Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
44

Supplementary provisions
62
Allocation of proceedings to Queen’s Bench Division
In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business
allocated to the Queen’s Bench Division), after sub-paragraph (ba) insert—
   “(bb)
all asset freezing proceedings within the meaning of Part 5 of the
5
Counter-Terrorism Act 2008 (see section 57 of that Act);”.
63
Initial exercise of powers by Lord Chancellor
(1)
The first time after the passing of this Act that rules of court are made in
exercise of the powers conferred by this Part—
(a)
in relation to proceedings in England and Wales, or
10
(b)
in relation to proceedings in Northern Ireland,

they may be made by the Lord Chancellor instead of by the person who would
otherwise make them.
(2)
Before making rules of court under this section, the Lord Chancellor must
consult—
15
(a)
in relation to rules applicable to proceedings in England and Wales, the
Lord Chief Justice of England and Wales;
(b)
in relation to rules applicable to proceedings in Northern Ireland, the
Lord Chief Justice of Northern Ireland.

The Lord Chancellor is not required to undertake any other consultation before
20
making the rules.
(3)
The requirements of subsection (2)(a) and (b) may be satisfied by consultation
that took place wholly or partly before the passing of this Act.
(4)
Rules of court made by the Lord Chancellor under this section—
(a)
must be laid before Parliament, and
25
(b)
if not approved by a resolution of each House before the end of 40 days
beginning with the day on which they were made, cease to have effect
at the end of that period.

In reckoning the period of 40 days no account shall be taken of any time during
which Parliament is dissolved or prorogued or during which both Houses are
30
adjourned for more than four days.
(5)
If rules cease to have effect in accordance with subsection (4)—
(a)
that does not affect anything previously done in reliance on the rules;
and
(b)
subsection (1) applies as if the rules had not been made.
35
(6)
The following provisions do not apply to rules of court made by the Lord
Chancellor under this section—
(a)
section 3(6) of the Civil Procedure Act 1997 (c. 12) (Parliamentary
procedure for civil procedure rules);
(b)
section 56 of the Judicature (Northern Ireland) Act 1978 (c. 23)
40
(statutory rules procedure).

Until section 85 of the Courts Act 2003 (c. 39) (process for making civil
procedure rules) comes into force, in paragraph (a) above for “section 3(6)”
substitute “section 3(2)”.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
45

64
Interpretation of Part 5
In this Part—
“asset freezing decision” has the meaning given by section 57(2);
“asset freezing proceedings” has the meaning given by section 57(1);
“rules of court” means rules for regulating the practice and procedure to
5
be followed in the High Court or the Court of Appeal or in the Court of
Session;
“special advocate” means a person appointed under section 60;
“UN terrorism order” means an order specified in section 57(3).
Part 6
10
Inquests and inquiries
65
Certificate requiring inquest to be held without a jury: England and Wales
(1)
In section 8 of the Coroners Act 1988 (c. 13) (duty to hold inquest), after
subsection (7) insert—
“(8)
This section is subject to section 8A (certificate requiring inquest to be
15
held without a jury).”.
(2)
After that section insert—
“8A
Certificate requiring inquest to be held without a jury
(1)
The Secretary of State may certify in relation to an inquest that, in the
opinion of the Secretary of State, the inquest will involve the
20
consideration of material that should not be made public—
(a)
in the interests of national security,
(b)
in the interests of the relationship between the United Kingdom
and another country, or
(c)
otherwise in the public interest.
25
(2)
A certificate may be issued—
(a)
in relation to an inquest that has not begun, or
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
(3)
Where a certificate has effect in relation to an inquest, the inquest must
30
be held or (as the case may be) continued without a jury, so that—
(a)
if a jury has not been summoned, the coroner must not summon
a jury, and
(b)
if a jury has been summoned, the coroner must discharge the
jury.
35
(4)
Accordingly, the following do not apply in relation to the inquest
whilst the certificate has effect—
(a)
the power under subsection (1) or (4) of section 8 to hold the
inquest or part of the inquest with a jury, and
(b)
the duty under subsection (3) of that section to hold the inquest
40
with a jury in the circumstances set out in that subsection.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
46

(5)
A certificate has effect in relation to an inquest until it is revoked by the
Secretary of State; and the Secretary of State may revoke a certificate in
respect of an inquest—
(a)
before it has begun, or
(b)
after it has begun, at any time before its conclusion.
5
(6)
Where a certificate issued in relation to an inquest is revoked—
(a)
if subsection (3) of section 8 applies in relation to the inquest, the
coroner must summon a jury in the manner required by
subsection (2) of that section, and
(b)
otherwise, if it appears to the coroner that there is any reason for
10
summoning a jury, the coroner may summon a jury in that
manner.
(7)
If a jury is summoned—
(a)
the coroner must proceed in all respects as if the inquest had not
previously begun, and
15
(b)
the provisions of this Act apply accordingly as if that were the
case.”.
(3)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
inquests beginning on or after that day.
20
66
Certificate requiring inquest to be held without a jury: Northern Ireland
(1)
In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of
coroner to hold inquest) after “sub-section (2)” insert “and section 18A”.
(2)
In section 18 of that Act (requirement to summon jury in certain cases) after
subsection (4) insert—
25
“(5)
This section is subject to section 18A (certificate requiring inquest to be
held without a jury).”.
(3)
After that section insert—
“18A
Certificate requiring inquest to be held without a jury
(1)
The Secretary of State may certify in relation to an inquest that, in the
30
opinion of the Secretary of State, the inquest will involve the
consideration of material that should not be made public—
(a)
in the interests of national security,
(b)
in the interests of the relationship between the United Kingdom
and another country, or
35
(c)
otherwise in the public interest.
(2)
A certificate may be issued—
(a)
in relation to an inquest that has not begun, or
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
40
(3)
Where a certificate has effect in relation to an inquest, the inquest must
be held or (as the case may be) continued without a jury, so that—
(a)
if a jury has not been summoned, the coroner must not cause a
jury to be summoned, and

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
47

(b)
if a jury has been summoned, the coroner must discharge the
jury.
(4)
Accordingly, the following do not apply in relation to the inquest
whilst the certificate has effect—
(a)
the power under subsection (1) of section 13 or subsection (2) of
5
section 18 to hold the inquest or part of the inquest with a jury,
and
(b)
the duty under subsection (1) of section 18 to hold the inquest
with a jury in the circumstances set out in that subsection.
(5)
A certificate has effect in relation to an inquest until it is revoked by the
10
Secretary of State; and the Secretary of State may revoke a certificate in
respect of an inquest—
(a)
before it has begun, or
(b)
after it has begun, at any time before its conclusion.
(6)
Where a certificate issued in relation to an inquest is revoked—
15
(a)
if subsection (1) of section 18 applies in relation to the inquest,
the coroner must cause a jury to be summoned in accordance
with that subsection, and
(b)
otherwise, if it appears to the coroner that it is desirable to
summon a jury, the coroner may cause a jury to be summoned
20
in accordance with that subsection.
(7)
If a jury is summoned—
(a)
the coroner must proceed in all respects as if the inquest had not
previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
25
case.”.
(4)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
inquests beginning on or after that day.
67
Specially appointed coroners
30
(1)
After section 18 of the Coroners Act 1988 (c. 13) insert—
“Inquests: specially appointed coroners
18A
Appointment of specially appointed coroners
(1)
If the Secretary of State issues a certificate under section 8A in relation
to an inquest, the Secretary of State may appoint a person (a “specially
35
appointed coroner”) to hold the inquest.
(2)
A person may not be appointed under this section unless the person—
(a)
is a coroner, or
(b)
would be qualified under section 2(1) to be appointed as
coroner.
40
(3)
A specially appointed coroner may be appointed under this section—
(a)
in relation to an inquest that has not begun, or

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
48

(b)
in relation to an inquest that has begun, at any time before its
conclusion.
(4)
An appointment may be made under this section whether the person
who would be required to hold the inquest apart from the appointment
would have jurisdiction to do so by virtue of—
5
(a)
the fact that the body of the deceased is lying in that person’s
district,
(b)
an order of the High Court under section 13 (order to hold
inquest),
(c)
an agreement or direction by the Secretary of State under
10
section 14 (inquest out of jurisdiction),
(d)
a direction by the Secretary of State under section 15 (inquest
where body destroyed or irrecoverable), or
(e)
a previous appointment under this section.
18B
Effect of appointment of specially appointed coroner
15
(1)
Where a specially appointed coroner is appointed under section 18A to
hold an inquest—
(a)
the specially appointed coroner, and not the person who would
be required to hold the inquest apart from the appointment, has
jurisdiction to hold the inquest and must hold it accordingly,
20
and
(b)
the person who would otherwise be required to hold the
inquest ceases to have any powers or duties in relation to the
inquest or the body of the deceased.
(2)
If the inquest has begun—
25
(a)
the specially appointed coroner must proceed in all respects as
if the inquest had not previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
case.
(3)
In relation to the inquest and the body of the deceased, the specially
30
appointed coroner—
(a)
has the same jurisdiction and powers,
(b)
is subject to the same obligations, liabilities and
disqualifications, and
(c)
generally is subject to the provisions of this Act and to the law
35
relating to coroners and coroners’ inquests in the same manner,

as if the specially appointed coroner were the coroner for the original
coroner’s district.

This is subject to provision made by regulations under subsection (4).
(4)
The Secretary of State may by regulations made by statutory
40
instrument provide for this Act and the law relating to coroners and
coroners’ inquests to have effect in relation to specially appointed
coroners with such modifications as may be specified in the
regulations.
(5)
A statutory instrument containing regulations under subsection (4) is
45
subject to annulment in pursuance of a resolution of either House of
Parliament.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
49

(6)
The Secretary of State may pay a specially appointed coroner such
remuneration and allowances as the Secretary of State thinks fit.
(7)
In this section and section 18C “the original coroner”, in relation to an
inquest, means the coroner who would have jurisdiction to hold the
inquest if no appointment had been made under section 18A in relation
5
to it.
18C
Revocation of appointment of specially appointed coroner
(1)
The Secretary of State may revoke the appointment of a specially
appointed coroner to hold an inquest—
(a)
if the Secretary of State considers that the specially appointed
10
coroner is unable to hold, or to continue to hold, the inquest,
(b)
on the grounds of the specially appointed coroner’s
misbehaviour, or
(c)
if the Secretary of State revokes the certificate issued under
section 8A in relation to the inquest.
15
(2)
Where the Secretary of State acts under subsection (1)(a) or (b) the
Secretary of State must make a further appointment under section 18A.
(3)
Where the Secretary of State acts under subsection (1)(c)—
(a)
the original coroner, and not the specially appointed coroner,
has jurisdiction to hold the inquest and must hold it
20
accordingly, and
(b)
the specially appointed coroner ceases to have any powers or
duties in relation to the inquest or the body of the deceased.
(4)
If the inquest has begun—
(a)
the original coroner must proceed in all respects as if the inquest
25
had not previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
case.”.
(2)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
30
inquests beginning on or after that day.
68
Inquiries: intercept evidence
(1)
In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of intercepted communications etc from legal
proceedings), in subsection (7), for paragraph (c) substitute—
35
“(c)
a disclosure to the panel of an inquiry held under the Inquiries
Act 2005 or to a person appointed as counsel to such an inquiry
where, in the course of the inquiry, the panel has ordered the
disclosure to be made to the panel alone or (as the case may be)
to the panel and the person appointed as counsel to the inquiry;
40
or”.
(2)
This section has effect in relation to inquiries under the Inquiries Act 2005
(c. 12) that have begun, but have not come to an end, before the day on which
it comes into force as well as to such inquiries beginning or on after that day.

Counter-Terrorism Bill
Part 7 — Miscellaneous
50

(3)
Section 14 of the Inquiries Act 2005 (c. 12) (end of inquiry) has effect for
determining when an inquiry under that Act comes to an end for those
purposes.
69
Inquests: intercept evidence
(1)
In section 18(7) of the Regulation of Investigatory Powers Act 2000 (c. 23), after
5
paragraph (c) insert—
“(d)
a disclosure to a coroner or to a person appointed as counsel to
an inquest where—
(i)
the Secretary of State has issued a certificate under
section 8A of the Coroners Act 1988 or section 18A of the
10
Coroners Act (Northern Ireland) 1959 (certificate
requiring inquest to be held without a jury) in relation to
the inquest, and
(ii)
the coroner has ordered the disclosure to be made to the
coroner alone or (as the case may be) to the coroner and
15
the person appointed as counsel to the inquest.”.
(2)
In that section, after subsection (8A) insert—
“(8B)
A coroner shall not order a disclosure under subsection (7)(d) except
where the coroner is satisfied that the exceptional circumstances of the
case make the disclosure essential to enable the matters that are
20
required to be ascertained by the inquest to be ascertained.”.
(3)
In that section, after subsection (11) insert—
“(11A)
In relation to an inquest held or to be held by a specially appointed
coroner appointed under section 18A of the Coroners Act 1988,
references in this section to the coroner are to the specially appointed
25
coroner.”.
(4)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
inquests beginning on or after that day.
Part 7
30
Miscellaneous
Amendment of definition of “terrorism” etc
70
Amendment of definition of “terrorism” etc
(1)
In the provisions listed below (which define “terrorism”, or make similar
provision, and require that the use or threat of action is made for the purpose
35
of advancing a political, religious or ideological cause), after “religious” insert
“, racial”.
(2)
The provisions are—
(a)
section 1(1)(c) of the Terrorism Act 2000 (c. 11),
(b)
section 113A(2) of the Anti-terrorism, Crime and Security Act 2001 (c
40
24),
(c)
paragraph 4(2)(c) of Schedule 21 to the Criminal Justice Act 2003 (c. 44),