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25 | All premises warrants: England and Wales and Northern Ireland |
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(1) | Part 1 of Schedule 5 to the Terrorism Act 2000 (c. 11) (searches etc. for the |
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purposes of terrorist investigations in England and Wales and Northern |
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Ireland) is amended as follows. |
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(2) | In paragraph 1 (search warrants authorising entry to specified premises), in |
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sub-paragraph (2)(a), for “the premises specified in the warrant” substitute |
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“premises mentioned in sub-paragraph (2A)”. |
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(3) | After sub-paragraph (2) of that paragraph insert— |
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“(2A) | The premises referred to in sub-paragraph (2)(a) are— |
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(a) | one or more sets of premises specified in the application (in |
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which case the application is for a ‘specific premises |
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(b) | any premises occupied or controlled by a person specified in |
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the application, including such sets of premises as are so |
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specified (in which case the application is for an ‘all premises |
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(4) | In sub-paragraph (5) of that paragraph— |
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(a) | in paragraph (b), for “premises specified in the application” substitute |
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“premises to which the application relates”; |
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(b) | in paragraph (c), at the end insert “, and”; and |
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(c) | after that paragraph insert— |
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“(d) | in the case of an application for an all premises |
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warrant, that it is not reasonably practicable to specify |
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in the application all the premises which the person so |
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specified occupies or controls and which might need |
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(5) | In paragraph 2 (warrants as to which special conditions are satisfied), in sub- |
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paragraph (1), after “an application” insert “for a specific premises warrant”. |
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(6) | After that paragraph insert— |
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“2A (1) | This paragraph applies where an application for an all premises |
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warrant is made under paragraph 1 and— |
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(a) | the application is made by a police officer of at least the rank |
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(b) | the justice to whom the application is made is not satisfied of |
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the matter referred to in paragraph 1(5)(c). |
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(2) | The justice may grant the application if satisfied of the matters |
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referred to in paragraph 1(5)(a), (b) and (d). |
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(3) | Where a warrant under paragraph 1 is issued by virtue of this |
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paragraph, the powers under paragraph 1(2)(a) and (b) are |
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(a) | in respect of premises which are not residential premises, and |
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(b) | within the period of 24 hours beginning with the time when |
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(4) | For the purpose of sub-paragraph (3) ‘residential premises’, in |
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relation to a power under paragraph 1(2)(a) or (b), means any |
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premises which the constable exercising the power has reasonable |
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grounds for believing are used wholly or mainly as a dwelling.” |
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(7) | In paragraph 11 (applications for search warrants involving excluded or |
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special procedure material), in sub-paragraph (2)(a), for “the premises |
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specified in the warrant” substitute “premises mentioned in sub-paragraph |
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(8) | After sub-paragraph (3) of that paragraph insert— |
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“(3A) | The premises referred to in sub-paragraph (2)(a) are— |
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(a) | one or more sets of premises specified in the application (in |
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which case the application is for a ‘specific premises |
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(b) | any premises occupied or controlled by a person specified in |
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the application, including such sets of premises as are so |
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specified (in which case the application is for an ‘all premises |
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(9) | In paragraph 12 (grant of applications where excluded or special procedure |
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material is involved), in each of sub-paragraphs (1) and (2), after “an |
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application” insert “for a specific premises warrant”. |
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(10) | After sub-paragraph (2) of that paragraph insert— |
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“(2A) | A Circuit judge or a District Judge (Magistrates’ Courts) may grant |
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an application for an all premises warrant under paragraph 11 if |
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(a) | that an order made under paragraph 5 has not been complied |
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(b) | that the person specified in the application is also specified in |
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(2B) | A Circuit judge or a District Judge (Magistrates’ Courts) may also |
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grant an application for an all premises warrant under paragraph 11 |
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if satisfied that there are reasonable grounds for believing— |
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(a) | that there is material on premises to which the application |
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relates which consists of or includes excluded material or |
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special procedure material but does not include items subject |
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(b) | that the conditions in sub-paragraphs (3) and (4) are met.” |
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(11) | In sub-paragraph (4)(b) of that paragraph, for “the premises on which the |
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material is situated” substitute “premises to which the application for the |
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26 | All premises warrants: Scotland |
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(1) | Part 2 of Schedule 5 to the Terrorism Act 2000 (c. 11) (searches etc. for the |
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purposes of terrorist investigations in Scotland) is amended as follows. |
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(2) | In paragraph 28 (search warrants authorising entry to specified premises in |
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Scotland), in sub-paragraph (2)(a), for “the premises specified in the warrant” |
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substitute “premises mentioned in sub-paragraph (2A)”. |
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(3) | After sub-paragraph (2) of that paragraph insert— |
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“(2A) | The premises referred to in sub-paragraph (2)(a) are— |
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(a) | one or more sets of premises specified in the application (in |
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which case the application is for a ‘specific premises |
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(b) | any premises occupied or controlled by a person specified in |
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the application, including such sets of premises as are so |
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specified (in which case the application is for an ‘all premises |
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(4) | In sub-paragraph (4) of that paragraph— |
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(a) | in paragraph (b), for “premises specified in the application” substitute |
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“premises to which the application relates”; |
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(b) | in paragraph (c), at the end insert “, and”; and |
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(c) | after that paragraph insert— |
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“(d) | in the case of an application for an all premises |
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warrant, that it is not reasonably practicable to specify |
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in the application all the premises which the person so |
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specified occupies or controls and which might need |
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(5) | In sub-paragraph (5) of that paragraph, for “a warrant” substitute “a specific |
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(6) | After sub-paragraph (6) of that paragraph insert— |
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“(6A) | Where an all premises warrant is granted, entry and search in |
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pursuance of the warrant of any premises which are non-residential |
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premises must be within the period of 24 hours beginning with the |
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time when the warrant is granted. |
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(6B) | For the purpose of sub-paragraph (6A) “non-residential premises” |
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means any premises other than those which the constable executing |
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the warrant has reasonable grounds for believing are used wholly or |
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(7) | In paragraph 29 (conditions for grant of warrant under paragraph 28)— |
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(a) | in sub-paragraph (1)(a), after “with” insert “and, in the case of an |
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application for an all premises warrant, the person specified in the |
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order in pursuance of paragraph 22(3) is also specified in the |
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(b) | in sub-paragraph (2)(b), for “on which the material is situated” |
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substitute “to which the application for the warrant relates”. |
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(8) | In paragraph 33(2) (power to open lockfast places)— |
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(a) | for “premises specified in” substitute “premises which he is entitled to |
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enter in pursuance of”; and |
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(b) | for “a notice under paragraph 32” substitute “an order under paragraph |
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27 | Search, seizure and forfeiture of terrorist publications |
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(1) | If a justice of the peace is satisfied that there are reasonable grounds for |
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suspecting that articles to which this section applies are likely to be found on |
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any premises, he may issue a warrant authorising a constable— |
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(a) | to enter and search the premises; and |
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(b) | to seize anything found there which the constable has reason to believe |
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(2) | This section applies to an article if— |
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(a) | it is likely to be the subject of conduct mentioned in subsection (1)(a) to |
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(b) | it would fall for the purposes of that section to be treated, in the context |
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of the conduct to which it is likely to be subject, as a terrorist |
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(3) | A person exercising a power conferred by a warrant under this section may use |
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such force as is reasonable in the circumstances for exercising that power. |
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(4) | An article seized under the authority of a warrant issued under this section— |
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(a) | may be removed by a constable to such place as he thinks fit; and |
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(b) | must be retained there in the custody of a constable until returned or |
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otherwise disposed of in accordance with this Act. |
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(5) | An article to which this section applies which is seized under the authority of |
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a warrant issued under this section on an information laid by or on behalf of |
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the Director of Public Prosecutions or the Director of Public Prosecutions for |
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(a) | shall be liable to forfeiture; and |
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(b) | if forfeited, may be destroyed or otherwise disposed of by a constable |
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in whatever manner he thinks fit. |
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(6) | In Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers which |
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relate to the seizure of property in bulk)— |
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(a) | in Part 1, at the end insert— |
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“73H | The power of seizure conferred by section 27 of the Terrorism |
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(b) | in Part 3, at the end insert— |
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“113 | The power of seizure conferred by section 27 of the Terrorism |
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(a) | the Police (Property) Act 1897 (c. 30) (property seized in the |
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investigation of an offence), or |
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(b) | section 31 of the Police (Northern Ireland) Act 1998 (c. 32) (which |
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makes similar provision in Northern Ireland), |
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| applies to an article seized under the authority of a warrant under this section. |
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(8) | Schedule 2 (which makes provision about the forfeiture of articles to which this |
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section applies) has effect. |
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“article” has the same meaning as in Part 1 of this Act; |
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“forfeited” means treated or condemned as forfeited under Schedule 2, |
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and “forfeiture” is to be construed accordingly; |
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“premises” has the same meaning as in the Police and Criminal Evidence |
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Act 1984 (c. 60) (see section 23 of that Act). |
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(10) | In the application of this section to Scotland— |
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(a) | in subsection (1), for the words from the beginning to “satisfied” |
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substitute “If a sheriff, on the application of a procurator fiscal, is |
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(b) | in subsection (5) omit “on an information laid by or on behalf of the |
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Director of Public Prosecutions or the Director of Public Prosecutions |
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(c) | in subsection (9), for the definition of ‘“premises” substitute— |
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“‘premises’ has the same meaning as in the Terrorism Act |
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2000 (c. 11) (see section 121 of that Act).” |
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28 | Power to search vehicles under Schedule 7 to the Terrorism Act 2000 |
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In paragraph 8 of Schedule 7 to the Terrorism Act 2000 (search of a person at a |
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port or in the border area to ascertain if he is involved in terrorism), after sub- |
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“(e) | search a vehicle which is on a ship or aircraft; |
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(f) | search a vehicle which the examining officer reasonably |
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believes has been, or is about to be, on a ship or aircraft.” |
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29 | Extension to internal waters of authorisations to stop and search |
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(1) | The Terrorism Act 2000 is amended as follows. |
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(2) | In section 44 (authorisations for stop and search), after subsection (4) insert— |
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“(4ZA) | The power of a person mentioned in subsection (4) to give an |
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authorisation specifying an area or place so mentioned includes power |
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to give such an authorisation specifying such an area or place together |
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(a) | the internal waters adjacent to that area or place; or |
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(b) | such area of those internal waters as is specified in the |
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(3) | After subsection (5) of that section insert— |
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‘driver’, in relation to an aircraft, hovercraft or vessel, means the |
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captain, pilot or other person with control of the aircraft, |
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hovercraft or vessel or any member of its crew and, in relation |
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to a train, includes any member of its crew; |
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‘internal waters’ means waters in the United Kingdom that are not |
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comprised in any police area.” |
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(4) | In section 45 (exercise of powers), after subsection (6) insert— |
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“(7) | In this section ‘driver’ has the same meaning as in section 44.” |
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Other investigatory powers |
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30 | Amendment of the Intelligence Services Act 1994 (c. 13) |
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(1) | The Intelligence Services Act 1994 is amended as follows. |
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(2) | In subsection (1) of section 6 (persons under whose hand a warrant to act |
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within the British Islands may be issued), after paragraph (c) insert “or |
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(d) | in an urgent case where the Secretary of State has expressly |
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authorised the issue of warrants in accordance with this |
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paragraph by specified senior officials and a statement of that |
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fact is endorsed on the warrant, under the hand of any of the |
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(3) | After that subsection insert— |
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“(1A) | But a warrant issued in accordance with subsection (1)(d) may |
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authorise the taking of an action only if the action is an action in relation |
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to property which, immediately before the issue of the warrant, would, |
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if done outside the British Islands, have been authorised by virtue of an |
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authorisation under section 7 that was in force at that time.” |
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(1B) | A senior official who issues a warrant in accordance with subsection |
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(1)(d) must inform the Secretary of State about the issue of the warrant |
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as soon as practicable after issuing it.” |
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(4) | In subsection (2)(b) of that section (duration of warrants issued by senior |
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officials), for “second” substitute “fifth”. |
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(5) | In subsection (6)(b) of section 7 (duration of authorisations to act outside the |
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British Islands that are issued by senior officials), for “second” substitute |
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(6) | After subsection (9) of that section insert— |
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(a) | a person is authorised by virtue of this section to do an act |
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outside the British Islands in relation to property, |
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(b) | the act is one which, in relation to property within the British |
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Islands, is capable of being authorised by a warrant under |
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(c) | a person authorised by virtue of this section to do that act |
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outside the British Islands, does the act in relation to that |
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property while it is within the British Islands, and |
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(d) | the act is done in circumstances falling within subsection (11) or |
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| this section shall have effect as if the act were done outside the British |
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Islands in relation to that property. |
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(11) | An act is done in circumstances falling within this subsection if it is |
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done in relation to the property at a time when it is believed to be |
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outside the British Islands. |
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(12) | An act is done in circumstances falling within this subsection if it — |
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(a) | is done in relation to property which was mistakenly believed |
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to be outside the British Islands either when the authorisation |
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under this section was given or at a subsequent time or which |
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has been brought within the British Islands since the giving of |
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(b) | is done before the end of the fifth working day after the day on |
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which the presence of the property in the British Islands first |
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(13) | In subsection (12) the reference to the day on which the presence of the |
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property in the British Islands first becomes known is a reference to the |
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day on which it first appears to a member of the Intelligence Service or |
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of GCHQ, after the relevant time— |
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(a) | that the belief that the property was outside the British Islands |
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(b) | that the property is within those Islands. |
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(14) | In subsection (13) ‘the relevant time’ means, as the case may be— |
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(a) | the time of the mistaken belief mentioned in subsection (12)(a); |
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(b) | the time at which the property was, or was most recently, |
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brought within the British Islands.” |
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(1) | The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows. |
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(2) | In section 9(6) (period for which interception warrants can be issued or |
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renewed), after paragraph (a) insert— |
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“(ab) | in relation to an unrenewed warrant which is endorsed under |
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the hand of the Secretary of State with a statement that the issue |
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of the warrant is believed to be necessary on grounds falling |
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within section 5(3)(a) or (c), means the period of six months |
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beginning with the day of the warrant’s issue;”. |
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(3) | For subsection (6) of section 10 (prohibition on modification of scheduled parts |
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of warrant by the person to whom the warrant is addressed or his |
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subordinates) substitute— |
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“(6) | Subsection (4) authorises the modification of the scheduled parts of an |
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interception warrant under the hand of a senior official who is either— |
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(a) | the person to whom the warrant is addressed, or |
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(b) | a person holding a position subordinate to that person, |
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| only if the applicable condition specified in subsection (6A) is satisfied |
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and a statement that the condition is satisfied is endorsed on the |
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(6A) | The applicable condition is— |
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(a) | in the case of an unrenewed warrant, that the warrant is |
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endorsed with a statement that the issue of the warrant is |
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believed to be necessary in the interests of national security; and |
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(b) | in the case of a renewed warrant, that the instrument by which |
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it was last renewed is endorsed with a statement that the |
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renewal is believed to be necessary in the interests of national |
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(4) | In subsection (9)(b) (modifications made otherwise than by Secretary of State |
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ceasing to have effect after five days), after “(5A)(b)” insert “, (6)”. |
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(5) | In section 16 (extra safeguards in the case of certificated warrants)— |
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(a) | in subsection (3)(b) (exception for communications sent during a |
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specified three month period), for “a period of not more than three |
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months specified in the certificate” substitute “a period specified in the |
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certificate that is no longer than the permitted maximum”; and |
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