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14

 
 

(i)    

a conviction of, or finding in relation to, a different offence

 

is substituted, and

 

(ii)    

the conditions for application of the notification

 

requirements were met in respect of the original offence and

 

are also met in respect of the substituted offence,

 

    

the person is treated as if they had been dealt with for the

 

substituted offence at the time of the original decision;

 

(d)    

if the sentence is varied so as to become one by virtue of which the

 

notification requirements would apply for a different period, the

 

period for which those requirements apply shall be determined as

 

if the sentence as varied had been imposed at the time of the

 

original decision;

 

(e)    

in any other case, the variation is disregarded.

 

(4)    

For the purposes of—

 

(a)    

section 52(5) (effect of order adding offence to list of terrorism

 

offences),

 

(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.

 

(5)    

For the purposes of—

 

(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

 

Part.

 

    

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.


 
 

15

 
 

(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

 

of the decision.”

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.”

Before Clause 69

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)

 

(freezing orders), or

 

(c)    

Schedule (Terrorist financing and money laundering) to this Act

 

(terrorist financing, money laundering and certain other activities:

 

financial restrictions).

 

(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

 

judicial review.

 

(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

 

this section.

 

(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

 

laundering) to this Act.


 
 

16

84

Insert the following new Clause—

 

“UN terrorism orders

 

(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/

 

3365);

 

(b)    

the Al-Qa’ida and Taliban (United Nations Measures) Order 2002

 

(S.I. 2002/111);

 

(c)    

the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/

 

2657);

 

(d)    

the Al-Qaida and Taliban (United Nations Measures) Order 2006

 

(S.I. 2006/2952).

 

(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

 

passing of this Act), or

 

(c)    

removing an Order in Council.

 

(3)    

An order under subsection (2) is subject to negative resolution procedure.”

Clause 69

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

Clause 70

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”

Clause 71

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”

Clause 72

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”


 
 

17

 

Clause 73

97

Page 52, line 9, leave out “asset freezing” and insert “financial restrictions”

After Clause 73

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

 

insert—

 

  “(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.”.”

Clause 74

99

Page 52, line 25, leave out “asset freezing” and insert “financial restrictions”

Clause 76

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

Clause 77

103

Leave out Clause 77

Clause 78

104

Leave out Clause 78

Clause 79

105

Leave out Clause 79

After Clause 80

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

 

interested person where—

 

(i)    

the coroner holding the inquest is a judge of the

 

High Court; and


 
 

18

 
 

(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

 

interested person.”

 

(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

 

ascertained.”

 

(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.”

Clause 81

107

Leave out Clause 81

Clause 85

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

 

under the control order;

 

(c)    

any premises—

 

(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

 

under the control order;

 

(c)    

any premises—

 

(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.”

After Clause 99

110

Insert the following new Clause—


 
 

19

 
 

“Meaning of “ancillary offence”

 

(1)    

In this Act “ancillary offence”, in relation to an offence, means any of the

 

following—

 

(a)    

aiding, abetting, counselling or procuring the commission of the

 

offence (or, in Scotland, being art and part in the commission of the

 

offence);

 

(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

 

service offence are—

 

(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.”


 
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Revised 18 November 2008