House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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(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.”