Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 8 — Supplementary provisions
59

87
Orders and regulations: affirmative and negative resolution procedure
(1)
Where orders or regulations under this Act are subject to “affirmative
resolution procedure” the order or regulations must not be made unless a draft
of the statutory instrument containing them has been laid before Parliament
and approved by a resolution of each House of Parliament.
5
(2)
Where orders or regulations under this Act are subject to “negative resolution
procedure” the statutory instrument containing the order or regulations shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
Provision that may be made by order or regulations under this Act for which
10
no Parliamentary procedure is prescribed may be included in an instrument
subject to negative or affirmative resolution procedure.
(4)
Provision that may be made by order or regulations under this Act subject to
negative resolution procedure may be included in an instrument subject to
affirmative resolution procedure.
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Financial provisions
88
Financial provisions
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenses of the Secretary of State under this Act, and
(b)
any increase attributable to this Act in the sums payable out of money so
20
provided under any other Act .
(2)
There shall be paid into the Consolidated Fund—
(a)
any sums received by the Secretary of State under this Act, and
(b)
any increase attributable to this Act in the sums payable into that Fund under
any other Act.
25
Repeals
89
Repeals
The enactments specified in Schedule 6, which include enactments that are
spent, are repealed to the extent specified.
Final provisions
30
90
Commencement
(1)
The provisions of this Part, except section 89 and Schedule 6 (repeals), come
into force on the day this Act is passed.
(2)
Part 5 (asset freezing proceedings) comes into force on the day after the day on
which this Act is passed.
35
(3)
Sections 77 to 82 (costs of policing at gas facilities) come into force at the end of
the period of two months beginning with the day on which this Act is passed.

Counter-Terrorism Bill
Part 8 — Supplementary provisions
60

(4)
Section 83 (appointment of special advocates in Northern Ireland) comes into
force in accordance with subsection (3) of that section.
(5)
The other provisions of this Act come into force on such day as may be
appointed by order of the Secretary of State.
(6)
The Secretary of State may by order make such transitional provision and
5
savings as appears necessary or expedient in connection with the
commencement of any provision of this Act.
91
Extent
Except as otherwise provided—
(a)
an amendment or repeal by this Act has the same extent as the
10
enactment amended or repealed; and
(b)
any other provisions of this Act—
(i)
extend to the whole of the United Kingdom, and
(ii)
do not extend to any country or territory outside the United
Kingdom.
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92
Short title
The short title of this Act is the Counter-Terrorism Act 2008.

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
61

Schedules
Schedule 1
Section 22

Amendments relating to period of pre-charge detention
Part 1
Reserve power to extend maximum period of detention
5
1
After Part 3 of Schedule 8 to the Terrorism Act 2000 (c. 11) (extension of
detention under section 41) insert—
“Part 4
Reserve power to extend period of detention under section 41
Introductory
10
38
In this Part of this Schedule “the reserve power” means the power
conferred by paragraph 42.
Report on operational need for reserve power
39    (1)
An order declaring that the reserve power is available (see
paragraph 40) may only be made if a report complying with the
15
requirements of this paragraph has been received from—
(a)
the Director of Public Prosecutions and the chief officer of
a police force in England and Wales,
(b)
the Crown Agent and the chief constable of a police force
in Scotland, or
20
(c)
the Director of Public Prosecutions for Northern Ireland
and the Chief Constable of the Police Service of Northern
Ireland.
      (2)
The report must—
(a)
state that each of the persons making the report is satisfied
25
that there are reasonable grounds for believing that the
detention of one or more persons beyond the period that
could be authorised under paragraph 36 will be necessary
for one or more of the purposes mentioned in sub-
paragraph (3) below, and
30
(b)
give details of the grounds for that belief.
      (3)
The purposes referred to in sub-paragraph (2)(a) are—
(a)
to obtain relevant evidence, whether by questioning or
otherwise,

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
62

(b)
to preserve relevant evidence, or
(c)
pending the result of an examination or analysis of any
relevant evidence or of anything the examination or
analysis of which is to be or is being carried out with a view
to obtaining relevant evidence.
5
      (4)
In sub-paragraph (3) “relevant evidence” means—
(a)
evidence relating to the commission by the detained
person or persons of an offence under any of the
provisions mentioned in section 40(1)(a), or
(b)
evidence indicating that the detained person or persons is
10
or are persons falling within section 40(1)(b).
      (5)
The report must also state that each of the persons making the
report is satisfied that the investigation in connection with which
the detained person or persons is or are detained is being
conducted diligently and expeditiously.
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Order declaring reserve power available
40    (1)
The Secretary of State may by order declare that the reserve power
is available.
      (2)
The effect of making such an order is that the reserve power is
available in the case of all persons—
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(a)
then detained under section 41, or
(b)
subsequently detained under that section at a time when
the power remains available.

For the period for which the power remains available, see
paragraph 45.
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      (3)
The provisions of section 123(2) to (7) (Parliamentary procedure
for orders and regulations) do not apply to an order under this
paragraph.
Statement to be laid before Parliament after making reserve power available
41    (1)
After making an order declaring that the reserve power is
30
available, the Secretary of State must lay before Parliament a
statement complying with this paragraph.
      (2)
The statement must state that the Secretary of State has received
information indicating—
(a)
that an investigation is being conducted into—
35
(i)
the commission, preparation or instigation of an act
of terrorism, or
(ii)
an act that appears to have been done for the
purposes of terrorism; and
(b)
that the investigation gives rise to an exceptional
40
operational need.
      (3)
The statement must state that the Secretary of State is satisfied—
(a)
that the reserve power is needed for the purposes of that
investigation;

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
63

(b)
that the need to make the reserve power available is
urgent; and
(c)
that its availability is compatible with Convention rights
(within the meaning of section 1 of the Human Rights Act
1998).
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      (4)
The statement may include such other information as to the
reasons for the decision to make the order as appears to the
Secretary of State to be appropriate.
      (5)
The statement must not include—
(a)
the name of any person then detained under section 41, or
10
(b)
any material that might prejudice the prosecution of any
person.
      (6)
The statement must be laid before Parliament within two days
after the day on which the order was made or, if that is not
practicable, as soon as is practicable.
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Application to court to authorise further detention in individual cases
42    (1)
This paragraph has effect when the reserve power is available.
      (2)
Each of the following—
(a)
in England and Wales, the Director of Public Prosecutions
or a Crown Prosecutor acting with the consent of the
20
Director,
(b)
in Scotland, the Lord Advocate or a procurator fiscal,
(c)
in Northern Ireland, the Director of Public Prosecutions for
Northern Ireland,

may apply for the extension of the period specified in the warrant
25
of further detention under which a person is detained, beyond the
period that may be authorised on an application under paragraph
36.
      (3)
An application under this paragraph must be made to a senior
judge.
30
      (4)
Subject to sub-paragraph (5), the period by which the specified
period is further extended on an application under this section
shall be the period—
(a)
beginning with the end of the period for which the period
specified in the warrant was last extended, and
35
(b)
ending with whichever is the earlier of—
(i)
the end of the period of 7 days beginning with that
time, or
(ii)
the end of the period of 42 days beginning with the
relevant time.
40
      (5)
A senior judge may further extend the period specified in a
warrant by a shorter period than is required by sub-paragraph (4)
if—
(a)
the application for the extension is an application for an
extension by a period that is shorter than is so required, or
45

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
64

(b)
the senior judge is satisfied that there are circumstances
that would make it inappropriate for the period of the
extension to be as long as the period so required.
      (6)
Where the specified period is extended under this paragraph—
(a)
the warrant must be endorsed with a note stating the new
5
specified period, and
(b)
if the period is extended to a time that is more than 28 days
after the relevant time, it is the duty of the applicant (in
Scotland, of the Crown Agent)—
(i)
to inform the Secretary of State forthwith, and
10
(ii)
to provide the Secretary of State, as soon as
practicable, with the information required by
paragraph 44(3) and (4) (information to be
contained in statement to Parliament).
Application to court: supplementary provisions
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43    (1)
Paragraphs 30(3) and 31 to 34 apply to an application under
paragraph 42 as they apply to an application for a warrant of
further detention, but—
(a)
as if references to a judicial authority were to a senior
judge, and
20
(b)
as if references to the judicial authority in question were to
the senior judge in question.
      (2)
A senior judge may adjourn the hearing of an application under
paragraph 42 only if the hearing is adjourned to a date before the
end of the period specified in the warrant.
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This does not apply to an adjournment under paragraph 33(2).
      (3)
In this Part of this Schedule “the relevant time”, in relation to a
person, means—
(a)
the time of that person’s arrest under section 41, or
(b)
if that person was being detained under Schedule 7 at the
30
time of that person’s arrest under section 41, the time when
that person’s examination under that Schedule began.
      (4)
In this Part of this Schedule “senior judge” means—
(a)
in England and Wales—
(i)
a judge of the High Court, or
35
(ii)
a circuit judge designated for the purposes of
paragraph 42 by the Lord Chief Justice of England
and Wales;
(b)
in Scotland—
(i)
a judge of the High Court of Justiciary, or
40
(ii)
the sheriff;
(c)
in Northern Ireland—
(i)
a judge of the High Court, or
(ii)
a county court judge designated for the purposes of
paragraph 42 by the Lord Chief Justice of Northern
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Ireland.

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
65

      (5)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise the functions conferred on the Lord Chief Justice by sub-
paragraph (4)(a).
      (6)
The Lord Chief Justice of Northern Ireland may nominate any of
5
the following to exercise the functions conferred on the Lord Chief
Justice by sub-paragraph (4)(c)—
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that
10
Act).
Parliament to be informed if court authorises detention beyond 28 days
44    (1)
If on an application under paragraph 42 the court extends the
period specified in the warrant of further detention under which a
person is detained to a time that is more than 28 days after the
15
relevant time, the Secretary of State must inform Parliament.
      (2)
The Secretary of State must lay a statement before Parliament as
soon as practicable after the period has been extended.
      (3)
The statement must specify—
(a)
the date on which the period was further extended,
20
(b)
the number of days by which the period has been
extended, and
(c)
the total number of days for which the person’s detention
has been authorised—
(i)
beginning with the relevant time, and
25
(ii)
ending with the last day of the period specified in
the warrant.
      (4)
The statement must also give details of—
(a)
the court that heard the application under paragraph 42 in
relation to the detained person; and
30
(b)
the place where the person is being detained.
      (5)
The statement must not include—
(a)
any details of the person detained, or
(b)
any material that might prejudice the prosecution of any
person.
35
Cessation of reserve power
45    (1)
The reserve power ceases to be available at the end of the period
of 60 days beginning with the day on which it became available.
      (2)
If the decision of the Secretary of State to make the reserve power
available is not approved by resolution of each House of
40
Parliament before the end of the period of 30 days beginning with
the day on which the power became available, the reserve power
ceases to be available at the end of that period.
      (3)
If before the end of that period of 30 days either House of
Parliament negatives a motion moved by a Minister of the Crown
45