Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 4 — Notification requirements
38

Offences in relation to notification
53
Offences relating to notification
(1)
A person commits an offence who—
(a)
fails without reasonable excuse to comply with—
section 46 (initial notification),
5
section 47 (notification of changes),
section 48 (periodic re-notification),
section 49(6) (taking of fingerprints or photographs), or
any regulations made under section 51(1) (travel outside United
Kingdom); or
10
(b)
notifies to the police in purported compliance with—
section 46 (initial notification),
section 47 (notification of changes),
section 48 (periodic re-notification), or
any regulations made under section 51(1) (travel outside United
15
Kingdom),

any information that the person knows to be false.
(2)
A person guilty of an offence under this section is liable—
(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum or both;
20
(b)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or a fine or both.
(3)
In the application of subsection (2)(a)—
(a)
in England and Wales, in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003, or
25
(b)
in Northern Ireland,

for “12 months” substitute “6 months”.
(4)
A person—
(a)
commits an offence under subsection (1)(a) above on the day on which
the person first fails without reasonable excuse to comply with—
30
section 46 (initial notification),
section 47 (notification of changes),
section 48 (periodic re-notification), or
any regulations made under section 51(1) (travel outside United
Kingdom), and
35
(b)
continues to commit it throughout any period during which the failure
continues.

But a person must not be prosecuted under subsection (1) more than once in
respect of the same failure.
(5)
Proceedings for an offence under this section may be commenced in any court
40
having jurisdiction in any place where the person charged with the offence
resides or is found.

Counter-Terrorism Bill
Part 4 — Notification requirements
39

Supplementary provisions
54
Notification orders
Schedule 5 makes provision for notification orders applying the notification
requirements of this Part to persons who have been dealt with outside the
United Kingdom in respect of a corresponding foreign offence.
5
55
Foreign travel restriction orders
Schedule 6 makes provision for foreign travel restriction orders prohibiting
persons to whom the notification requirements apply from—
(a)
travelling to a country outside the United Kingdom named or
described in the order,
10
(b)
travelling to any country outside the United Kingdom other than a
country named or described in the order, or
(c)
travelling to any country outside the United Kingdom.
56
Minor definitions for Part 4
In this Part—
15
“country” includes a territory;
“detained in a hospital” means detained in a hospital under—
(a)
Part 3 of the Mental Health Act 1983 (c. 20),
(b)
Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or
the Mental Health (Care and Treatment) (Scotland) Act 2003
20
(asp 13), or
(c)
Part 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/
595 (N.I. 4));
“home address” means, in relation to a person—
(a)
the address of the person’s sole or main residence in the United
25
Kingdom, or
(b)
where the person has no such residence, the address or location
of a place in the United Kingdom where the person can
regularly be found and, if there is more than one such place,
such one of those places as the person may select;
30
“hospital order”—
(a)
in relation to England and Wales, has the same meaning as in
the Mental Health Act 1983,
(b)
in relation to Scotland, means an order under Part 6 of the
Criminal Procedure (Scotland) Act 1995;
35
(c)
in relation to Northern Ireland, has the same meaning as in the
Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595
(N.I. 4));
“passport” means—
(a)
a United Kingdom passport within the meaning of the
40
Immigration Act 1971 (c. 77), or
(b)
a passport issued by or on behalf of the authorities of a country
outside the United Kingdom or by or on behalf of an
international organisation,

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
40

and includes any document that can be used (in some or all
circumstances) instead of a passport;
“photograph” includes any process by means of which an image may be
produced;
“release” from imprisonment or detention includes release on licence but
5
not temporary release.
Part 5
Asset freezing proceedings
Introductory
57
Asset freezing proceedings
10
(1)
In this Part “asset freezing proceedings” means proceedings in the High Court
or the Court of Session on an application to set aside an asset freezing decision.

The provisions of this Part apply in relation to such proceedings brought after
the commencement of this Part.
(2)
An “asset freezing decision” means a decision of the Treasury—
15
(a)
to give a direction for the purposes of a UN terrorism order having the
effect of applying prohibitions in the order—
(i)
in relation to funds specified in the direction, or
(ii)
in relation to a person specified in the direction,
(b)
to refuse to grant a licence exempting acts from the prohibitions in the
20
order,
(c)
to grant such a licence subject to conditions (or to particular conditions)
or subject to an expiry date (or to a particular expiry date), or
(d)
to vary or revoke, or to refuse to vary, such a licence.
(3)
The UN terrorism orders are—
25
(a)
the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365);
(b)
the Al-Qa’ida and Taliban (United Nations Measures) Order 2002 (S.I.
2002/111);
(c)
the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/2657);
(d)
the Al-Qaida and Taliban (United Nations Measures) Order 2006 (S.I.
30
2006/2952).
(4)
The Treasury may by order amend subsection (3) by—
(a)
adding other Orders in Council made under section 1 of the United
Nations Act 1946 (c. 45),
(b)
providing that a reference to a specified Order in Council is to that
35
Order as amended by a further Order in Council (made after the
passing of this Act), or
(c)
removing an Order in Council.
(5)
The order may make consequential amendments of subsection (2) above.
(6)
An order under subsection (4) is subject to negative resolution procedure.
40

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
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Rules of court, disclosure and related matters
58
General provisions about rules of court
(1)
The following provisions apply to rules of court relating to—
(a)
asset freezing proceedings, or
(b)
proceedings on an appeal relating to asset freezing proceedings.
5
(2)
A person making rules of court must have regard to—
(a)
the need to secure that the decisions that are the subject of the
proceedings are properly reviewed; and
(b)
the need to secure that disclosures of information are not made where
they would be contrary to the public interest.
10
(3)
Rules of court may make provision—
(a)
about the mode of proof and about evidence in the proceedings;
(b)
enabling or requiring the proceedings to be determined without a
hearing; and
(c)
about legal representation in the proceedings.
15
(4)
Rules of court may make provision—
(a)
enabling the proceedings to take place without full particulars of the
reasons for the decisions to which the proceedings relate being given to
a party to the proceedings (or to any legal representative of that party);
(b)
enabling the court to conduct proceedings in the absence of any person,
20
including a party to the proceedings (or any legal representative of that
party);
(c)
about the functions of a person appointed as a special advocate;
(d)
enabling the court to give a party to the proceedings a summary of
evidence taken in the party’s absence.
25
(5)
In this section—
(a)
references to a party to the proceedings do not include the Treasury;
(b)
references to a party’s legal representative do not include a person
appointed as a special advocate.
(6)
Nothing in this section shall be read as restricting the power to make rules of
30
court or the matters to be taken into account when doing so.
59
Rules of court about disclosure
(1)
The following provisions apply to rules of court relating to—
(a)
asset freezing proceedings, or
(b)
proceedings on an appeal relating to asset freezing proceedings.
35
(2)
Rules of court must secure that the Treasury are required to disclose—
(a)
material on which they rely,
(b)
material which adversely affects their case, and
(c)
material which supports the case of a party to the proceedings.

This is subject to the following provisions of this section.
40
(3)
Rules of court must secure—
(a)
that the Treasury have the opportunity to make an application to the
court for permission not to disclose material otherwise than to—

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
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(i)
the court, and
(ii)
any person appointed as a special advocate;
(b)
that such an application is always considered in the absence of every
party to the proceedings (and every party’s legal representative);
(c)
that the court is required to give permission for material not to be
5
disclosed if it considers that the disclosure of the material would be
contrary to the public interest;
(d)
that, if permission is given by the court not to disclose material, it must
consider requiring the Treasury to provide a summary of the material
to every party to the proceedings (and every party’s legal
10
representative);
(e)
that the court is required to ensure that such a summary does not
contain material the disclosure of which would be contrary to the
public interest.
(4)
Rules of court must secure that in cases where the Treasury—
15
(a)
do not receive the court’s permission to withhold material, but elect not
to disclose it, or
(b)
are required to provide a party to the proceedings with a summary of
material that is withheld, but elect not to provide the summary,

provision to the following effect applies.
20
(5)
The court must be authorised—
(a)
if it considers that the material or anything that is required to be
summarised might adversely affect the Treasury’s case or support the
case of a party to the proceedings, to direct that the Treasury shall not
rely on such points in their case, or shall make such concessions or take
25
such other steps, as the court may specify, or
(b)
in any other case, to ensure that the Treasury do not rely on the material
or (as the case may be) on that which is required to be summarised.
(6)
Nothing in this section, or in rules of court made under it, is to be read as
requiring the court to act in a manner inconsistent with Article 6 of the Human
30
Rights Convention.
(7)
In this section—
(a)
references to a party to the proceedings do not include the Treasury;
(b)
references to a party’s legal representative do not include a person
appointed as a special advocate; and
35
(c)
“the Human Rights Convention” means the Convention within the
meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that
Act).
60
Appointment of special advocate
(1)
The relevant law officer may appoint a person to represent the interests of a
40
party to—
(a)
asset freezing proceedings, or
(b)
proceedings on an appeal, or further appeal, relating to asset freezing
proceedings,

in any of those proceedings from which the party (and any legal representative
45
of the party) is excluded.

This is referred to in this Part as appointment as “a special advocate”.

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
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(2)
A person appointed as a special advocate is not responsible to the party to the
proceedings whose interests the person is appointed to represent.
(3)
The relevant law officer is—
(a)
in relation to asset freezing proceedings in England and Wales, or on an
appeal or further appeal relating to such proceedings, the Attorney
5
General;
(b)
in relation to asset freezing proceedings in Scotland, or on an appeal or
further appeal relating to such proceedings, the Advocate General for
Scotland;
(c)
in relation to asset freezing proceedings in Northern Ireland, or on an
10
appeal or further appeal relating to such proceedings, the Advocate
General for Northern Ireland.
(4)
A person may be appointed as a special advocate only if—
(a)
in the case of an appointment by the Attorney General, the person has
a general legal qualification for the purposes of section 71 of the Courts
15
and Legal Services Act 1990 (c. 41);
(b)
in the case of an appointment by the Advocate General for Scotland, the
person is an advocate or a solicitor who has rights of audience in the
Court of Session or the High Court of Justiciary by virtue of section 25A
of the Solicitors (Scotland) Act 1980 (c. 46);
20
(c)
in the case of an appointment by the Advocate General for Northern
Ireland, the person is a member of the Bar of Northern Ireland.
(5)
Until the coming into force of section 27 of the Justice (Northern Ireland) Act
2002 (c. 26), references in this section to the Advocate General for Northern
Ireland are to be read as references to the Attorney General for Northern
25
Ireland.

The coming into force of that section does not affect any appointment of a
person as a special advocate made by the Attorney General for Northern
Ireland before that time.
61
Intercept evidence
30
(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of intercepted communications etc from legal
proceedings) is amended as follows.
(2)
In subsection (1) (excepted proceedings), after paragraph (da) insert—
“(db)
any asset freezing proceedings as defined in section 57 of the
35
Counter-Terrorism Act 2008, or any proceedings arising out of
such proceedings;”.
(3)
In subsection (2) (persons to whom disclosure not to be made), after paragraph
(za) insert—
“(zb)
in the case of proceedings falling within paragraph (db), to—
40
(i)
a person, other than the Treasury, who is or was a party
to the proceedings, or
(ii)
any person who for the purposes of the proceedings (but
otherwise than by virtue of appointment as a special
advocate) represents a person falling within sub-
45
paragraph (i);”.