|
| |
|
87 | Meaning of offence having a “terrorist connection” |
| |
For the purposes of this Act an offence has a terrorist connection if the |
| |
| |
(a) | is, or takes place in the course of, an act of terrorism, or |
| |
(b) | is committed for the purposes of terrorism. |
| 5 |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(b) | any increase attributable to this Act in the sums payable into that Fund |
| |
| |
| |
| |
The enactments specified in Schedule 8, which include enactments that are |
| 5 |
spent, are repealed to the extent specified. |
| |
| |
| |
(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. |
| |
| |
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 |
| |
| |
| 30 |
The short title of this Act is the Counter-Terrorism Act 2008. |
| |
|
| |
|
| |
|
| |
| |
| |
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 |
| |
| |
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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(7) | In regulation 115(2) (offences) omit “45E(3),”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(7) | In regulation 115(2) (offences) omit “45D(3),”. |
| |
(8) | For regulation 118(8) (provision of copies of documents open to public |
| |
| |
“(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; |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
| 15 |
| |
Amendments relating to period of pre-charge detention |
| |
| |
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 |
| |
Reserve power to extend period of detention under section 41 |
| |
| |
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 |
| |
| |
(c) | the Director of Public Prosecutions for Northern Ireland |
| |
and the Chief Constable of the Police Service of Northern |
| 35 |
| |
|
| |
|
| |
|
| |
(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- |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
(3) | The provisions of section 123(2) to (7) (Parliamentary procedure |
| |
for orders and regulations) do not apply to an order under this |
| |
| |
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 |
| |
| 45 |
|
| |
|
| |
|
(a) | that an investigation is being conducted into— |
| |
(i) | the commission, preparation or instigation of an act |
| |
| |
(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 |
| |
| |
(3) | The statement must state that the Secretary of State is satisfied— |
| |
(a) | that the reserve power is needed for the purposes of that |
| |
| 10 |
(b) | that the need to make the reserve power available is |
| |
| |
(c) | that its availability is compatible with Convention rights |
| |
(within the meaning of section 1 of the Human Rights Act |
| |
| 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 |
| |
| |
(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 |
| |
(b) | in Scotland, the Lord Advocate or a procurator fiscal, |
| |
(c) | in Northern Ireland, the Director of Public Prosecutions for |
| |
| |
| 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 |
| |
| |
(3) | An application under this paragraph must be made to a senior |
| |
| 40 |
(4) | Subject to sub-paragraph (5), the period by which the specified |
| |
period is further extended on an application under this section |
| |
| |
(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— |
| |
|
| |
|