Terrorism Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 2 — Miscellaneous provisions
31

(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
32

(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.

Terrorism Bill
Part 3 — Supplemental provisions
33

(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
15
such 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.”
45

Terrorism Bill
Part 3 — Supplemental provisions
34

(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.
10
38
Short title, commencement and extent
(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
15
purposes.
(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.
20
(6)
Her Majesty may by Order in Council direct that this Act shall extend, with
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.