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| |
| | |
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| (i) | a conviction of, or finding in relation to, a different offence |
|
| |
| (ii) | the conditions for application of the notification |
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| requirements were met in respect of the original offence and |
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| are also met in respect of the substituted offence, |
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| | the person is treated as if they had been dealt with for the |
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| substituted offence at the time of the original decision; |
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| (d) | if the sentence is varied so as to become one by virtue of which the |
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| notification requirements would apply for a different period, the |
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| period for which those requirements apply shall be determined as |
|
| if the sentence as varied had been imposed at the time of the |
|
| |
| (e) | in any other case, the variation is disregarded. |
|
| |
| (a) | section 52(5) (effect of order adding offence to list of terrorism |
|
| |
| (b) | section (Persons to whom the notification requirements apply)(a) or |
|
| paragraph 4(a) of Schedule (Notification requirements: application to |
|
| service offences) (persons subject to notification requirements: age |
|
| when dealt with for offence), |
|
| (c) | section 57(2) or paragraph 6(2) of Schedule (Notification |
|
| requirements: application to service offences) (effect of order reducing |
|
| term or period triggering notification requirements), |
|
| (d) | section 64(5)(b) or paragraph 7(5)(b) of Schedule (Notification |
|
| requirements: application to service offences) (period for which |
|
| notification requirements apply: ending of period resulting from |
|
| finding of disability etc where person subsequently tried), and |
|
| (e) | paragraph 2(3) of Schedule 6 (conditions for making foreign travel |
|
| restriction order: behaviour since offence dealt with), |
|
| | a person is treated as dealt with at the time of the original decision and any |
|
| subsequent variation of the decision is disregarded. |
|
| |
| (a) | section 55(1) and (2) or paragraph 3(1) and (2) of Schedule |
|
| (Notification requirements: application to service offences) (application |
|
| of Part to offences dealt with before commencement), |
|
| (b) | paragraph 2(4) of Schedule 6 (conditions for making foreign travel |
|
| restriction order where offence dealt with before commencement), |
|
| | a person is dealt with for an offence before the commencement of this Part |
|
| if the time of the original decision falls before the commencement of this |
|
| |
| | Where in such a case subsection (3) above applies for the purposes of any |
|
| provision of this Part, that subsection has effect as if the provisions of this |
|
| Part had been in force at all material times. |
|
| (6) | In section 58(6) (adaptation of initial notification requirements in case of |
|
| offence dealt with before commencement)— |
|
| (a) | the reference in the opening words to an offence dealt with before |
|
| the commencement of this Part is to an offence where the time of the |
|
| original decision falls before the commencement of this Part, and |
|
| (b) | the reference in the closing words to when the offence is dealt with |
|
| has the same meaning as in subsection (1) of that section. |
|
|
|
| |
| | |
|
| (7) | References in this section to the variation of a decision include any |
|
| proceedings by which the decision is altered, set aside or quashed, or in |
|
| which a further decision is come to following the setting aside or quashing |
|
| |
82 | Insert the following new Clause— |
|
| “Terrorist financing and money laundering |
|
| Schedule (Terrorist financing and money laundering) makes provision |
|
| conferring powers on the Treasury to act against terrorist financing, money |
|
| laundering and certain other activities.” |
|
|
83 | Insert the following new Clause— |
|
| “Application to set aside financial restrictions decision |
|
| (1) | This section applies to any decision of the Treasury in connection with the |
|
| exercise of any of their functions under— |
|
| (a) | the UN terrorism orders, |
|
| (b) | Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) |
|
| |
| (c) | Schedule (Terrorist financing and money laundering) to this Act |
|
| (terrorist financing, money laundering and certain other activities: |
|
| |
| (2) | Any person affected by the decision may apply to the High Court or, in |
|
| Scotland, the Court of Session to set aside the decision. |
|
| (3) | In determining whether the decision should be set aside the court shall |
|
| apply the principles applicable on an application for judicial review. |
|
| (4) | If the court decides that a decision should be set aside it may make any such |
|
| order, or give any such relief, as may be made or given in proceedings for |
|
| |
| (5) | Without prejudice to the generality of subsection (4), if the court sets aside |
|
| a decision of the Treasury— |
|
| (a) | to give a direction under any of the UN terrorism orders, |
|
| (b) | to make a freezing order under Part 2 of the Anti-terrorism, Crime |
|
| and Security Act 2001 (c. 24), or |
|
| (c) | to give a direction or make an order under Schedule (Terrorist |
|
| financing and money laundering) to this Act, |
|
| | the court must quash the relevant direction or order. |
|
| (6) | This section applies whether the decision of the Treasury was made before |
|
| or after the commencement of this section. |
|
| (7) | After the commencement of this section an application to set aside a |
|
| decision of the Treasury to which this section applies must be made under |
|
| |
| (8) | This section does not apply to any decision of the Treasury to make an |
|
| order under paragraph 8 or 28(6) of Schedule (Terrorist financing and money |
|
| |
|
|
| |
| | |
84 | Insert the following new Clause— |
|
| |
| (1) | For the purposes of section (Application to set aside financial restrictions |
|
| decision) the UN terrorism orders are— |
|
| (a) | the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/ |
|
| |
| (b) | the Al-Qa’ida and Taliban (United Nations Measures) Order 2002 |
|
| |
| (c) | the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/ |
|
| |
| (d) | the Al-Qaida and Taliban (United Nations Measures) Order 2006 |
|
| |
| (2) | The Treasury may by order amend subsection (1) by— |
|
| (a) | adding other Orders in Council made under section 1 of the United |
|
| Nations Act 1946 (c. 45), |
|
| (b) | providing that a reference to a specified Order in Council is to that |
|
| order as amended by a further Order in Council (made after the |
|
| |
| (c) | removing an Order in Council. |
|
| (3) | An order under subsection (2) is subject to negative resolution procedure.” |
|
|
85 | Page 48, line 38, leave out “asset freezing” and insert “financial restrictions” |
|
86 | Page 48, line 39, leave out “to set aside an asset freezing decision” and insert “under |
|
| section (Application to set aside financial restrictions decision) or on a claim arising |
|
| from any matter to which such an application relates”. |
|
87 | Page 48, line 40, leave out from beginning to end of line 21 on page 49 |
|
|
88 | Page 49, line 25, leave out “asset freezing” and insert “financial restrictions” |
|
89 | Page 49, line 26, leave out “asset freezing” and insert “financial restrictions” |
|
|
90 | Page 50, line 11, leave out “asset freezing” and insert “financial restrictions” |
|
91 | Page 50, line 12, leave out “asset freezing” and insert “financial restrictions” |
|
|
92 | Page 51, line 16, leave out “asset freezing” and insert “financial restrictions” |
|
93 | Page 51, line 17, leave out “asset freezing” and insert “financial restrictions” |
|
94 | Page 51, line 25, leave out “asset freezing” and insert “financial restrictions” |
|
95 | Page 51, line 28, leave out “asset freezing” and insert “financial restrictions” |
|
96 | Page 51, line 31, leave out “asset freezing” and insert “financial restrictions” |
|
|
|
| |
| | |
|
|
97 | Page 52, line 9, leave out “asset freezing” and insert “financial restrictions” |
|
|
98 | Insert the following new Clause— |
|
| “Qualification of duty to give reasons |
|
| In paragraph 11 of Schedule 3 to the Anti-terrorism, Crime and Security Act |
|
| 2001 (c. 24) (Treasury’s duty to give reason why person is specified in |
|
| freezing order), make the existing provision sub-paragraph (1) and after it |
|
| |
| “(2) | Sub-paragraph (1) does not apply if, or to the extent that, |
|
| particulars of the reason would not be required to be disclosed to |
|
| the applicant in proceedings to set aside the freezing order.”.” |
|
|
99 | Page 52, line 25, leave out “asset freezing” and insert “financial restrictions” |
|
|
100 | Page 53, leave out line 26 |
|
101 | Page 53, line 27, leave out “asset freezing” and insert “financial restrictions” |
|
102 | Page 53, leave out line 32 |
|
|
103 | |
|
104 | |
|
105 | |
|
106 | Insert the following new Clause— |
|
| “Inquests: intercept evidence |
|
| (1) | In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) |
|
| (exceptions to section 17), after subsection (7)(c) insert— |
|
| “(d) | a disclosure to a coroner or to a person appointed as counsel |
|
| to an inquest or to members of a jury or to any properly |
|
| |
| (i) | the coroner holding the inquest is a judge of the |
|
| |
|
|
| |
| | |
|
| (ii) | the coroner has ordered the disclosure to be made to |
|
| the coroner alone or (as the case may be) to the |
|
| coroner and the person appointed as counsel to the |
|
| inquest or to members of a jury or to any properly |
|
| |
| (2) | After subsection (8A) insert— |
|
| “(8B) | A coroner shall not order a disclosure under subsection (7)(d) |
|
| except where the coroner is satisfied that the exceptional |
|
| circumstances of the case make the disclosure essential to enable the |
|
| matters that are required to be ascertained by the inquest to be |
|
| |
| (3) | After subsection (11) insert— |
|
| “(11A) | References in this section to a coroner apply only where the coroner |
|
| is a judge of the High Court.” |
|
| (4) | This section has effect in relation to inquests that have begun, but have not |
|
| been concluded, before the day on which it comes into force as well as to |
|
| inquests beginning on or after that day.” |
|
|
107 | |
|
108 | Page 62, leave out lines 5 to 7 and insert— |
|
| “(b) | other premises to which the controlled person is required to |
|
| grant access in accordance with an obligation imposed by or |
|
| |
| |
| (i) | to which the controlled person has previously been |
|
| required to grant access in accordance with an |
|
| obligation imposed by or under a control order, and |
|
| (ii) | with which there is reason to believe that the |
|
| controlled person is or was recently connected.” |
|
109 | Page 62, leave out lines 34 to 36 and insert— |
|
| “(b) | other premises to which the controlled person is required to |
|
| grant access in accordance with an obligation imposed by or |
|
| |
| |
| (i) | to which the controlled person has previously been |
|
| required to grant access in accordance with an |
|
| obligation imposed by or under a control order, and |
|
| (ii) | with which there is reason to believe that the |
|
| controlled person is or was recently connected.” |
|
|
110 | Insert the following new Clause— |
|
|
|
| |
| | |
|
| “Meaning of “ancillary offence” |
|
| (1) | In this Act “ancillary offence”, in relation to an offence, means any of the |
|
| |
| (a) | aiding, abetting, counselling or procuring the commission of the |
|
| offence (or, in Scotland, being art and part in the commission of the |
|
| |
| (b) | an offence under Part 2 of the Serious Crime Act 2007 (c. 27) |
|
| (encouraging or assisting crime) in relation to the offence (or, in |
|
| Scotland, inciting a person to commit the offence); |
|
| (c) | attempting or conspiring to commit the offence. |
|
| (2) | In subsection (1)(b) the reference to an offence under Part 2 of the Serious |
|
| Crime Act 2007 (c. 27) includes, in relation to times before the |
|
| commencement of that Part, an offence of incitement under the law of |
|
| England and Wales or Northern Ireland.” |
|
111 | Insert the following new Clause— |
|
| “Meaning of “service court” and “service offence” |
|
| (1) | In this Act “service court” means the Court Martial, the Service Civilian |
|
| Court or the Court Martial Appeal Court. |
|
| (2) | Until the commencement of the relevant provisions of the Armed Forces |
|
| Act 2006 (c. 52), the following is substituted for subsection (1)— |
|
| “(1) | In this Act “service court” means— |
|
| (a) | a court-martial constituted under the Army Act 1955 |
|
| (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 |
|
| c. 19) or the Naval Discipline Act 1957 (c. 53); |
|
| (b) | the Courts-Martial Appeal Court; or |
|
| (c) | a Standing Civilian Court.”. |
|
| (3) | In this Act “service offence” means an offence under— |
|
| (a) | section 42 of the Armed Forces Act 2006 (c. 52), |
|
| (b) | section 70 of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force |
|
| Act 1955 (3 & 4 Eliz. 2 c. 19), or |
|
| (c) | section 42 of the Naval Discipline Act 1957 (c. 53). |
|
| (4) | References in this Act to the “corresponding civil offence” in relation to a |
|
| |
| (a) | in relation to an offence under section 42 of the Armed Forces Act |
|
| 2006 (c. 52), to the corresponding offence under the law of England |
|
| and Wales within the meaning of that section; |
|
| (b) | in relation to an offence under section 70 of the Army Act 1955 |
|
| (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19), to |
|
| the corresponding civil offence within the meaning of that Act; |
|
| (c) | in relation to an offence under section 42 of the Naval Discipline Act |
|
| 1957 (c. 53), to the civil offence within the meaning of that section.” |
|
| (5) | Section 48 of the Armed Forces Act 2006 (c. 52) (supplementary provisions |
|
| relating to ancillary service offences) applies for the purposes of subsection |
|
| (4)(a) above as it applies for the purposes of the provisions of that Act |
|
| referred to in subsection (3)(b) of that section.” |
|
|