Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 7 — Miscellaneous
55

Forfeiture of terrorist cash
77
Forfeiture of terrorist cash: determination of period for which cash may be
detained
(1)
Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (forfeiture
of terrorist cash) is amended as follows.
5
(2)
In paragraph 3 (detention of seized cash), after sub-paragraph (1) (which
specifies the period for which cash seized may initially be detained) insert—
   “(1A)
In determining the period of 48 hours specified in sub-paragraph (1)
there shall be disregarded—
(a)
any Saturday or Sunday;
10
(b)
Christmas Day;
(c)
Good Friday;
(d)
any day that is a bank holiday under the Banking and
Financial Dealings Act 1971 in the part of the United
Kingdom in which the cash is seized;
15
(e)
any day prescribed under section 8(2) of the Criminal
Procedure (Scotland) Act 1995 as a court holiday in the sheriff
court district in which the cash is seized.”.
(3)
In paragraphs 4(1) and 10(2) (which refer to the period specified in paragraph
3(1)), after “48 hours” insert “(determined in accordance with paragraph
20
3(1A))”.
(4)
The amendments in this section apply in relation to cash seized after this
section comes into force.
78
Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
(1)
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of
25
terrorist cash), for paragraph 7 (appeal against forfeiture) substitute—
“Appeal against decision in forfeiture proceedings
7     (1)
A party to proceedings for an order under paragraph 6 (“a forfeiture
order”) who is aggrieved by a forfeiture order made in the
proceedings or by the decision of the court or sheriff not to make a
30
forfeiture order may appeal—
(a)
in England and Wales, to the Crown Court;
(b)
in Scotland, to the sheriff principal;
(c)
in Northern Ireland, to a county court.
      (2)
The appeal must be brought before the end of the period of 30 days
35
beginning with the date on which the order is made or, as the case
may be, the decision is given.

This is subject to paragraph 7A (extended time for appealing in
certain cases of deproscription).
      (3)
The court or sheriff principal hearing the appeal may make any order
40
that appears to the court or sheriff principal to be appropriate.
      (4)
If an appeal against a forfeiture order is upheld, the court or sheriff
principal may order the release of the cash.

Counter-Terrorism Bill
Part 7 — Miscellaneous
56

Extended time for appealing in certain cases where deproscription order made
7A    (1)
This paragraph applies where—
(a)
a successful application for a forfeiture order relies (wholly or
partly) on the fact that an organisation is proscribed,
(b)
an application under section 4 of the Terrorism Act 2000 for a
5
deproscription order in respect of the organisation is refused
by the Secretary of State,
(c)
the forfeited cash is seized under this Schedule on or after the
date of the refusal of that application,
(d)
an appeal against that refusal is allowed under section 5 of
10
that Act,
(e)
a deproscription order is made accordingly, and
(f)
if the order is made in reliance on section 123(5) of that Act, a
resolution is passed by each House of Parliament under
section 123(5)(b).
15
      (2)
Where this paragraph applies, an appeal under paragraph 7 above
against the forfeiture order may be brought at any time before the
end of the period of 30 days beginning with the date on which the
deproscription order comes into force.
      (3)
In this paragraph a “deproscription order” means an order under
20
section 3(3)(b) or (8) of the Terrorism Act 2000.”.
(2)
This amendment applies where the order or decision of the court or sheriff
against which the appeal is brought is made or given after this section comes
into force.
Costs of policing at gas facilities
25
79
Costs of policing at gas facilities: England and Wales
(1)
This section applies where the Secretary of State considers—
(a)
that the provision of extra police services at a gas facility in England or
Wales is necessary because of a risk of loss of or disruption to the
supply of gas connected with it, and
30
(b)
that the loss or disruption would have a serious impact on the United
Kingdom or any part of it.
(2)
In this section “extra police services” means—
(a)
the services of the Ministry of Defence Police provided under an
agreement with the Secretary of State for Defence under section 2(2)(e)
35
of the Ministry of Defence Police Act 1987 (c. 4), or
(b)
special police services provided under section 25(1) of the Police Act
1996 (c. 16) at the Secretary of State’s request.
(3)
The Secretary of State may require a designated gas transporter who has an
interest in the gas facility to pay all or part of the costs incurred by the Secretary
40
of State in respect of the provision of extra police services in or around the
facility.
(4)
In this section “gas facility” means a facility used for the purposes of, or for
purposes connected with, the transportation of gas from a gas shipper to a gas
transporter or gas supplier.
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Counter-Terrorism Bill
Part 7 — Miscellaneous
57

(5)
The reference in subsection (3) to a designated gas transporter having an
interest in a gas facility includes the facility being used for, or for purposes
connected with, the supply of gas to the transporter.
80
Costs of policing at gas facilities: Scotland
(1)
This section applies where the Secretary of State considers—
5
(a)
that the provision of extra police services at a gas facility in Scotland is
necessary because of a risk of loss of or disruption to the supply of gas
connected with it, and
(b)
that the loss or disruption would have a serious impact on the United
Kingdom or any part of it.
10
(2)
In this section “extra police services” means—
(a)
the services of the Ministry of Defence Police provided under an
agreement with the Secretary of State for Defence under section 2(2)(e)
of the Ministry of Defence Police Act 1987 (c. 4), or
(b)
police services provided under an agreement under section 13 of the
15
Police (Scotland) Act 1967 (c. 77) for the guarding, patrolling and
watching of the gas facility entered into at the request of the Secretary
of State by—
(i)
the occupier of, or of part of, the facility, and
(ii)
the police authority, chief constable of the police force or joint
20
police board for the police area in which it is situated.
(3)
The Secretary of State may require a designated gas transporter who has an
interest in the gas facility to pay all or part of the costs incurred by the Secretary
of State in respect of the provision of extra police services within subsection
(2)(a) in or around the facility.
25
(4)
The Secretary of State, if so requested by the occupier, must require a
designated gas transporter who has an interest in the gas facility to pay the
reasonable costs incurred by the occupier under any such agreement as is
mentioned in subsection (2)(b).
(5)
In this section “gas facility” means a facility used for the purposes of, or for
30
purposes connected with, the transportation of gas from a gas shipper to a gas
transporter or gas supplier.
(6)
References in this section to a designated gas transporter having an interest in
a gas facility include the facility being used for, or for purposes connected with,
the supply of gas to the transporter.
35
81
Designated gas transporters
(1)
The Secretary of State may by order designate a person who is the holder of a
licence under section 7 of the Gas Act 1986 (c. 44) (licensing of gas transporters)
as a designated gas transporter for the purposes of sections 79 to 84.
(2)
The order may provide for a person to be designated only in such capacity as
40
may be specified in the order.
(3)
An order under this section is subject to negative resolution procedure.

Counter-Terrorism Bill
Part 7 — Miscellaneous
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82
Costs of policing at gas facilities: recovery of costs
(1)
The Secretary of State may determine—
(a)
the amount of the costs to be paid by a designated gas transporter
under section 79 or 80,
(b)
the manner in which and the times at which those costs are to be paid,
5
and
(c)
the person or persons to whom they are to be paid.
(2)
An occupier who incurs costs under an agreement under section 13 of the
Police (Scotland) Act 1967 (c. 77) that are required to be paid by a designated
gas transporter under section 80 may recover them directly from the
10
designated gas transporter.
(3)
A designated gas transporter may, in determining its charges for conveying
gas through pipes, take into account—
(a)
any payments made by the designated gas transporter under section 79
or 80, and
15
(b)
the reasonable costs incurred by it as party to an agreement under
section 13 of the Police (Scotland) Act 1967 entered into at the Secretary
of State’s request.

This applies despite anything in the conditions of the designated gas
transporter’s licence under section 7 of the Gas Act 1986 (c. 44) that prevents
20
the transporter from recovering such payments or costs.
(4)
The Secretary of State may direct the Gas and Electricity Markets Authority
(“the Authority”)—
(a)
to treat the payments or costs as costs of a kind specified by the
Secretary of State for the purposes of the determination by the
25
designated gas transporter of the transporter’s charges, or
(b)
to allow the designated gas transporter to take into account payments
made or costs incurred in or in relation to a period so specified in
determining the transporter’s charges for a period so specified.
(5)
The Secretary of State must consult the designated gas transporter and the
30
Authority before giving a direction under this section.
83
Costs of policing at gas facilities: supplementary provisions
(1)
The Secretary of State must consult a designated gas transporter and the
Authority—
(a)
before the first time the Secretary of State requires the designated gas
35
transporter to pay any costs under section 79 or 80,
(b)
before the first time the Secretary of State requires the designated gas
transporter to pay such costs in respect of a particular gas facility, and
(c)
where extra police services were previously provided at a particular
gas facility, before the first time the Secretary of State requires the
40
designated gas transporter to pay such costs as the result of such
services being provided on a subsequent occasion.
(2)
The Secretary of State is not required—
(a)
to take into account representations made after the end of the period of
28 days beginning with the day on which the person making the
45
representations was consulted under subsection (1);

Counter-Terrorism Bill
Part 8 — Supplementary provisions
59

(b)
to consult anyone else before requiring a designated gas transporter to
pay costs under section 79 or 80.
(3)
Sections 4AA to 4A of the Gas Act 1986 (c. 44) (principal objective and general
duties of the Secretary of State and the Authority) do not apply in relation to
anything done or omitted by the Secretary of State or the Authority in the
5
exercise of functions under sections 79 to 83.
(4)
Expressions used in those sections that are defined in Part 1 of the Gas Act 1986
have the same meaning as in that Part.
84
Application of provisions to costs incurred before commencement
Sections 79 to 83 apply in relation to costs incurred in the period—
10
(a)
beginning with 16th January 2007, and
(b)
ending with the day before those sections come into force,
as they apply in relation to costs incurred on or after that day.
Appointment of special advocates in Northern Ireland
85
Appointment of special advocates in Northern Ireland
15
(1)
In the following provisions for “Attorney General for Northern Ireland”,
wherever occurring, substitute “Advocate General for Northern Ireland”.
(2)
The provisions are—
section 6(2)(c) of the Special Immigration Appeals Commission Act 1997
(c. 68) (appointment of special advocate in proceedings before the
20
Special Immigration Appeals Commission);
rule 9(1) of the Northern Ireland Act Tribunal (Procedure) Rules 1999 (SI
1999/2131) (appointment of special advocate in proceedings before the
tribunal appointed under section 91 of the Northern Ireland Act 1998
(c. 47));
25
paragraph 7(2)(c) of Schedule 3 to the Terrorism Act 2000 (c. 11)
(appointment of special advocate in proceedings before the Proscribed
Organisations Appeal Commission);
paragraph 6(2)(c) of Schedule 11 to the Anti-terrorism, Crime and Security
Act 2001 (c. 24) (appointment of special advocate in proceedings before
30
the Pathogens Access Appeal Commission).
(3)
These amendments come into force when section 27 of the Justice (Northern
Ireland) Act 2002 (c. 26) comes into force
Part 8
Supplementary provisions
35
General definitions
86
Meaning of “terrorism”
In this Act “terrorism” has the same meaning as in the Terrorism Act 2000
(c. 11) (see section 1 of that Act).