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| Wednesday 9th November 2005 |
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| Terrorism Bill, As Amended
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| Mr Robert Marshall-Andrews |
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| Page 21, line 24, leave out Clauses 23 and 24. |
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| Page 22, line 7 [Clause 23], leave out ‘special’. |
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| Page 22, line 10 [Clause 23], at end insert— |
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| | ‘( ) | In paragraph 36 (applications for extension or further extension), omit the words |
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| | “to a judicial authority” in sub-paragraph (1), and after that sub-paragraph |
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| | “(1A) | The person to whom an application under sub-paragraph (1) may be |
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| | (a) | in the case of an application falling within sub-paragraph |
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| | (1B), a judicial authority; and |
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| | (b) | in any other case, a senior judge. |
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| | (1B) | An application for the extension or further extension of a period falls |
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| | within this sub-paragraph if— |
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| | (a) | the grant of the application otherwise than in accordance with |
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| | sub-paragraph (3AA)(b) would extend that period to a time |
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| | that is no more than fourteen days after the relevant time; and |
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| | (b) | no application has previously been made to a senior judge in |
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| | respect of that period.”’. |
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| Page 22, line 10 [Clause 23], at end insert— |
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| | ‘( ) | In sub-paragraph (3) of paragraph 33, after “hearing”, insert “provided |
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| | that the authority is satisfied, following representations made by a |
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| | Minister of the Crown, that there are overriding reasons of national |
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| Page 22, line 10 [Clause 23], at end insert— |
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| | ‘( ) | In sub-paragraph (4) of paragraph 34, after “paragraph”, insert “provided |
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| | that the authority is satisfied, following representations made by a |
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| | Minister of the Crown, that there are overriding reasons of national |
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| Page 22, line 11 [Clause 23], leave out ‘paragraph 36’ and insert ‘that paragraph’. |
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| Page 22, line 13 [Clause 23], leave out ‘new specified period’ and insert ‘period by |
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| which the specified period is extended or further extended’. |
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| Page 22, line 19 [Clause 23], leave out ‘three months’ and insert ‘ninety days’. |
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| Page 22, line 19 [Clause 23], leave out ‘three months’ and insert ‘28 days’. |
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| | As an Amendment to Mr David Winnick’s proposed Amendment (No. 1) (Page 22, line |
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| Leave out ‘28’ and insert ‘90’. |
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| Page 22, line 19 [Clause 23], leave out ‘three months’ and insert ‘60 days’. |
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| Page 22, line 28 [Clause 23], after ‘authority’, insert ‘or senior judge’. |
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| Page 22, line 33 [Clause 23], after ‘authority’, insert ‘or senior judge’. |
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| Page 22, line 33 [Clause 23], leave out ‘special’. |
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| Page 22, line 36 [Clause 23], at end insert— |
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| | ‘(3AB) | Where the new specified period will end more than 14 days after the relevant |
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| | (a) | the specified period may only be extended— |
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| | (i) | pending the result of an examination or analysis which is to be or |
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| | is being carried out with a view to obtaining relevant evidence, or |
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| | (ii) | for the purpose of obtaining relevant evidence from outside the |
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| | United Kingdom or from records within the United Kingdom |
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| | which cannot reasonably be obtained without such an extension |
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| | (b) | the specified period may only be extended if the judicial authority is |
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| | satisfied that there is no reasonable possibility of the detainee being |
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| | charged immediately with another offence relating to terrorism or a |
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| | (c) | the judicial authority must approve the nature of any further questioning |
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| | of the detainee during the new specified period.’. |
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| Page 22, line 36 [Clause 23], at end insert— |
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| | ‘( ) | In sub-paragraph (4) of that paragraph (application of paragraphs 30(3), and 31 to |
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| | 34), at the end insert “but, in relation to an application made by virtue of sub- |
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| | paragraph (1A)(b) to a senior judge, as if— |
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| | (a) | references to a judicial authority were references to a senior judge; and |
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| | (b) | references to the judicial authority in question were references to the |
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| | senior judge in question.” |
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| | ( ) | In sub-paragraph (5) of that paragraph, after “authority” insert “or senior judge”. |
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| | ( ) | After sub-paragraph (6) of that paragraph insert— |
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| | “(7) | In this paragraph and paragraph 37 ‘senior judge’ means a judge of the |
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| | High Court or of the Court of Session.”’. |
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| Page 22, line 45 [Clause 23], after ‘authority’, insert ‘or senior judge’. |
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| Page 23, line 6 [Clause 23], at end insert— |
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| | ‘(6A) | Paragraph 36 has effect in relation to any further extension for a period beginning |
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| | one year or more after the commencement of this section as if, in sub-paragraph |
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| | (3)(b) of that paragraph, for “ninety days” there were substituted “fourteen days”. |
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| | (6B) | The Secretary of State may by order— |
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| | (a) | repeal subsection (6A); or |
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| | (b) | make such modifications of paragraph 36 as he considers appropriate in |
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| | consequence of his not having made an order repealing that subsection. |
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| | (6C) | If when the period of one year after the commencement of this section ends— |
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| | (a) | an individual is being detained by virtue of a further extension under |
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| | (b) | the period for which his further detention is authorised ends more than |
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| | fourteen days after the relevant time (within the meaning of that |
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| | (c) | no order repealing subsection (6A) has been made, |
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| | | the person with custody of that person must release him (if that fourteen days has |
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| | already expired) immediately and (if it has not) at the end of that fourteen days. |
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| | (6D) | An order under subsection (6B) has to be made by statutory instrument and, in the |
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| | case of an order repealing subsection (6A), may not be made more than one year |
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| | after the commencement of this section. |
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| | (6E) | The Secretary of State must not make an order containing (with or without other |
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| | provision) any provision authorised by subsection (6B) unless a draft of the order |
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| | has been laid before Parliament and approved by a resolution of each House.’. |
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| Page 23, line 6 [Clause 23], at end insert— |
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| | ‘(6A) | After paragraph 37 insert— |
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| | “37A (1) | Any detained person who has been released— |
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| | (a) | in accordance with the provisions of paragraph 37 having |
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| | been detained for not less than 14 days, or |
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| | (b) | owing to the effluxion of time |
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| | | (“the ex-detainee”), shall be entitled to claim full compensation for his |
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| | financial losses resulting from his detention. |
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| | (2) | The Secretary of State shall, within 3 months of the coming into force |
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| | of section 23 of the Terrorism Act 2005, make regulations establishing |
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| | a compensation scheme for ex-detainees. |
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| | (3) | Regulations under sub-paragraph (2) shall be made by statutory |
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| | instrument and shall be subject to annulment in pursuance of a |
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| | resolution of either House of Parliament.”.’. |
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| | Extension of period of detention by judicial authority: duration |
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| To move the following Clause:— |
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| | ‘(1) | The provisions of section 23 of this Act shall remain in force until one year after |
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| | their commencement and shall then expire unless continued in force by an order |
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| | under subsection (2) below. |
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| | (2) | The Secretary of State may by order made by statutory instrument provide— |
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| | (a) | that all or any of those provisions which are in force shall continue in |
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| | force for a period not exceeding twelve months from the coming into |
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| | opertion of the order; or |
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| | (b) | that all or any of those provisions which are for the time being in force |
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| | shall cease to be in force. |
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| | (3) | No order shall be made under subsection (2) above unless a draft of the order has |
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| | been laid before and approved by a resolution of each House of Parliament.’. |
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| | Discretion of judicial authority in relation to national security |
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| To move the following Clause:— |
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| | ‘A judicial authority may only extend a period of detention under sections 23 or |
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| | 24 of this Act when that authority is satisfied, following representations made by |
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| | a Minister of the Crown, that there are overriding reasons of national security.’. |
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| | Disapplication of Human Rights Act 1998 |
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| To move the following Clause:— |
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| | ‘Sections 23 and 24 of this Act shall take effect notwithstanding the Human |
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| | Rights Act 1998 (c. 42).’. |
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| | Definition of ‘judicial authority’ |
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| To move the following Clause:— |
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| | ‘For the purposes of sections 23 and 24 of this Act, “judicial authority” shall |
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| | mean, in England, Wales and Northern Ireland, a person designated by the Lord |
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| | Chancellor only where he is satisfied that the judge or magistrate in question has |
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| | appropriate experience of determining terrorist cases and shall include judges of |
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| | the Crown Court and High Court.’. |
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| | Detention under the Terrorism Acts |
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| To move the following Clause:— |
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| | ‘(1) | Where, under the Terrorism Act 2000, an Act amending that Act, or this Act, a |
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| | person is in police detention or is otherwise detained, he shall have the right to |
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| | apply for a writ of habeas corpus, or other prerogative remedy and to a fair trial |
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| | in accordance with due process and the rule of law. |
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| | (2) | Subsection (1) shall have effect notwithstanding the Human Rights Act 1998 (c. |
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| To move the following Clause:— |
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| | ‘The provisions of section 23 of this Act shall remain in force until one year after |
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| | their commencement and shall then expire.’. |
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| To move the following Clause:— |
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| | ‘(1) | Part V of the Terrorism Act 2000 (counter terrorist powers) is amended as |
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| | (2) | In section 44 (authorisations to stop and search)— |
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| | (a) | for subsection (3), for the words from “if” to the end of that subsection |
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| | substitute “if the person giving it reasonably believes it to be necessary |
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| | for the prevention of acts of terrorism”; |
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| | (b) | after subsection (3), insert— |
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| | “(3A) | The area or place specified in the authorisation, within which the |
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| | power conferred by the authorisation may be exercised, must be |
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| | no greater than is proportionate to the nature of the specific |
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| | | after “given” insert “for a period specified in the authorisation |
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| | for subsection (4)(a) to subsection (4)(d), omit “the whole or”; |
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| | (d) | for subsections (4A), (4B) and (4BA), after “given” insert “for a period |
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| | specified in the authorisation not exceeding 24 hours”; |
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| | (e) | after subsection (4C) insert— |
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| | “(4D) | An authorisation may be given for a period specified in the |
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| | authorisation not exceeding 28 days by the Secretary of State, |
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| | who must lay the authorisation before both Houses of Parliament |
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| | as soon as reasonably practicable.”; |
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| | (f) | after subsection (5), insert— |
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| | “(6) | An authorisation must be publicised within 7 days of it being |
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| | (7) | Publicity under subsection (6) above shall be effected in such |
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| | manner as the Secretary of State considers appropriate for the |
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| | purpose of bringing the information to the attention of the |
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| | (3) | In section 46 (duration of authorisation)— |
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| | (a) | for subsection (1), substitute— |
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| | “(1) | Where an authorisation has been given by a person listed in |
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| | section 44(4), if it is considered by the person who gave the |
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| | authorisation, or a person who could have given it, that it is |
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| | necessary to do so having regard to the nature of the specific |
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| | threat of terrorism, he may apply to a High Court judge for an |
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