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65 | Specially appointed coroners |
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(1) | After section 18 of the Coroners Act 1988 (c. 13) insert— |
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“Inquests: specially appointed coroners |
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18A | Appointment of specially appointed coroners |
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(1) | If the Secretary of State issues a certificate under section 8A in relation |
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to an inquest, the Secretary of State may appoint a person (a “specially |
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appointed coroner”) to hold the inquest. |
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(2) | A person may not be appointed under this section unless the person— |
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(b) | would be qualified under section 2(1) to be appointed as |
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(3) | A specially appointed coroner may be appointed under this section— |
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(a) | in relation to an inquest that has not begun, or |
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(b) | in relation to an inquest that has begun, at any time before its |
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(4) | An appointment may be made under this section whether the person |
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who would be required to hold the inquest apart from the appointment |
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would have jurisdiction to do so by virtue of— |
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(a) | the fact that the body of the deceased is lying in that person’s |
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(b) | an order of the High Court under section 13 (order to hold |
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(c) | an agreement or direction by the Secretary of State under |
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section 14 (inquest out of jurisdiction), |
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(d) | a direction by the Secretary of State under section 15 (inquest |
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where body destroyed or irrecoverable), or |
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(e) | a previous appointment under this section. |
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18B | Effect of appointment of specially appointed coroner |
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(1) | Where a specially appointed coroner is appointed under section 18A to |
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(a) | the specially appointed coroner, and not the person who would |
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be required to hold the inquest apart from the appointment, has |
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jurisdiction to hold the inquest and must hold it accordingly, |
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(b) | the person who would otherwise be required to hold the |
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inquest ceases to have any powers or duties in relation to the |
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inquest or the body of the deceased. |
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(2) | If the inquest has begun— |
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(a) | the specially appointed coroner must proceed in all respects as |
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if the inquest had not previously begun, and |
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(b) | the provisions of this Act apply accordingly as if that were the |
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(3) | In relation to the inquest and the body of the deceased, the specially |
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(a) | has the same jurisdiction and powers, |
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(b) | is subject to the same obligations, liabilities and |
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(c) | generally is subject to the provisions of this Act and to the law |
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relating to coroners and coroners’ inquests in the same manner, |
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| as if the specially appointed coroner were the coroner for the original |
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| This is subject to provision made by regulations under subsection (4). |
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(4) | The Secretary of State may by regulations made by statutory |
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instrument provide for this Act and the law relating to coroners and |
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coroners’ inquests to have effect in relation to specially appointed |
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coroners with such modifications as may be specified in the |
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(5) | A statutory instrument containing regulations under subsection (4) is |
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subject to annulment in pursuance of a resolution of either House of |
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(6) | The Secretary of State may pay a specially appointed coroner such |
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remuneration and allowances as the Secretary of State thinks fit. |
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(7) | In this section and section 18C “the original coroner”, in relation to an |
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inquest, means the coroner who would have jurisdiction to hold the |
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inquest if no appointment had been made under section 18A in relation |
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18C | Revocation of appointment of specially appointed coroner |
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(1) | The Secretary of State may revoke the appointment of a specially |
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appointed coroner to hold an inquest— |
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(a) | if the Secretary of State considers that the specially appointed |
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coroner is unable to hold, or to continue to hold, the inquest, |
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(b) | on the grounds of the specially appointed coroner’s |
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(c) | if the Secretary of State revokes the certificate issued under |
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section 8A in relation to the inquest. |
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(2) | Where the Secretary of State acts under subsection (1)(a) or (b) the |
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Secretary of State must make a further appointment under section 18A. |
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(3) | Where the Secretary of State acts under subsection (1)(c)— |
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(a) | the original coroner, and not the specially appointed coroner, |
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has jurisdiction to hold the inquest and must hold it |
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(b) | the specially appointed coroner ceases to have any powers or |
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duties in relation to the inquest or the body of the deceased. |
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(4) | If the inquest has begun— |
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(a) | the original coroner must proceed in all respects as if the inquest |
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had not previously begun, and |
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(b) | the provisions of this Act apply accordingly as if that were the |
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(2) | This section has effect in relation to inquests that have begun, but have not |
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been concluded, before the day on which it comes into force as well as to |
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inquests beginning on or after that day. |
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66 | Inquiries: intercept evidence |
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(1) | In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) |
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(exceptions to exclusion of intercepted communications etc from legal |
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proceedings), in subsection (7), for paragraph (c) substitute— |
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“(c) | a disclosure to the panel of an inquiry held under the Inquiries |
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Act 2005 or to a person appointed as counsel to such an inquiry |
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where, in the course of the inquiry, the panel has ordered the |
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disclosure to be made to the panel alone or (as the case may be) |
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to the panel and the person appointed as counsel to the inquiry; |
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(2) | This section has effect in relation to inquiries under the Inquiries Act 2005 |
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(c. 12) that have begun, but have not come to an end, before the day on which |
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it comes into force as well as to such inquiries beginning or on after that day. |
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(3) | Section 14 of the Inquiries Act 2005 (end of inquiry) has effect for determining |
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when an inquiry under that Act comes to an end for those purposes. |
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67 | Inquests: intercept evidence |
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(1) | In section 18(7) of the Regulation of Investigatory Powers Act 2000, after |
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“(d) | a disclosure to a coroner or to a person appointed as counsel to |
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(i) | the Secretary of State has issued a certificate under |
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section 8A of the Coroners Act 1988 (certificate requiring |
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inquest to be held without a jury) in relation to the |
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(ii) | the coroner has ordered the disclosure to be made to the |
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coroner alone or (as the case may be) to the coroner and |
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the person appointed as counsel to the inquest.”. |
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(2) | In that section, after subsection (8A) insert— |
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“(8B) | A coroner shall not order a disclosure under subsection (7)(d) except |
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where the coroner is satisfied that the exceptional circumstances of the |
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case make the disclosure essential to enable the matters that are |
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required to be ascertained by the inquest to be ascertained.”. |
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(3) | In that section, after subsection (11) insert— |
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“(11A) | In relation to an inquest held or to be held by a specially appointed |
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coroner appointed under section 18A of the Coroners Act 1988, |
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references in this section to the coroner are to the specially appointed |
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(4) | This section has effect in relation to inquests that have begun, but have not |
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been concluded, before the day on which it comes into force as well as to |
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inquests beginning on or after that day. |
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Amendment of definition of “terrorism” etc |
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68 | Amendment of definition of “terrorism” etc |
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(1) | In the provisions listed below (which define “terrorism”, or make similar |
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provision, and require that the use or threat of action is made for the purpose |
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of advancing a political, religious or ideological cause), after “religious” insert |
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(a) | section 1(1)(c) of the Terrorism Act 2000 (c. 11), |
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(b) | section 113A(2) of the Anti-terrorism, Crime and Security Act 2001 (c |
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(c) | paragraph 4(2)(c) of Schedule 21 to the Criminal Justice Act 2003 (c. 44), |
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(d) | Article 2(3)(c) of the Terrorism (United Nations Measures) Order 2006 |
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(e) | Article 4(1)(c) of the Anti-terrorism (Financial and Other Measures) |
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(Overseas Territories) Order 2002 (SI 2002/1822), |
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(f) | Article 2(1)(a)(iii) of the Terrorism (United Nations Measures) |
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(Overseas Territories) Order 2001 (SI 2001/3366), |
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(g) | Article 3(1) of the Terrorism (United Nations Measures) (Isle of Man) |
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Order 2001 (SI 2001/3364), |
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(h) | Article 3(1) of the Terrorism (United Nations Measures) (Channel |
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Islands) Order 2001 (SI 2001/3363). |
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69 | Offences relating to information about members of armed forces |
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(1) | After section 58 of the Terrorism Act 2000 (collection of information) insert— |
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“58A | Eliciting, publishing or communicating information about members |
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(1) | A person commits an offence who— |
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(a) | elicits or attempts to elicit information about a person who is or |
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has been a member of Her Majesty’s Forces which is of a kind |
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likely to be useful to a person committing or preparing an act of |
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(b) | publishes or communicates information of that kind. |
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(2) | It is a defence for a person charged with an offence under this section |
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to prove that they had a reasonable excuse for their action. |
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(3) | A person guilty of an offence under this section is liable— |
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(a) | on conviction on indictment, to imprisonment for a term not |
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exceeding 10 years or to a fine, or to both; |
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(b) | on summary conviction— |
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(i) | in England and Wales or Scotland, to imprisonment for |
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a term not exceeding 12 months or to a fine not |
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exceeding the statutory maximum, or to both; |
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(ii) | in Northern Ireland, to imprisonment for a term not |
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exceeding 6 months or to a fine not exceeding the |
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statutory maximum, or to both.”. |
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(2) | In the application of section 58A in England and Wales in relation to an offence |
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committed before the commencement of section 154(1) of the Criminal Justice |
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Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as |
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(3) | In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a) |
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after “58,” insert “58A,”. |
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70 | Terrorist property: disclosure of information about possible offences |
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(1) | Part 3 of the Terrorism Act 2000 (c. 11) (terrorist property) is amended as |
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(2) | In section 19(1) (duty to disclose belief or suspicion that offence committed), in |
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paragraph (b) for “comes to his attention in the course of a trade, profession, |
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business or employment” substitute— |
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(i) | in the course of a trade, profession or business, or |
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(ii) | in the course of his employment (whether or not in the |
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course of a trade, profession or business).”. |
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(3) | After section 22 insert— |
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“22A | Meaning of “employment” |
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(a) | “employment” means any employment (whether paid or |
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(i) | work under a contract for services or as an office-holder, |
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(ii) | work experience provided pursuant to a training course |
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or programme or in the course of training for |
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(b) | “employer” has a corresponding meaning.”. |
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(4) | So far as the amendment in subsection (3) above extends any provision of |
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sections 19 to 21B of the Terrorism Act 2000 involving belief or suspicion to |
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cases to which that provision did not previously apply, that provision applies |
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where the belief or suspicion is held after subsection (3) above comes into force |
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even if based on information that came to the person’s attention before that |
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| In any such case sections 19(2), 21(3) and 21A(4) of that Act (duty to make |
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disclosure as soon as is reasonably practicable) are to be read as requiring the |
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person to act as soon as is reasonably practicable after subsection (3) above |
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