Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 8 — Supplementary provisions
60

87
Meaning of offence having a “terrorist connection”
For the purposes of this Act an offence has a terrorist connection if the
offence—
(a)
is, or takes place in the course of, an act of terrorism, or
(b)
is committed for the purposes of terrorism.
5
Orders and regulations
88
Orders and regulations
(1)
Orders and regulations under this Act must be made by statutory instrument.
(2)
Orders or regulations under this Act may—
(a)
make different provision for different cases or circumstances,
10
(b)
include supplementary, incidental and consequential provision, and
(c)
make transitional provision and savings.
(3)
Any provision that may be made by regulations under this Act may be made
by order; and any provision that may be made by order under this Act may be
made by regulations.
15
89
Orders and regulations: affirmative and negative resolution procedure
(1)
Where orders or regulations under this Act are subject to “affirmative
resolution procedure” the order or regulations must not be made unless a draft
of the statutory instrument containing them has been laid before Parliament
and approved by a resolution of each House of Parliament.
20
(2)
Where orders or regulations under this Act are subject to “negative resolution
procedure” the statutory instrument containing the order or regulations shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
Provision that may be made by order or regulations under this Act for which
25
no Parliamentary procedure is prescribed may be included in an instrument
subject to negative or affirmative resolution procedure.
(4)
Provision that may be made by order or regulations under this Act subject to
negative resolution procedure may be included in an instrument subject to
affirmative resolution procedure.
30
Financial provisions
90
Financial provisions
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenses of the Secretary of State under this Act, and
(b)
any increase attributable to this Act in the sums payable out of money
35
so provided under any other Act.
(2)
There shall be paid into the Consolidated Fund—
(a)
any sums received by the Secretary of State under this Act, and

Counter-Terrorism Bill
Part 8 — Supplementary provisions
61

(b)
any increase attributable to this Act in the sums payable into that Fund
under any other Act.
Repeals
91
Repeals
The enactments specified in Schedule 8, which include enactments that are
5
spent, are repealed to the extent specified.
Final provisions
92
Commencement
(1)
The provisions of this Part, except section 91 and Schedule 8 (repeals), come
into force on the day this Act is passed.
10
(2)
Part 5 (asset freezing proceedings) comes into force on the day after the day on
which this Act is passed.
(3)
Sections 79 to 84 (costs of policing at gas facilities) come into force at the end of
the period of two months beginning with the day on which this Act is passed.
(4)
Section 85 (appointment of special advocates in Northern Ireland) comes into
15
force in accordance with subsection (3) of that section.
(5)
The other provisions of this Act come into force on such day as may be
appointed by order of the Secretary of State.
(6)
The Secretary of State may by order make such transitional provision and
savings as appears necessary or expedient in connection with the
20
commencement of any provision of this Act.
93
Extent
Except as otherwise provided—
(a)
an amendment or repeal by this Act has the same extent as the
enactment amended or repealed; and
25
(b)
any other provisions of this Act—
(i)
extend to the whole of the United Kingdom, and
(ii)
do not extend to any country or territory outside the United
Kingdom.
94
Short title
30
The short title of this Act is the Counter-Terrorism Act 2008.

Counter-Terrorism Bill
Schedule 1 — Disclosure and the intelligence services: consequential amendments
62

Schedules
Schedule 1
Section 20

Disclosure and the intelligence services: consequential amendments
Anti-terrorism, Crime and Security Act 2001 (c. 24)
1
In section 19(2) of the Anti-terrorism, Crime and Security Act 2001
5
(disclosure of information held by revenue departments), omit paragraph
(a).
Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
2     (1)
The Representation of the People (England and Wales) Regulations 2001 are
amended as follows.
10
      (2)
In regulation 45E (supply of record of anonymous entries to the security
services), omit paragraphs (3) and (4).
      (3)
In regulation 102(6) (supply of full register: general restrictions on use), for
“regulations 103 to 109” substitute “regulations 103 to 108 or 109”.
      (4)
After regulation 108 insert—
15
“108A
Supply of full register etc to the security services
(1)
This regulation applies to—
(a)
the Security Service;
(b)
the Government Communications Headquarters;
(c)
the Secret Intelligence Service.
20
(2)
For the purposes of regulation 102(1) above the relevant part of the
documents listed in that provision is the whole of them.”.
      (5)
In regulation 109 (supply of full register etc to police force and other
agencies and restrictions on use), omit—
(a)
paragraph (1)(g) to (i);
25
(b)
in paragraph (4)(a), the words preceding paragraph (i);
(c)
paragraph (4)(b) and the word “and” immediately preceding it.
      (6)
In regulation 113 (sale of full register to government departments and other
bodies)—
(a)
in the closing words of paragraph (1), after “other than” insert “a
30
department to which regulation 108A applies or”;
(b)
in paragraph (3) for “regulation 109(1)(g) to (i),” substitute
“regulation 108A”.
      (7)
In regulation 115(2) (offences) omit “45E(3),”.

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Schedule 1 — Disclosure and the intelligence services: consequential amendments
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      (8)
For regulation 118(8) (provision of copies of documents open to public
inspection) substitute insert—
“(8)
The relevant registration officer shall, on request, supply free of
charge copies of any documents open to public inspection—
(a)
to each of the departments mentioned in regulation 108A;
5
(b)
to a person who has inspected those documents and who is
entitled to be supplied with a copy of the marked register or
lists by virtue of being a person to whom regulation 109
applies.”.
      (9)
In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”.
10
Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
3     (1)
The Representation of the People (Scotland) Regulations 2001 are amended
as follows.
      (2)
In regulation 45D (supply of record of anonymous entries to the security
services), omit paragraphs (3) and (4).
15
      (3)
In regulation 101(6) (supply of full register: general restrictions on use), for
“regulations 102 to 108” substitute “regulations 102 to 107 or 108”.
      (4)
After regulation 107 insert—
“107A
Supply of full register etc to the security services
(1)
This regulation applies to—
20
(a)
the Security Service;
(b)
the Government Communications Headquarters;
(c)
the Secret Intelligence Service.
(2)
For the purposes of regulation 101(1) above the relevant part of the
documents listed in that provision is the whole of them.”.
25
      (5)
In regulation 108 (supply of full register etc to police force and other
agencies and restrictions on use), omit—
(a)
paragraph (1)(g) to (i);
(b)
in paragraph (4)(a), the words preceding paragraph (i);
(c)
paragraph (4)(b) and the word “and” immediately preceding it.
30
      (6)
In regulation 112 (sale of full register to government departments and other
bodies)—
(a)
in the closing words of paragraph (1), after “other than” insert “a
department to which regulation 107A applies or”;
(b)
in paragraph (3) for “regulation 108(1)(g) to (i),” substitute
35
“regulation 107A”.
      (7)
In regulation 115(2) (offences) omit “45D(3),”.
      (8)
For regulation 118(8) (provision of copies of documents open to public
inspection) substitute—
“(8)
The relevant registration officer shall, on request, supply free of
40
charge copies of any documents open to public inspection—
(a)
to each of the departments mentioned in regulation 107A;

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
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(b)
to a person who has inspected those documents and who is
entitled to be supplied with a copy of the marked register or
lists by virtue of being a person to whom regulation 108
applies.”.
      (9)
In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”.
5
Immigration, Asylum and Nationality Act 2006 (c. 13)
4
In the Immigration, Asylum and Nationality Act 2006, omit section 38
(disclosure of information for security purposes).
Statistics and Registration Service Act 2007 (c.18)
5
In the Statistics and Registration Service Act 2007, omit—
10
(a)
section 39(4)(g) (permitted disclosure of personal information:
disclosure to an Intelligence Service); and
(b)
in section 67 (general interpretation), the definition of “Intelligence
Service”.
Schedule 2
15
Section 22

Amendments relating to period of pre-charge detention
Part 1
Reserve power to extend maximum period of detention
1
After Part 3 of Schedule 8 to the Terrorism Act 2000 (c. 11) (extension of
detention under section 41) insert—
20
“Part 4
Reserve power to extend period of detention under section 41
Introductory
38
In this Part of this Schedule “the reserve power” means the power
conferred by paragraph 42.
25
Report on operational need for reserve power
39    (1)
An order declaring that the reserve power is available (see
paragraph 40) may only be made if a report complying with the
requirements of this paragraph has been received from—
(a)
the Director of Public Prosecutions and the chief officer of
30
a police force in England and Wales,
(b)
the Crown Agent and the chief constable of a police force
in Scotland, or
(c)
the Director of Public Prosecutions for Northern Ireland
and the Chief Constable of the Police Service of Northern
35
Ireland.

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
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      (2)
The report must—
(a)
state that each of the persons making the report is satisfied
that there are reasonable grounds for believing that the
detention of one or more persons beyond the period that
could be authorised under paragraph 36 will be necessary
5
for one or more of the purposes mentioned in sub-
paragraph (3) below, and
(b)
give details of the grounds for that belief.
      (3)
The purposes referred to in sub-paragraph (2)(a) are—
(a)
to obtain relevant evidence, whether by questioning or
10
otherwise,
(b)
to preserve relevant evidence, or
(c)
pending the result of an examination or analysis of any
relevant evidence or of anything the examination or
analysis of which is to be or is being carried out with a view
15
to obtaining relevant evidence.
      (4)
In sub-paragraph (3) “relevant evidence” means—
(a)
evidence relating to the commission by the detained
person or persons of an offence under any of the
provisions mentioned in section 40(1)(a), or
20
(b)
evidence indicating that the detained person or persons is
or are persons falling within section 40(1)(b).
      (5)
The report must also state that each of the persons making the
report is satisfied that the investigation in connection with which
the detained person or persons is or are detained is being
25
conducted diligently and expeditiously.
Order declaring reserve power available
40    (1)
The Secretary of State may by order declare that the reserve power
is available.
      (2)
The effect of making such an order is that the reserve power is
30
available in the case of all persons—
(a)
then detained under section 41, or
(b)
subsequently detained under that section at a time when
the power remains available.

For the period for which the power remains available, see
35
paragraph 45.
      (3)
The provisions of section 123(2) to (7) (Parliamentary procedure
for orders and regulations) do not apply to an order under this
paragraph.
Statement to be laid before Parliament after making reserve power available
40
41    (1)
After making an order declaring that the reserve power is
available, the Secretary of State must lay before Parliament a
statement complying with this paragraph.
      (2)
The statement must state that the Secretary of State has received
information indicating—
45

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
66

(a)
that an investigation is being conducted into—
(i)
the commission, preparation or instigation of an act
of terrorism, or
(ii)
an act that appears to have been done for the
purposes of terrorism; and
5
(b)
that the investigation gives rise to an exceptional
operational need.
      (3)
The statement must state that the Secretary of State is satisfied—
(a)
that the reserve power is needed for the purposes of that
investigation;
10
(b)
that the need to make the reserve power available is
urgent; and
(c)
that its availability is compatible with Convention rights
(within the meaning of section 1 of the Human Rights Act
1998).
15
      (4)
The statement may include such other information as to the
reasons for the decision to make the order as appears to the
Secretary of State to be appropriate.
      (5)
The statement must not include—
(a)
the name of any person then detained under section 41, or
20
(b)
any material that might prejudice the prosecution of any
person.
      (6)
The statement must be laid before Parliament within two days
after the day on which the order was made or, if that is not
practicable, as soon as is practicable.
25
Application to court to authorise further detention in individual cases
42    (1)
This paragraph has effect when the reserve power is available.
      (2)
Each of the following—
(a)
in England and Wales, the Director of Public Prosecutions
or a Crown Prosecutor acting with the consent of the
30
Director,
(b)
in Scotland, the Lord Advocate or a procurator fiscal,
(c)
in Northern Ireland, the Director of Public Prosecutions for
Northern Ireland,

may apply for the extension of the period specified in the warrant
35
of further detention under which a person is detained, beyond the
period that may be authorised on an application under paragraph
36.
      (3)
An application under this paragraph must be made to a senior
judge.
40
      (4)
Subject to sub-paragraph (5), the period by which the specified
period is further extended on an application under this section
shall be the period—
(a)
beginning with the end of the period for which the period
specified in the warrant was last extended, and
45
(b)
ending with whichever is the earlier of—