crime and Security Act 2001
(c. 24) (offence of using noxious substances or things to influence a
government or to intimidate),
after “government” insert “or an international governmental organisation”.
Other amendments
20
34
Applications for extended detention of seized cash
(1)
In paragraph 3 of Schedule 1 to the Anti-terrorism, Crime and Security Act
2001 (application relating to period of detention of seized terrorist cash), after
sub-paragraph (3) insert—
   “(3A)
An application to a justice of the peace or the sheriff for an order
25
under sub-paragraph (2) making the first extension of the period—
(a)
may be made and heard without notice of the application or
hearing having been given to any of the persons affected by
the application or to the legal representative of such a person,
and
30
(b)
may be heard and determined in private in the absence of
persons so affected and of their legal representatives.”
(2)
This section applies to applications made after the commencement of this
section.
Part 3
35
Supplemental provisions
35
Review of terrorism legislation
(1)
The Secretary of State must appoint a person to review the operation of the
provisions of the Terrorism Act 2000 and of Part 1 of this Act.

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Part 3 — Supplemental provisions
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(2)
That person may, from time to time, carry out a review of those provisions and,
where he does so, must send a report on the outcome of his review to the
Secretary of State as soon as reasonably practicable after completing the
review.
(3)
That person must carry out and report on his first review under this section
5
before the end of the period of 12 months after the laying before Parliament of
the last report to be so laid under section 126 of the Terrorism Act 2000 before
the commencement of this section.
(4)
That person must carry out and report on a review under this section at least
once in every twelve month period ending with an anniversary of the end of
10
the twelve month period mentioned in subsection (3).
(5)
On receiving a report under this section, the Secretary of State must lay a copy
of it before Parliament.
(6)
The Secretary of State may, out of money provided by Parliament, pay a person
appointed to carry out a review under this section, both his expenses and also such
15
allowances as the Secretary of State determines.
36
Consequential amendments and repeals
(1)
In section 32(e) of the Terrorism Act 2000 (c. 11) (meaning of “terrorist
investigation”), after “offence under this Act” insert “or under Part 1 of the
Terrorism Act 2005 other than an offence under section 1 or 2 of that Act”.
20
(2)
In section 117 of that Act (consents to prosecutions), for subsection (3)
substitute—
“(2A)
But if it appears to the Director of Public Prosecutions or the Director of
Public Prosecutions for Northern Ireland that an offence to which this
section applies has been committed for a purpose wholly or partly
25
connected with the affairs of a country other than the United Kingdom,
his consent for the purposes of this section may be given only with the
permission—
(a)
in the case of the Director of Public Prosecutions, of the
Attorney General; and
30
(b)
in the case of the Director of Public Prosecutions for Northern
Ireland, of the Advocate General for Northern Ireland.
(2B)
In relation to any time before the coming into force of section 27(1) of
the Justice (Northern Ireland) Act 2002, the reference in subsection (2A)
to the Advocate General for Northern Ireland is to be read as a
35
reference to the Attorney General for Northern Ireland.”
(3)
After section 120 of that Act insert—
“120A
Supplemental powers of court in respect of forfeiture orders
(1)
Where court makes an order under section 54, 58 or 103 for the
forfeiture of anything, it may also make such other provision as appears
40
to it to be necessary for giving effect to the forfeiture.
(2)
That provision may include, in particular, provision relating to the
retention, handling, disposal or destruction of what is forfeited.
(3)
Provision made by virtue of this section may be varied at any time by
the court that made it.”
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Terrorism Bill
Part 3 — Supplemental provisions
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(4)
In Part 1 of Schedule 9 to that Act (scheduled offences), at the end insert—
“Terrorism Act 2005
22C
Offences under Part 1 of the Terrorism Act 2005 (terrorism-related
offences).”
(5)
The enactments listed in column 1 of Schedule 3 are repealed to the extent set
5
out in column 2 of that Schedule.
37
Expenses
There shall be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable out of such money under any other Act.
38
Short title, commencement and extent
10
(1)
This Act may be cited as the Terrorism Act 2005.
(2)
This Act (apart from this section) shall come into force on such day as the
Secretary of State may by order made by statutory instrument appoint.
(3)
An order made under subsection (2) may make different provision for different
purposes.
15
(4)
Subject to section 17(6), an amendment or repeal by this Act of another
enactment has the same extent as the enactment amended or repealed.
(5)
Subject to section 17(6) and to subsection (4) of this section, this Act extends to
the whole of the United Kingdom.
(6)
Her Majesty may by Order in Council direct that this Act shall extend, with
20
such modifications as appear to Her Majesty to be appropriate, to any of the
Channel Islands or the Isle of Man.
(7)
In subsection (6) “modification” includes omissions, additions and alterations.