Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 7 — Offences relating to information about members of armed forces: supplementary provisions
86

Schedule 7
Section 71

Offences relating to information about members of armed forces:
supplementary provisions

The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000
(c. 11)—
5
“Schedule 8A
Offence under section 58A: supplementary provisions
Introduction
1     (1)
This Schedule makes supplementary provision relating to the
offence in section 58A (eliciting, publishing or communicating
10
information about members of the armed forces).
      (2)
The purpose of this Schedule is to comply with Directive 2000/31/
EC of the European Parliament and of the Council of 8 June 2000
on certain legal aspects of information society services, in
particular electronic commerce, in the Internal Market (“the E-
15
Commerce Directive”).
Domestic service providers: extension of liability
2     (1)
This paragraph applies where a service provider is established in
the United Kingdom (a “domestic service provider”).
      (2)
Section 58A applies to a domestic service provider who—
20
(a)
commits any of the acts specified in subsection (1) of that
section in an EEA state other than the United Kingdom,
and
(b)
does so in the course of providing information society
services,
25

as it applies to a person who commits such an act in the United
Kingdom.
      (3)
In such a case—
(a)
proceedings for the offence may be taken at any place in
the United Kingdom, and
30
(b)
the offence may for all incidental purposes be treated as
having been committed at any such place.
Non-UK service providers: restriction on proceedings
3     (1)
This paragraph applies where a service provider is established in
an EEA state other than the United Kingdom (a “non-UK service
35
provider”).
      (2)
Proceedings for an offence under section 58A must not be brought
against a non-UK service provider in respect of anything done in
the course of the provision of information society services unless
the following conditions are met.
40
      (3)
The conditions are—

Counter-Terrorism Bill
Schedule 7 — Offences relating to information about members of armed forces: supplementary provisions
87

(a)
that the bringing of proceedings is necessary for one of the
following reasons—
(i)
public policy,
(ii)
public security, including the safeguarding of
national security and defence;
5
(b)
that the proceedings are brought against an information
society service that prejudices the objectives referred to in
paragraph (a) or presents a serious and grave risk of
prejudice to those objectives;
(c)
that the bringing of the proceedings is proportionate to
10
those objectives.
Exceptions for mere conduits
4     (1)
A service provider is not guilty of an offence under section 58A in
respect of anything done in the course of providing so much of an
information society service as consists in—
15
(a)
the provision of access to a communication network, or
(b)
the transmission in a communication network of
information provided by a recipient of the service,

if the following condition is satisfied.
      (2)
The condition is that the service provider does not—
20
(a)
initiate the transmission,
(b)
select the recipient of the transmission, or
(c)
select or modify the information contained in the
transmission.
      (3)
For the purposes of sub-paragraph (1)—
25
(a)
the provision of access to a communication network, and
(b)
the transmission of information in a communication
network,

includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the
30
purpose of carrying out the transmission in the network.
      (4)
Sub-paragraph (3) does not apply if the information is stored for
longer than is reasonably necessary for the transmission.
Exception for caching
5     (1)
This paragraph applies where an information society service
35
consists in the transmission in a communication network of
information provided by a recipient of the service.
      (2)
The service provider is not guilty of an offence under section 58A
in respect of the automatic, intermediate and temporary storage of
information so provided, if—
40
(a)
the storage of the information is solely for the purpose of
making more efficient the onward transmission of the
information to other recipients of the service at their
request, and
(b)
the following conditions are satisfied.
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Counter-Terrorism Bill
Schedule 7 — Offences relating to information about members of armed forces: supplementary provisions
88

      (3)
The first condition is that the service provider does not modify the
information.
      (4)
The second condition is that the service provider complies with
any conditions attached to having access to the information.
      (5)
The third condition is that if the service provider obtains actual
5
knowledge that—
(a)
the information at the initial source of the transmission has
been removed from the network,
(b)
access to it has been disabled, or
(c)
a court or administrative authority has ordered the
10
removal from the network of, or the disablement of access
to, the information.

the service provider expeditiously removes the information or
disables access to it.
Exception for hosting
15
6     (1)
A service provider is not guilty of an offence under section 58A in
respect of anything done in the course of providing so much of an
information society service as consists in the storage of
information provided by a recipient of the service, if the condition
is met.
20
      (2)
The condition is that—
(a)
the service provider had no actual knowledge when the
information was provided that it contained offending
material, or
(b)
on obtaining actual knowledge that the information
25
contained offending material, the service provider
expeditiously removed the information or disabled access
to it.
      (3)
“Offending material” means information about a person who is or
has been a member of Her Majesty’s Forces which is of a kind
30
likely to be useful to a person committing or preparing an act of
terrorism.
      (4)
This paragraph does not apply if the recipient of the service is
acting under the authority or control of the service provider.
Interpretation
35
7     (1)
In this Schedule—
“information society services”—
(a)
has the meaning given in Article 2(a) of the E-
Commerce Directive (which refers to Article 1(2) of
Directive 98/34/EC of the European Parliament and
40
of the Council of 22 June 1998 laying down a
procedure for the provision of information in the field
of technical standards and regulations), and
(b)
is summarised in recital 17 of the E-Commerce
Directive as covering “any service normally provided
45
for remuneration, at a distance, by means of electronic

Counter-Terrorism Bill
Schedule 8 — Repeals
Part 2 — Disclosure of information and the intelligence services
89

equipment for the processing (including digital
compression) and storage of data, and at the
individual request of a recipient of a service”;
“recipient”, in relation to a service, means any person who,
for professional ends or otherwise, uses an information
5
society service, in particular for the purposes of seeking
information or making it accessible;
“service provider” means a person providing an information
society service.
      (2)
For the purposes of this Schedule whether a service provider is
10
established in the United Kingdom, or in some other EEA state,
shall be determined in accordance with the following provisions—
(a)
a service provider is established in the United Kingdom, or
in a particular EEA state, if the service provider—
(i)
effectively pursues an economic activity using a
15
fixed establishment in the United Kingdom, or that
EEA state, for an indefinite period, and
(ii)
is a national of an EEA state or a company or firm
mentioned in Article 48 of the EEC Treaty;
(b)
the presence or use in a particular place of equipment or
20
other technical means of providing an information society
service does not, of itself, constitute the establishment of a
service provider;
(c)
where it cannot be determined from which of a number of
establishments a given information society service is
25
provided, that service is to be regarded as provided from
the establishment at the centre of the service provider’s
activities relating to that service.”.
Schedule 8
Section 91

Repeals
30
Part 1
Retention and use of fingerprints and samples

Short title and chapter
Extent of repeal

Terrorism Act 2000 (c. 11)
In Schedule 8, paragraph 14(3).

Part 2
35
Disclosure of information and the intelligence services

Short title and chapter
Extent of repeal or revocation

Anti-terrorism, Crime and
Section 19(2)(a).

Security Act 2001 (c. 24)

Counter-Terrorism Bill
Schedule 8 — Repeals
Part 4 — Forfeiture
90

Short title and chapter
Extent of repeal or revocation

Representation of the People
Regulation 45E(3) and (4).

(England and Wales)
In Regulation 109—

Regulations 2001 (S.I. 2001/
(a)
paragraph (1)(g) to (i);

341)
(b)
in paragraph (4)(a), the words preceding

5

paragraph (i);

(c)
paragraph (4)(b) and the word “and”

immediately preceding it.

In Regulation 115(2), “45E(3),”.

Representation of the People
Regulation 45D(3) and (4).

10

(Scotland) Regulations 2001
In Regulation 108—

(S.I. 2001/497)
(a)
paragraph (1)(g) to (i);

(b)
in paragraph (4)(a), the words preceding

paragraph (i);

(c)
paragraph (4)(b) and the word “and”

15

immediately preceding it.

In Regulation 115(2), “45D(3),”.

Immigration, Asylum and
Section 38.

Nationality Act 2006 (c. 13)

Statistics and Registration
Section 39(4)(g).

20

Service Act 2007 (c. 18)
In section 67, the definition of “Intelligence

Service”.

Part 3
Pre-charge detention

Short title and chapter
Extent of repeal

25

Terrorism Act 2000 (c. 11)
In Schedule 8, in paragraph 29(4)(a) and (c), the

words “after consulting the Lord Chancellor”.

Terrorism Act 2006 (c. 11)
In section 23—

(a)
in subsection (2), the words “each of”

and “and 36”;

30

(b)
subsections (6) to (10).

Part 4
Forfeiture

Short title and chapter
Extent of repeal

35

Terrorism Act 2000 (c. 11)
Section 54(7) to (9).

Section 58(5) to (7).

Counter-Terrorism Bill
Schedule 8 — Repeals
Part 5 — Control orders
91

Part 5
Control orders

Short title and chapter
Extent of repeal

Prevention of Terrorism Act
In section 3—

2005 (c. 2)
(a)
subsection (1)(c);

5

(b)
in subsection (7) the words “within 7

days of the court’s giving permission or

(as the case may be) making its

determination on the reference”.

Section 8(8).

10

In the Schedule, in paragraph 5(1)(a) the words

“, at any time after a control order has been

made,”.