Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 7 — Miscellaneous
55

Costs of policing at gas facilities
77
Costs of policing at gas facilities: England and Wales
(1)
This section applies where the Secretary of State considers—
(a)
that the provision of extra police services at a gas facility in England or
Wales is necessary because of a risk of loss of or disruption to the
5
supply of gas connected with it, and
(b)
that the loss or disruption would have a serious impact on the United
Kingdom or any part of it.
(2)
In this section “extra police services” means—
(a)
the services of the Ministry of Defence Police provided under an
10
agreement with the Secretary of State for Defence under section 2(2)(e)
of the Ministry of Defence Police Act 1987 (c. 4), or
(b)
special police services provided under section 25(1) of the Police Act
1996 (c. 16) at the Secretary of State’s request.
(3)
The Secretary of State may require a designated gas transporter who has an
15
interest in the gas facility to pay all or part of the costs incurred by the Secretary
of State in respect of the provision of extra police services in or around the
facility.
(4)
In this section “gas facility” means a facility used for the purposes of, or for
purposes connected with, the transportation of gas from a gas shipper to a gas
20
transporter or gas supplier.
(5)
The reference in subsection (3) to a designated gas transporter having an
interest in a gas facility includes the facility being used for, or for purposes
connected with, the supply of gas to the transporter.
78
Costs of policing at gas facilities: Scotland
25
(1)
This section applies where the Secretary of State considers—
(a)
that the provision of extra police services at a gas facility in Scotland is
necessary because of a risk of loss of or disruption to the supply of gas
connected with it, and
(b)
that the loss or disruption would have a serious impact on the United
30
Kingdom or any part of it.
(2)
In this section “extra police services” means—
(a)
the services of the Ministry of Defence Police provided under an
agreement with the Secretary of State for Defence under section 2(2)(e)
of the Ministry of Defence Police Act 1987, or
35
(b)
police services provided under an agreement under section 13 of the
Police (Scotland) Act 1967 (c. 77) for the guarding, patrolling and
watching of the gas facility entered into at the request of the Secretary
of State by—
(i)
the occupier of, or of part of, the facility, and
40
(ii)
the police authority, chief constable of the police force or joint
police board for the police area in which it is situated.
(3)
The Secretary of State may require a designated gas transporter who has an
interest in the gas facility to pay all or part of the costs incurred by the Secretary

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Part 7 — Miscellaneous
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of State in respect of the provision of extra police services within subsection
(2)(a) in or around the facility.
(4)
The Secretary of State, if so requested by the occupier, must require a
designated gas transporter who has an interest in the gas facility to pay the
reasonable costs incurred by the occupier under any such agreement as is
5
mentioned in subsection (2)(b).
(5)
In this section “gas facility” means a facility used for the purposes of, or for
purposes connected with, the transportation of gas from a gas shipper to a gas
transporter or gas supplier.
(6)
References in this section to a designated gas transporter having an interest in
10
a gas facility include the facility being used for, or for purposes connected with,
the supply of gas to the transporter.
79
Designated gas transporters
(1)
The Secretary of State may by order designate a person who is the holder of a
licence under section 7 of the Gas Act 1986 (c. 44) (licensing of gas transporters)
15
as a designated gas transporter for the purposes of sections 77 to 82.
(2)
The order may provide for a person to be designated only in such capacity as
may be specified in the order.
(3)
An order under this section is subject to negative resolution procedure.
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Costs of policing at gas facilities: recovery of costs
20
(1)
The Secretary of State may determine—
(a)
the amount of the costs to be paid by a designated gas transporter
under section 77 or 78,
(b)
the manner in which and the times at which those costs are to be paid,
and
25
(c)
the person or persons to whom they are to be paid.
(2)
An occupier who incurs costs under an agreement under section 13 of the
Police (Scotland) Act 1967 (c. 77) that are required to be paid by a designated
gas transporter under section 78 may recover them directly from the
designated gas transporter.
30
(3)
A designated gas transporter may, in determining its charges for conveying
gas through pipes, take into account—
(a)
any payments made by the designated gas transporter under section 77
or 78, and
(b)
the reasonable costs incurred by it as party to an agreement under
35
section 13 of the Police (Scotland) Act 1967 entered into at the Secretary
of State’s request.

This applies despite anything in the conditions of the designated gas
transporter’s licence under section 7 of the Gas Act 1986 that prevents the
transporter from recovering such payments or costs.
40
(4)
The Secretary of State may direct the Gas and Electricity Markets Authority
(“the Authority”)—

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Part 7 — Miscellaneous
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(a)
to treat the payments or costs as costs of a kind specified by the
Secretary of State for the purposes of the determination by the
designated gas transporter of the transporter’s charges, or
(b)
to allow the designated gas transporter to take into account payments
made or costs incurred in or in relation to a period so specified in
5
determining the transporter’s charges for a period so specified.
(5)
The Secretary of State must consult the designated gas transporter and the
Authority before giving a direction under this section.
81
Costs of policing at gas facilities: supplementary provisions
(1)
The Secretary of State must consult a designated gas transporter and the
10
Authority—
(a)
before the first time the Secretary of State requires the designated gas
transporter to pay any costs under section 77 or 78,
(b)
before the first time the Secretary of State requires the designated gas
transporter to pay such costs in respect of a particular gas facility, and
15
(c)
where extra police services were previously provided at a particular
gas facility, before the first time the Secretary of State requires the
designated gas transporter to pay such costs as the result of such
services being provided on a subsequent occasion.
(2)
The Secretary of State is not required—
20
(a)
to take into account representations made after the end of the period of
28 days beginning with the day on which the person making the
representations was consulted under subsection (1);
(b)
to consult anyone else before requiring a designated gas transporter to
pay costs under section 77 or 78.
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(3)
Sections 4AA to 4A of the Gas Act 1986 (c. 44) (principal objective and general
duties of the Secretary of State and the Authority) do not apply in relation to
anything done or omitted by the Secretary of State or the Authority in the
exercise of functions under sections 77 to 81.
(4)
Expressions used in those sections that are defined in Part 1 of the Gas Act 1986
30
have the same meaning as in that Part.
82
Application of provisions to costs incurred before commencement
Sections 77 to 81 apply in relation to costs incurred in the period—
(a)
beginning with 16th January 2007, and
(b)
ending with the day before those sections come into force,
35
as they apply in relation to costs incurred on or after that day.
Appointment of special advocates in Northern Ireland
83
Appointment of special advocates in Northern Ireland
(1)
In the following provisions for “Attorney General for Northern Ireland”,
wherever occurring, substitute “Advocate General for Northern Ireland”.
40
(2)
The provisions are—

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Part 8 — Supplementary provisions
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section 6(2)(c) of the Special Immigration Appeals Commission Act 1997
(c. 68) (appointment of special advocate in proceedings before the
Special Immigration Appeals Commission);
rule 9(1) of the Northern Ireland Act Tribunal (Procedure) Rules 1999 (SI
1999/2131) (appointment of special advocate in proceedings before the
5
tribunal appointed under section 91 of the Northern Ireland Act 1998
(c. 47));
paragraph 7(2)(c) of Schedule 3 to the Terrorism Act 2000 (c. 11)
(appointment of special advocate in proceedings before the Proscribed
Organisations Appeal Commission);
10
paragraph 6(2)(c) of Schedule 11 to the Anti-terrorism, Crime and Security
Act 2001 (c. 24) (appointment of special advocate in proceedings before
the Pathogens Access Appeal Commission).
(3)
These amendments come into force when section 27 of the Justice (Northern
Ireland) Act 2002 (c. 26) comes into force
15
Part 8
Supplementary provisions
General definitions
84
Meaning of “terrorism”
In this Act “terrorism” has the same meaning as in the Terrorism Act 2000
20
(c. 11) (see section 1 of that Act).
85
Meaning of offence having a “terrorist connection”
For the purposes of this Act an offence has a terrorist connection if the
offence—
(a)
is, or takes place in the course of, an act of terrorism, or
25
(b)
is committed for the purposes of terrorism.
Orders and regulations
86
Orders and regulations
(1)
Orders and regulations under this Act must be made by statutory instrument.
(2)
Orders or regulations under this Act may—
30
(a)
make different provision for different cases or circumstances,
(b)
include supplementary, incidental and consequential provision, and
(c)
make transitional provision and savings.
(3)
Any provision that may be made by regulations under this Act may be made
by order; and any provision that may be made by order under this Act may be
35
made by regulations.