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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),”.

 

 

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

63

 

      (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

64

 

(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

65

 

      (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—

 
 

 
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