Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 6 — Foreign travel restriction orders
81

Schedule 6
Section 55

Foreign travel restriction orders
Introductory
1
A foreign travel restriction order is an order prohibiting the person to whom
it applies from doing whichever of the following is specified in the order—
5
(a)
travelling to a country outside the United Kingdom named or
described in the order;
(b)
travelling to any country outside the United Kingdom other than a
country named or described in the order;
(c)
travelling to any country outside the United Kingdom.
10
Conditions for making a foreign travel restriction order
2     (1)
The conditions for making a foreign travel restriction order in respect of a
person are as follows.
      (2)
The first condition is that the notification requirements apply to the person.
      (3)
The second condition is that the person’s behaviour since the person was
15
dealt with for the offence by virtue of which those requirements apply
makes it necessary for a foreign travel restriction order to be made to prevent
the person from taking part in terrorism activity outside the United
Kingdom.
      (4)
If the person was dealt with for the offence before the commencement of this
20
Part, the condition in sub-paragraph (3) is not met unless the person has
acted in that way since the commencement of this Part.
      (5)
If on an application for a foreign travel restriction order the court is satisfied
that the conditions in sub-paragraphs (2) and (3) are met, it may make a
foreign travel restriction order.
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Application for foreign travel restriction order
3     (1)
In England and Wales an application for a foreign travel restriction order in
respect of a person may only be made by a chief officer of police.
      (2)
An application may only be made if—
(a)
the person resides in the chief officer’s police area, or
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(b)
the chief officer believes that the person is in, or is intending to come
to, that area.
      (3)
The application must be made by complaint to a magistrates’ court whose
commission area includes any part of the chief officer’s police area.
4     (1)
In Scotland an application for a foreign travel restriction order in respect of
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a person may only be made by a chief constable.
      (2)
An application may only be made if—
(a)
the person resides in the area of the chief constable’s police force, or
(b)
the chief constable believes that the person is in, or is intending to
come to, that area.
40

Counter-Terrorism Bill
Schedule 6 — Foreign travel restriction orders
82

      (3)
The application must be made by summary application to a sheriff within
whose sheriffdom any part of the area of the chief constable’s police force
lies.
      (4)
A record of evidence is to be kept on any such summary application.
      (5)
Where the sheriff makes a foreign travel restriction order, the clerk of the
5
court must give a copy of the order to the respondent or send a copy to the
respondent by registered post or the recorded delivery service.
      (6)
An acknowledgement or certificate of delivery issued by the Post Office is
sufficient evidence of the delivery of the copy on the day specified in the
acknowledgement or certificate.
10
5     (1)
In Northern Ireland an application for a foreign travel restriction order in
respect of a person may only be made by the Chief Constable of the Police
Service of Northern Ireland.
      (2)
An application may only be made if—
(a)
the person resides in Northern Ireland, or
15
(b)
the Chief Constable believes that the person is in, or is intending to
come to, Northern Ireland.
      (3)
The application must be made by complaint under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of
summary jurisdiction.
20
Provisions of a foreign travel restriction order
6     (1)
A foreign travel restriction order may prohibit the person to whom it
applies—
(a)
from travelling to any country outside the United Kingdom named
or described in the order; or
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(b)
from travelling to any country outside the United Kingdom other
than a country named or described in the order; or
(c)
from travelling to any country outside the United Kingdom.
      (2)
The order must only impose such prohibitions as are necessary for the
purpose of preventing the person from taking part in terrorism activity
30
outside the United Kingdom.
      (3)
A foreign travel restriction order containing a prohibition within sub-
paragraph (1)(c) must require the person to whom it applies to surrender all
that person’s passports, at a police station specified in the order—
(a)
on or before the date when the prohibition takes effect, or
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(b)
within a period specified in the order.
      (4)
Any passports surrendered must be returned as soon as reasonably
practicable after the person ceases to be subject to a foreign travel restriction
order containing such a prohibition.
Duration of foreign travel restriction order
40
7     (1)
A foreign travel restriction order has effect for a fixed period of not more
than 6 months.
      (2)
The period must be specified in the order.

Counter-Terrorism Bill
Schedule 6 — Foreign travel restriction orders
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      (3)
A foreign travel order ceases to have effect if a court (whether the same or
another court) makes another foreign travel restriction order in relation to
the person to whom the earlier order applies.
Variation, renewal or discharge of order
8     (1)
In England and Wales an application for an order varying, renewing or
5
discharging a foreign travel restriction order may be made by—
(a)
the person subject to the order;
(b)
the chief officer of police on whose application the order was made;
(c)
the chief officer of police for the area in which the person subject to
the order resides; or
10
(d)
a chief officer of police who believes that the person subject to the
order is in, or is intending to come to, the officer’s police area.
      (2)
The application must be made by complaint to—
(a)
a magistrates’ court for the same area as the court that made the
order,
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(b)
a magistrates’ court for the area in which the person subject to the
order resides, or
(c)
where the application is made by a chief officer of police, any
magistrates’ court whose commission area includes any part of that
chief officer’s police area.
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      (3)
On an application under this paragraph the court may make such order
varying, renewing or discharging the foreign travel restriction order as it
considers appropriate.
      (4)
Before doing so it must hear the person making the application and (if they
wish to be heard) the other persons mentioned in sub-paragraph (1).
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9     (1)
In Scotland an application for an order varying, renewing or discharging a
foreign travel restriction order may be made by—
(a)
the person subject to the order;
(b)
the chief constable on whose application the order was made;
(c)
the chief constable in the area of whose police force the person
30
subject to the order resides; or
(d)
a chief constable who believes that the person subject to the order is
in, or is intending to come to, the area of that chief constable’s police
force.
      (2)
The application must be made by summary application—
35
(a)
to the sheriff who made the order, or
(b)
to a sheriff—
(i)
within whose sheriffdom the person subject to the order
resides, or
(ii)
where the application is made by a chief constable, within
40
whose sheriffdom any part of the area of the chief constable’s
police force lies.
      (3)
A record of evidence is to be kept on any summary application under this
paragraph.

Counter-Terrorism Bill
Schedule 6 — Foreign travel restriction orders
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      (4)
On an application under this paragraph the sheriff may make such order
varying, renewing or discharging the foreign travel restriction order as the
sheriff considers appropriate.
      (5)
Before doing so the sheriff must hear the person making the application and
(if they wish to be heard) the other persons mentioned in sub-paragraph (1).
5
10    (1)
In Northern Ireland an application for an order varying, renewing or
discharging a foreign travel restriction order may be made by—
(a)
the person subject to the order; or
(b)
the Chief Constable of the Police Service of Northern Ireland.
      (2)
The application must be made by complaint under Part 8 of the Magistrates’
10
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of
summary jurisdiction for the petty sessions district which includes the area
where the person subject to the order resides.
      (3)
On an application under this paragraph the court may make such order
varying, renewing or discharging the foreign travel restriction order as it
15
considers appropriate.
      (4)
It may do so only after hearing the person making the application and (if
they wish to be heard) the other person mentioned in sub-paragraph (1).
Provisions of renewed or varied order
11    (1)
A foreign travel restriction order may be renewed, or varied so as to impose
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additional prohibitions, but only if it is necessary to do so for the purpose of
preventing the person subject to the order from taking part in terrorism
activities outside the United Kingdom.
      (2)
Any renewed or varied order must contain only the prohibitions necessary
for that purpose.
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Appeals
12    (1)
In England and Wales—
(a)
a person against whom a foreign travel restriction order is made may
appeal against the making of the order;
(b)
a person subject to a foreign travel restriction order may appeal
30
against—
(i)
an order under paragraph 8 varying or renewing the order,
or
(ii)
a refusal to make an order under that paragraph varying or
discharging the order.
35
      (2)
The appeal lies to the Crown Court.
      (3)
On an appeal under this paragraph the court may make—
(a)
such orders as it considers necessary to give effect to its
determination of the appeal, and
(b)
such incidental and consequential orders as appear to it to be just.
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13    (1)
In Scotland an interlocutor of the sheriff granting or refusing a foreign travel
restriction order, or an order under paragraph 9 (variation, renewal or
discharge of foreign travel restriction order), is appealable.

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Schedule 6 — Foreign travel restriction orders
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      (2)
Where an appeal is taken against such an interlocutor, the interlocutor
continues in effect pending disposal of the appeal.
14    (1)
In Northern Ireland—
(a)
a person against whom a foreign travel restriction order is made may
appeal against the making of the order;
5
(b)
a person subject to a foreign travel restriction order may appeal
against—
(i)
an order under paragraph 10 varying or renewing the order,
or
(ii)
a refusal to make an order under that paragraph varying or
10
discharging the order.
      (2)
The appeal lies to the county court.
      (3)
On an appeal under this paragraph the court may make—
(a)
such orders as it considers necessary to give effect to its
determination of the appeal, and
15
(b)
such incidental and consequential orders as appear to it to be just.
Breach of foreign travel order an offence
15    (1)
A person commits a offence who, without reasonable excuse, does anything
they are prohibited from doing by a foreign travel order.
      (2)
A person guilty of an offence under this section is liable—
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(a)
on summary conviction, to imprisonment for a term not exceeding 12
months or a fine not exceeding the statutory maximum or both;
(b)
on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine or both.
      (3)
In the application of sub-paragraph (2)(a)—
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(a)
in England and Wales, in relation to an offence committed before the
commencement of section 154(1) of the Criminal Justice Act 2003
(c. 44), or
(b)
in Northern Ireland,

for “12 months” substitute “6 months”.
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      (4)
Where a person is convicted of an offence under this paragraph, it is not
open to the court by or before which they are convicted—
(a)
in England and Wales or Northern Ireland, to make an order for
conditional discharge in respect of the offence;
(b)
in Scotland, to make a probation order in respect of the offence.
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Meaning of “terrorism activity”
16
In this Schedule “terrorism activity” means anything that—
(a)
if done in any part of the United Kingdom, would constitute an
offence to which this Part applies by virtue of section 40, or
(b)
is, or takes place in the course of, an act of terrorism or is for the
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purposes of terrorism.