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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

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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.

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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spent, are repealed to the extent specified.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.

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(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

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(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—

20

(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.

25

      (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).

5

      (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.

15

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

15

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

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(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

45

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.

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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

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