Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 7 — Miscellaneous
51

(d)
Article 2(3)(c) of the Terrorism (United Nations Measures) Order 2006
(SI 2006/2657),
(e)
Article 4(1)(c) of the Anti-terrorism (Financial and Other Measures)
(Overseas Territories) Order 2002 (SI 2002/1822),
(f)
Article 2(1)(a)(iii) of the Terrorism (United Nations Measures)
5
(Overseas Territories) Order 2001 (SI 2001/3366),
(g)
Article 3(1) of the Terrorism (United Nations Measures) (Isle of Man)
Order 2001 (SI 2001/3364),
(h)
Article 3(1) of the Terrorism (United Nations Measures) (Channel
Islands) Order 2001 (SI 2001/3363).
10
Terrorist offences
71
Offences relating to information about members of armed forces
(1)
After section 58 of the Terrorism Act 2000 (c. 11) (collection of information)
insert—
“58A
Eliciting, publishing or communicating information about members
15
of armed forces
(1)
A person commits an offence who—
(a)
elicits or attempts to elicit information about a person who is or
has been a member of Her Majesty’s Forces which is of a kind
likely to be useful to a person committing or preparing an act of
20
terrorism, or
(b)
publishes or communicates information of that kind.
(2)
It is a defence for a person charged with an offence under this section
to prove that they had a reasonable excuse for their action.
(3)
A person guilty of an offence under this section is liable—
25
(a)
on conviction on indictment, to imprisonment for a term not
exceeding 10 years or to a fine, or to both;
(b)
on summary conviction—
(i)
in England and Wales or Scotland, to imprisonment for
a term not exceeding 12 months or to a fine not
30
exceeding the statutory maximum, or to both;
(ii)
in Northern Ireland, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding the
statutory maximum, or to both.
(4)
Schedule 8A to this Act contains supplementary provisions relating to
35
the offence under this section.”.
(2)
In the application of section 58A 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) the reference in subsection (3)(b)(i) to 12 months is to be read as
a reference to 6 months.
40
(3)
In section 118 of the Terrorism Act 2000 (defences), in subsection (5)(a) after
“58,” insert “58A,”.
(4)
After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in
Schedule 7 to this Act.

Counter-Terrorism Bill
Part 7 — Miscellaneous
52

72
Terrorist property: disclosure of information about possible offences
(1)
Part 3 of the Terrorism Act 2000 (c. 11) (terrorist property) is amended as
follows.
(2)
In section 19(1) (duty to disclose belief or suspicion that offence committed), in
paragraph (b) for “comes to his attention in the course of a trade, profession,
5
business or employment” substitute—

“comes to his attention—
(i)
in the course of a trade, profession or business, or
(ii)
in the course of his employment (whether or not in the
course of a trade, profession or business).”.
10
(3)
After section 22 insert—
“22A
Meaning of “employment”
In sections 19 to 21B—
(a)
“employment” means any employment (whether paid or
unpaid) and includes—
15
(i)
work under a contract for services or as an office-holder,
(ii)
work experience provided pursuant to a training course
or programme or in the course of training for
employment, and
(iii)
voluntary work;
20
(b)
“employer” has a corresponding meaning.”.
(4)
So far as the amendment in subsection (3) above extends any provision of
sections 19 to 21B of the Terrorism Act 2000 involving belief or suspicion to
cases to which that provision did not previously apply, that provision applies
where the belief or suspicion is held after subsection (3) above comes into force
25
even if based on information that came to the person’s attention before that
subsection was in force.

In any such case sections 19(2), 21(3) and 21A(4) of that Act (duty to make
disclosure as soon as is reasonably practicable) are to be read as requiring the
person to act as soon as is reasonably practicable after subsection (3) above
30
comes into force.
Control orders
73
Control orders: powers of entry and search
(1)
After section 7 of the Prevention of Terrorism Act 2005 (c. 2) insert—
“7A
Powers of entry and search: absconding
35
(1)
If a constable reasonably suspects that the controlled person has
absconded, the constable may enter (if necessary by force) and search
premises to which this section applies—
(a)
for the purpose of determining whether the person has
absconded;
40
(b)
if it appears that the person has absconded, for material that
may assist in the pursuit and arrest of the controlled person.
(2)
The premises to which this section applies are—

Counter-Terrorism Bill
Part 7 — Miscellaneous
53

(a)
the controlled person’s place of residence;
(b)
any other premises to which the controlled person is, or at any
time has been, required to grant access in accordance with an
obligation imposed by or under a control order.
7B
Powers of entry and search: failure to grant access to premises
5
(1)
This section applies where a constable reasonably suspects that the
controlled person is not granting access to premises, as required by an
obligation imposed by or under the control order, at a time when the
controlled person is required, by an obligation so imposed, to be at
those premises.
10
(2)
The constable may enter (if necessary by force) and search the
premises—
(a)
for the purpose of determining whether any of the obligations
imposed by or under the control order have been contravened;
(b)
if it appears that an obligation has been contravened, for
15
material that may assist in the investigation of the
contravention.
7C
Powers of entry and search: monitoring compliance with order
(1)
A constable may apply for the issue of a warrant under this section for
the purposes of determining whether the controlled person is
20
complying with the obligations imposed by or under a control order.
(2)
The application must be made—
(a)
in England and Wales, to a justice of the peace;
(b)
in Scotland, to the sheriff;
(c)
in Northern Ireland, to a lay magistrate.
25
(3)
A warrant under this section shall authorise any constable to enter (if
necessary by force) and search premises to which this section applies
that are specified in the warrant.
(4)
The premises to which this section applies are—
(a)
the controlled person’s place of residence;
30
(b)
any other premises to which the controlled person is, or at any
time has been, required to grant access in accordance with an
obligation imposed by or under a control order.
(5)
An application under this section may only be granted if the justice of
the peace, the sheriff or the lay magistrate is satisfied that the issue of
35
the warrant is necessary for the purposes of determining whether the
controlled person is complying with the obligations imposed by or
under the control order.”.
(2)
In section 9 of that Act (offences)—
(a)
after subsection (3) insert—
40
“(3A)
A person who intentionally obstructs the exercise by a constable
of a power conferred by section 7A or 7B or by a warrant under
section 7C commits an offence.”;
(b)
in subsection (7) after “subsection (3)” insert “or (3A)”.

Counter-Terrorism Bill
Part 7 — Miscellaneous
54

(3)
These amendments have effect as from the commencement of this section and
apply regardless of when the control order was made.
74
Control orders: meaning of involvement in terrorism-related activity
(1)
In section 1(9) of the Prevention of Terrorism Act 2005 (c. 2) (meaning of
involvement in terrorism-related activity), in paragraph (d), for “to be involved
5
in terrorism-related activity” substitute “by the individual concerned to be
involved in conduct falling within paragraphs (a) to (c)”.
(2)
This amendment shall be deemed always to have had effect.
75
Time allowed for representations by controlled person
(1)
Section 3 of the Prevention of Terrorism Act 2005 (supervision by court of
10
making of non-derogating control orders) is amended as follows.
(2)
In subsection (7) (opportunity for individual to make representations about
directions given by the court), omit “within 7 days of the court’s giving
permission or (as the case may be) making its determination on the reference”.
(3)
After that subsection insert—
15
“(7A)
The individual must be given the opportunity to make those
representations—
(a)
in the case of directions under subsection (2)(c), within 7 days of
notice of the terms of the control order being delivered to the
individual in accordance with section 7(8);
20
(b)
in the case of directions given under subsection (6)(b) or (c),
within 7 days of the court making its determination on the
reference.”.
(4)
These amendments apply in relation to control orders made after this section
comes into force.
25
76
Application for anonymity for controlled person
(1)
In the Schedule to the Prevention of Terrorism Act 2005 (control order
proceedings etc), paragraph 5 (application for anonymity for controlled
person) is amended as follows.
(2)
In sub-paragraph (1)(a) omit “, at any time after a control order has been
30
made,”.
(3)
After sub-paragraph (3) insert—
    “(4)
In relation to a time before the control order has been made
references in this paragraph to “the controlled person” shall be read
as references to the person in respect of whom the Secretary of State
35
has made an application to the court for (as the case may be)—
(a)
permission to make a non-derogating control order under
section 3(1)(a), or
(b)
the making of a derogating control order under section 4(1).”.
(4)
These amendments shall be deemed always to have had effect.
40