Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 5 — Foreign travel restriction orders
79

Provisions of a foreign travel restriction order
6     (1)
A foreign travel restriction order may prohibit the person to whom it
applies—
(a)
from travelling to any country outside the United Kingdom named
or described in the order; or
5
(b)
from travelling to any country outside the United Kingdom other
than a country named or described in the order; or
(c)
from travelling to any country outside the United Kingdom.
      (2)
The order must only impose such prohibitions as are necessary for the
purpose of preventing the person from taking part in terrorism activity
10
outside the United Kingdom.
      (3)
A foreign travel restriction order containing a prohibition within sub-
paragraph (1)(c) must require the person to whom it applies to surrender all
that person’s passports, at a police station specified in the order—
(a)
on or before the date when the prohibition takes effect, or
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(b)
within a period specified in the order.
      (4)
Any passports surrendered must be returned as soon as reasonably
practicable after the person ceases to be subject to a foreign travel restriction
order containing such a prohibition.
Duration of foreign travel restriction order
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7     (1)
A foreign travel restriction order has effect for a fixed period of not more
than 6 months.
      (2)
The period must be specified in the order.
      (3)
A foreign travel order ceases to have effect if a court (whether the same or
another court) makes another foreign travel restriction order in relation to
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the person to whom the earlier order applies.
Variation, renewal or discharge of order
8     (1)
In England and Wales an application for an order varying, renewing or
discharging a foreign travel restriction order may be made by—
(a)
the person subject to the order;
30
(b)
the chief officer of police on whose application the order was made;
(c)
the chief officer of police for the area in which the person subject to
the order resides; or
(d)
a chief officer of police who believes that the person subject to the
order is in, or is intending to come to, the officer’s police area.
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      (2)
The application must be made by complaint to—
(a)
a magistrates’ court for the same area as the court that made the
order,
(b)
a magistrates’ court for the area in which the person subject to the
order resides, or
40
(c)
where the application is made by a chief officer of police, any
magistrates’ court whose commission area includes any part of that
chief officer’s police area.

Counter-Terrorism Bill
Schedule 5 — Foreign travel restriction orders
80

      (3)
On an application under this paragraph the court may make such order
varying, renewing or discharging the foreign travel restriction order as it
considers appropriate.
      (4)
Before doing so it must hear the person making the application and (if they
wish to be heard) the other persons mentioned in sub-paragraph (1).
5
9     (1)
In Scotland an application for an order varying, renewing or discharging a
foreign travel restriction order may be made by—
(a)
the person subject to the order;
(b)
the chief constable on whose application the order was made;
(c)
the chief constable in the area of whose police force the person
10
subject to the order resides; or
(d)
a chief constable who believes that the person subject to the order is
in, or is intending to come to, the area of that chief constable’s police
force.
      (2)
The application must be made by summary application—
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(a)
to the sheriff who made the order, or
(b)
to a sheriff—
(i)
within whose sheriffdom the person subject to the order
resides, or
(ii)
where the application is made by a chief constable, within
20
whose sheriffdom any part of the area of the chief constable’s
police force lies.
      (3)
A record of evidence is to be kept on any summary application under this
paragraph.
      (4)
On an application under this paragraph the sheriff may make such order
25
varying, renewing or discharging the foreign travel restriction order as the
sheriff considers appropriate.
      (5)
Before doing so the sheriff must hear the person making the application and
(if they wish to be heard) the other persons mentioned in sub-paragraph (1).
10    (1)
In Northern Ireland an application for an order varying, renewing or
30
discharging a foreign travel restriction order may be made by—
(a)
the person subject to the order; or
(b)
the Chief Constable of the Police Service of Northern Ireland.
      (2)
The application must be made by complaint under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of
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summary jurisdiction for the petty sessions district which includes the area
where the person subject to the order resides.
      (3)
On an application under this paragraph the court may make such order
varying, renewing or discharging the foreign travel restriction order as it
considers appropriate.
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      (4)
It may do so only after hearing the person making the application and (if
they wish to be heard) the other person mentioned in sub-paragraph (1).
Provisions of renewed or varied order
11    (1)
A foreign travel restriction order may be renewed, or varied so as to impose
additional prohibitions, but only if it is necessary to do so for the purpose of
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Counter-Terrorism Bill
Schedule 5 — Foreign travel restriction orders
81

preventing the person subject to the order from taking part in terrorism
activities outside the United Kingdom.
      (2)
Any renewed or varied order must contain only the prohibitions necessary
for that purpose.
Appeals
5
12    (1)
In England and Wales—
(a)
a person against whom a foreign travel restriction order is made may
appeal against the making of the order;
(b)
a person subject to a foreign travel restriction order may appeal
against—
10
(i)
an order under paragraph 8 varying or renewing the order,
or
(ii)
a refusal to make an order under that paragraph varying or
discharging the order.
      (2)
The appeal lies to the Crown Court.
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      (3)
On an appeal under this paragraph the court may make—
(a)
such orders as it considers necessary to give effect to its
determination of the appeal, and
(b)
such incidental and consequential orders as appear to it to be just.
13    (1)
In Scotland an interlocutor of the sheriff granting or refusing a foreign travel
20
restriction order, or an order under paragraph 9 (variation, renewal or
discharge of foreign travel restriction order), is appealable.
      (2)
Where an appeal is taken against such an interlocutor, the interlocutor
continues in effect pending disposal of the appeal.
14    (1)
In Northern Ireland—
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(a)
a person against whom a foreign travel restriction order is made may
appeal against the making of the order;
(b)
a person subject to a foreign travel restriction order may appeal
against—
(i)
an order under paragraph 10 varying or renewing the order,
30
or
(ii)
a refusal to make an order under that paragraph varying or
discharging the order.
      (2)
The appeal lies to the county court.
      (3)
On an appeal under this paragraph the court may make—
35
(a)
such orders as it considers necessary to give effect to its
determination of the appeal, and
(b)
such incidental and consequential orders as appear to it to be just.
Breach of foreign travel order an offence
15    (1)
A person commits a offence who, without reasonable excuse, does anything
40
they are prohibited from doing by a foreign travel order.
      (2)
A person guilty of an offence under this section is liable—

Counter-Terrorism Bill
Schedule 6 — Repeals
Part 2 — Retention and use of fingerprints and samples
82

(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine or both.
      (3)
In the application of sub-paragraph (2)(a)—
5
(a)
in England and Wales, in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
(c. 44), or
(b)
in Northern Ireland,

for “12 months” substitute “6 months”.
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      (4)
Where a person is convicted of an offence under this paragraph, it is not
open to the court by or before which they are convicted—
(a)
in England and Wales or Northern Ireland, to make an order for
conditional discharge in respect of the offence;
(b)
in Scotland, to make a probation order in respect of the offence.
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Meaning of “terrorism activity”
16
In this Schedule “terrorism activity” means anything that—
(a)
if done in any part of the United Kingdom, would constitute an
offence to which this Part applies by virtue of section 39, or
(b)
is, or takes place in the course of, an act of terrorism or is for the
20
purposes of terrorism.
Schedule 6
Section 89

Repeals
Part 1
Pre-charge detention
25

Short title and chapter
Extent of repeal

Terrorism Act 2006 (c. 11)
In section 23—

(a)
in subsection (2), the words “each of”

and “and 36”;

(b)
subsections (6) to (10).

30

Part 2
Retention and use of fingerprints and samples

Short title and chapter
Extent of repeal

Terrorism Act 2000 (c. 11)
In Schedule 8, paragraph 14(3).

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Counter-Terrorism Bill
Schedule 6 — Repeals
Part 5 — Control orders
83

Part 3
Disclosure of information and the intelligence services

Short title and chapter
Extent of repeal or revocation

Anti-terrorism, Crime and
Section 19(2)(a).

Security Act 2001 (c. 24)

5

Representation of the People
Regulation 45E(3).

(England and Wales)
Regulation 109(1)(g) to (i) and (4)(b).

Representation of the People
Regulation 45D(3).

(Scotland) Regulations 2001
Regulation 108(1)(g) to (i) and (4)(b).

Immigration, Asylum and
Section 38.

10

Nationality Act 2006 (c. 13)

Statistics and Registration
Section 39(4)(g).

Service Act 2007 (c. 18)
In section 67, the definition of “Intelligence

Service”.

Part 4
15
Forfeiture

Short title and chapter
Extent of repeal

Terrorism Act 2000 (c. 11)
Section 54(7) to (9).

Section 58(5) to (7).

Part 5
20
Control orders

Short title and chapter
Extent of repeal

Prevention of Terrorism Act
In section 3—

2005 (c. 2)
(a)
subsection (1)(c);

(b)
in subsection (7) the words “within 7

25

days of the court’s giving permission or

(as the case may be) making its

determination on the reference”.

Section 8(8).

In the Schedule, in paragraph 5(1)(a) the words

30

“, at any time after a control order has been

made,”.