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Forfeiture of terrorist cash |
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77 | Forfeiture of terrorist cash: determination of period for which cash may be |
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(1) | Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (forfeiture |
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of terrorist cash) is amended as follows. |
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(2) | In paragraph 3 (detention of seized cash), after sub-paragraph (1) (which |
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specifies the period for which cash seized may initially be detained) insert— |
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“(1A) | In determining the period of 48 hours specified in sub-paragraph (1) |
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there shall be disregarded— |
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(a) | any Saturday or Sunday; |
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(d) | any day that is a bank holiday under the Banking and |
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Financial Dealings Act 1971 in the part of the United |
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Kingdom in which the cash is seized; |
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(e) | any day prescribed under section 8(2) of the Criminal |
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Procedure (Scotland) Act 1995 as a court holiday in the sheriff |
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court district in which the cash is seized.”. |
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(3) | In paragraphs 4(1) and 10(2) (which refer to the period specified in paragraph |
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3(1)), after “48 hours” insert “(determined in accordance with paragraph |
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(4) | The amendments in this section apply in relation to cash seized after this |
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section comes into force. |
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78 | Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings |
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(1) | In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of |
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terrorist cash), for paragraph 7 (appeal against forfeiture) substitute— |
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“Appeal against decision in forfeiture proceedings |
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7 (1) | A party to proceedings for an order under paragraph 6 (“a forfeiture |
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order”) who is aggrieved by a forfeiture order made in the |
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proceedings or by the decision of the court or sheriff not to make a |
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forfeiture order may appeal— |
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(a) | in England and Wales, to the Crown Court; |
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(b) | in Scotland, to the sheriff principal; |
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(c) | in Northern Ireland, to a county court. |
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(2) | The appeal must be brought before the end of the period of 30 days |
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beginning with the date on which the order is made or, as the case |
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may be, the decision is given. |
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| This is subject to paragraph 7A (extended time for appealing in |
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certain cases of deproscription). |
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(3) | The court or sheriff principal hearing the appeal may make any order |
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that appears to the court or sheriff principal to be appropriate. |
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(4) | If an appeal against a forfeiture order is upheld, the court or sheriff |
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principal may order the release of the cash. |
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|
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Extended time for appealing in certain cases where deproscription order made |
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7A (1) | This paragraph applies where— |
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(a) | a successful application for a forfeiture order relies (wholly or |
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partly) on the fact that an organisation is proscribed, |
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(b) | an application under section 4 of the Terrorism Act 2000 for a |
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deproscription order in respect of the organisation is refused |
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by the Secretary of State, |
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(c) | the forfeited cash is seized under this Schedule on or after the |
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date of the refusal of that application, |
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(d) | an appeal against that refusal is allowed under section 5 of |
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(e) | a deproscription order is made accordingly, and |
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(f) | if the order is made in reliance on section 123(5) of that Act, a |
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resolution is passed by each House of Parliament under |
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(2) | Where this paragraph applies, an appeal under paragraph 7 above |
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against the forfeiture order may be brought at any time before the |
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end of the period of 30 days beginning with the date on which the |
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deproscription order comes into force. |
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(3) | In this paragraph a “deproscription order” means an order under |
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section 3(3)(b) or (8) of the Terrorism Act 2000.”. |
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(2) | This amendment applies where the order or decision of the court or sheriff |
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against which the appeal is brought is made or given after this section comes |
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Costs of policing at gas facilities |
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79 | Costs of policing at gas facilities: England and Wales |
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(1) | This section applies where the Secretary of State considers— |
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(a) | that the provision of extra police services at a gas facility in England or |
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Wales is necessary because of a risk of loss of or disruption to the |
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supply of gas connected with it, and |
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(b) | that the loss or disruption would have a serious impact on the United |
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Kingdom or any part of it. |
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(2) | In this section “extra police services” means— |
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(a) | the services of the Ministry of Defence Police provided under an |
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agreement with the Secretary of State for Defence under section 2(2)(e) |
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of the Ministry of Defence Police Act 1987 (c. 4), or |
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(b) | special police services provided under section 25(1) of the Police Act |
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1996 (c. 16) at the Secretary of State’s request. |
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(3) | The Secretary of State may require a designated gas transporter who has an |
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interest in the gas facility to pay all or part of the costs incurred by the Secretary |
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of State in respect of the provision of extra police services in or around the |
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(4) | In this section “gas facility” means a facility used for the purposes of, or for |
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purposes connected with, the transportation of gas from a gas shipper to a gas |
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transporter or gas supplier. |
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|
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(5) | The reference in subsection (3) to a designated gas transporter having an |
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interest in a gas facility includes the facility being used for, or for purposes |
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connected with, the supply of gas to the transporter. |
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80 | Costs of policing at gas facilities: Scotland |
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(1) | This section applies where the Secretary of State considers— |
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(a) | that the provision of extra police services at a gas facility in Scotland is |
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necessary because of a risk of loss of or disruption to the supply of gas |
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(b) | that the loss or disruption would have a serious impact on the United |
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Kingdom or any part of it. |
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(2) | In this section “extra police services” means— |
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(a) | the services of the Ministry of Defence Police provided under an |
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agreement with the Secretary of State for Defence under section 2(2)(e) |
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of the Ministry of Defence Police Act 1987 (c. 4), or |
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(b) | police services provided under an agreement under section 13 of the |
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Police (Scotland) Act 1967 (c. 77) for the guarding, patrolling and |
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watching of the gas facility entered into at the request of the Secretary |
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(i) | the occupier of, or of part of, the facility, and |
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(ii) | the police authority, chief constable of the police force or joint |
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police board for the police area in which it is situated. |
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(3) | The Secretary of State may require a designated gas transporter who has an |
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interest in the gas facility to pay all or part of the costs incurred by the Secretary |
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of State in respect of the provision of extra police services within subsection |
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(2)(a) in or around the facility. |
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(4) | The Secretary of State, if so requested by the occupier, must require a |
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designated gas transporter who has an interest in the gas facility to pay the |
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reasonable costs incurred by the occupier under any such agreement as is |
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mentioned in subsection (2)(b). |
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(5) | In this section “gas facility” means a facility used for the purposes of, or for |
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purposes connected with, the transportation of gas from a gas shipper to a gas |
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transporter or gas supplier. |
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(6) | References in this section to a designated gas transporter having an interest in |
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a gas facility include the facility being used for, or for purposes connected with, |
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the supply of gas to the transporter. |
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81 | Designated gas transporters |
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(1) | The Secretary of State may by order designate a person who is the holder of a |
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licence under section 7 of the Gas Act 1986 (c. 44) (licensing of gas transporters) |
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as a designated gas transporter for the purposes of sections 79 to 84. |
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(2) | The order may provide for a person to be designated only in such capacity as |
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may be specified in the order. |
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(3) | An order under this section is subject to negative resolution procedure. |
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82 | Costs of policing at gas facilities: recovery of costs |
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(1) | The Secretary of State may determine— |
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(a) | the amount of the costs to be paid by a designated gas transporter |
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(b) | the manner in which and the times at which those costs are to be paid, |
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(c) | the person or persons to whom they are to be paid. |
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(2) | An occupier who incurs costs under an agreement under section 13 of the |
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Police (Scotland) Act 1967 (c. 77) that are required to be paid by a designated |
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gas transporter under section 80 may recover them directly from the |
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designated gas transporter. |
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(3) | A designated gas transporter may, in determining its charges for conveying |
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gas through pipes, take into account— |
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(a) | any payments made by the designated gas transporter under section 79 |
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(b) | the reasonable costs incurred by it as party to an agreement under |
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section 13 of the Police (Scotland) Act 1967 entered into at the Secretary |
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| This applies despite anything in the conditions of the designated gas |
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transporter’s licence under section 7 of the Gas Act 1986 (c. 44) that prevents |
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the transporter from recovering such payments or costs. |
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(4) | The Secretary of State may direct the Gas and Electricity Markets Authority |
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(a) | to treat the payments or costs as costs of a kind specified by the |
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Secretary of State for the purposes of the determination by the |
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designated gas transporter of the transporter’s charges, or |
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(b) | to allow the designated gas transporter to take into account payments |
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made or costs incurred in or in relation to a period so specified in |
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determining the transporter’s charges for a period so specified. |
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(5) | The Secretary of State must consult the designated gas transporter and the |
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Authority before giving a direction under this section. |
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83 | Costs of policing at gas facilities: supplementary provisions |
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(1) | The Secretary of State must consult a designated gas transporter and the |
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(a) | before the first time the Secretary of State requires the designated gas |
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transporter to pay any costs under section 79 or 80, |
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(b) | before the first time the Secretary of State requires the designated gas |
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transporter to pay such costs in respect of a particular gas facility, and |
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(c) | where extra police services were previously provided at a particular |
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gas facility, before the first time the Secretary of State requires the |
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designated gas transporter to pay such costs as the result of such |
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services being provided on a subsequent occasion. |
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(2) | The Secretary of State is not required— |
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(a) | to take into account representations made after the end of the period of |
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28 days beginning with the day on which the person making the |
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representations was consulted under subsection (1); |
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|
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|
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(b) | to consult anyone else before requiring a designated gas transporter to |
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pay costs under section 79 or 80. |
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(3) | Sections 4AA to 4A of the Gas Act 1986 (c. 44) (principal objective and general |
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duties of the Secretary of State and the Authority) do not apply in relation to |
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anything done or omitted by the Secretary of State or the Authority in the |
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exercise of functions under sections 79 to 83. |
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(4) | Expressions used in those sections that are defined in Part 1 of the Gas Act 1986 |
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have the same meaning as in that Part. |
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84 | Application of provisions to costs incurred before commencement |
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Sections 79 to 83 apply in relation to costs incurred in the period— |
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(a) | beginning with 16th January 2007, and |
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(b) | ending with the day before those sections come into force, |
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as they apply in relation to costs incurred on or after that day. |
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Appointment of special advocates in Northern Ireland |
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85 | Appointment of special advocates in Northern Ireland |
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(1) | In the following provisions for “Attorney General for Northern Ireland”, |
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wherever occurring, substitute “Advocate General for Northern Ireland”. |
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section 6(2)(c) of the Special Immigration Appeals Commission Act 1997 |
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(c. 68) (appointment of special advocate in proceedings before the |
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Special Immigration Appeals Commission); |
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rule 9(1) of the Northern Ireland Act Tribunal (Procedure) Rules 1999 (SI |
| |
1999/2131) (appointment of special advocate in proceedings before the |
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tribunal appointed under section 91 of the Northern Ireland Act 1998 |
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paragraph 7(2)(c) of Schedule 3 to the Terrorism Act 2000 (c. 11) |
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(appointment of special advocate in proceedings before the Proscribed |
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Organisations Appeal Commission); |
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paragraph 6(2)(c) of Schedule 11 to the Anti-terrorism, Crime and Security |
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Act 2001 (c. 24) (appointment of special advocate in proceedings before |
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the Pathogens Access Appeal Commission). |
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(3) | These amendments come into force when section 27 of the Justice (Northern |
| |
Ireland) Act 2002 (c. 26) comes into force |
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86 | Meaning of “terrorism” |
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In this Act “terrorism” has the same meaning as in the Terrorism Act 2000 |
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(c. 11) (see section 1 of that Act). |
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