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Terrorism Bill


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—

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“(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.”

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(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

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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—

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(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

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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

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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

33

 

(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).”

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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

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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

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(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

34

 

(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

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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

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such allowances as the Secretary of State determines.

36      

Duration of s. 23

(1)   

The provisions of section 23 of this Act shall remain in force until one year after

their commencement and shall then expire unless continued in force by an

order under subsection (2) below.

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(2)   

The Secretary of State may by order made by statutory instrument provide—

(a)   

that all or any of those provisions which are in force shall continue in

force for a period not exceeding twelve months from the coming into

operation of the order; or

(b)   

that all or any of those provisions which are for the time being in force

25

shall cease to be in force.

(3)   

No order shall be made under subsection (2) above unless a draft of the order

has been laid before and approved by a resolution of each House of Parliament.

37      

Consequential amendments and repeals

(1)   

In section 32(e) of the Terrorism Act 2000 (c. 11) (meaning of “terrorist

30

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”.

(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

35

Public Prosecutions for Northern Ireland that an offence to which this

section applies has been committed for a purpose wholly or partly

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—

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(a)   

in the case of the Director of Public Prosecutions, of the

Attorney General; and

(b)   

in the case of the Director of Public Prosecutions for Northern

Ireland, of the Advocate General for Northern Ireland.

 
 

Terrorism Bill
Part 3 — Supplemental provisions

35

 

(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

reference to the Attorney General for Northern Ireland.”

(3)   

After section 120 of that Act insert—

5

“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

to it to be necessary for giving effect to the forfeiture.

(2)   

That provision may include, in particular, provision relating to the

10

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.”

(4)   

In Part 1 of Schedule 9 to that Act (scheduled offences), at the end insert—

“Terrorism Act 2005

15

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

out in column 2 of that Schedule.

38      

Expenses

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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.

39      

Short title, commencement and extent

(1)   

This Act may be cited as the Terrorism Act 2005.

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(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.

(4)   

Subject to section 17(6), an amendment or repeal by this Act of another

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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

such modifications as appear to Her Majesty to be appropriate, to any of the

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Channel Islands or the Isle of Man.

(7)   

In subsection (6) “modification” includes omissions, additions and alterations.

 
 

 
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Revised 10 November 2005