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Prevention of Terrorism Bill


Prevention of Terrorism Bill

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15      

Other supplemental provisions

(1)   

This Act may be cited as the Prevention of Terrorism Act 2005.

(2)   

The following provisions are repealed—

(a)   

sections 21 to 32 of the Anti-terrorism, Crime and Security Act 2001

(c. 24) (suspected international terrorists);

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(b)   

in section 1(4) of the Special Immigration Appeals Commission Act

1997 (c. 68), paragraph (b) (which refers to section 30 of the 2001 Act)

and the word “or” immediately preceding it;

(c)   

section 62(15) and (16) of the Nationality, Immigration and Asylum Act

2002 (c. 41) and paragraph 30 of Schedule 7 to that Act (which amended

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sections 23, 24 and 27 of the 2001 Act); and

(d)   

section 32 of the Asylum and Immigration (Treatment of Claimants,

etc.) Act 2004 (c. 19) (which amended sections 24 and 27 of the 2001

Act).

(3)   

Subsection (2) comes into force on 14th March 2005.

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(4)   

The repeals made by this Act do not prevent or otherwise affect—

(a)   

the continuation of any appeal to the Special Immigration Appeals

Commission under section 25(1) of the Anti-terrorism, Crime and

Security Act 2001 that has been brought but not concluded before the

commencement of those repeals;

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(b)   

the bringing or continuation of a further appeal relating to a decision of

that Commission on such an appeal or on any other appeal brought

under section 25(1) of that Act before the commencement of those

repeals; or

(c)   

any proceedings resulting from a decision on a further appeal from

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such a decision;

   

but no other proceedings before that Commission under Part 4 of that Act, nor

any appeal or further appeal relating to any such other proceedings, may be

brought or continued at any time after the commencement of the repeals.

(5)   

The Secretary of State may enter into such contracts and other arrangements

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with other persons as he considers appropriate for securing their assistance in

connection with any monitoring, by electronic or other means, that he

considers needs to be carried out in connection with obligations that have been

or may be imposed by or under control orders.

(6)   

There shall be paid out of money provided by Parliament—

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(a)   

any expenditure incurred by the Secretary of State by virtue of this Act;

and

(b)   

any increase attributable to this Act in the sums payable out of such

money under any other Act.

(7)   

This Act extends to Northern Ireland.

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(8)   

Her Majesty may by Order in Council direct that this Act shall extend, with

such modifications as appear to Her Majesty to be appropriate, to any of the

Channel Islands or the Isle of Man.

 
 

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.

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Schedule

Section 11

 

Control order proceedings etc.

Introductory

1     (1)  

In this Schedule “the relevant powers” means the powers to make rules of

court for regulating the practice and procedure to be followed in

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proceedings in the court, the Court of Appeal or the Inner House of the

Court of Session, so far as those powers are exercisable in relation to—

(a)   

control order proceedings; or

(b)   

relevant appeal proceedings.

      (2)  

In this Schedule “relevant appeal proceedings” means proceedings in the

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Court of Appeal or Inner House of the Court of Session on an appeal relating

to any control order proceedings.

General duty applying to exercise of the relevant powers

2          

A person exercising the relevant powers must have regard, in particular,

to—

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(a)   

the need to secure that the making and renewal of control orders and

the imposition and modification of the obligations contained in such

orders are properly reviewed; and

(b)   

the need to secure that disclosures of information are not made

where they would be contrary to the public interest.

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Initial exercise of relevant powers

3     (1)  

This paragraph applies—

(a)   

on the first occasion after the passing of this Act on which the

relevant powers are exercised in relation to control order

proceedings and relevant appeal proceedings in England and Wales;

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and

(b)   

on the first occasion after the passing of this Act on which they are so

exercised in relation to control order proceedings and relevant

appeal proceedings in Northern Ireland.

      (2)  

On each of those occasions—

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(a)   

the relevant powers may be exercised by the Lord Chancellor,

instead of by the person by whom they are otherwise exercisable;

and

(b)   

the Lord Chancellor is not required, before exercising the powers, to

undertake any consultation that would be required in the case of

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rules made by that person.

      (3)  

The Lord Chancellor must—

(a)   

consult the Lord Chief Justice of England and Wales before making

any rules under this paragraph in relation to England and Wales; and

 

 

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.

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(b)   

consult the Lord Chief Justice of Northern Ireland before making any

rules under this paragraph in relation to Northern Ireland.

      (4)  

The requirements of sub-paragraph (3) may be satisfied by consultation that

took place wholly or partly before the passing of this Act.

      (5)  

Rules of court made by the Lord Chancellor in exercise of the relevant

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powers in relation to proceedings in Northern Ireland shall be made by

statutory instrument subject to annulment in pursuance of a resolution of

either House of Parliament; and section 56 of the Judicature (Northern

Ireland) Act 1978 (c. 23) (statutory rules procedure) does not apply to them.

Special powers to make rules of court

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4     (1)  

Rules of court made in exercise of the relevant powers may, in particular—

(a)   

make provision about the mode of proof in control order

proceedings and about evidence in such proceedings;

(b)   

enable or require such proceedings to be determined without a

hearing; and

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(c)   

make provision about legal representation in such proceedings.

      (2)  

Rules of court made in exercise of the relevant powers may also, in

particular—

(a)   

make provision enabling control order proceedings or relevant

appeal proceedings to take place without full particulars of the

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reasons for decisions to which the proceedings relate being given to

a relevant party to the proceedings or his legal representative (if he

has one);

(b)   

make provision enabling the relevant court to conduct proceedings

in the absence of any person, including a relevant party to the

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proceedings and his legal representative (if he has one);

(c)   

make provision about the functions in control order proceedings and

relevant appeal proceedings of persons appointed under paragraph

7; and

(d)   

make provision enabling the relevant court to give a relevant party

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to control order proceedings or relevant appeal proceedings a

summary of evidence taken in his absence.

      (3)  

Rules of court made in exercise of the relevant powers must secure—

(a)   

that the Secretary of State has the opportunity in all control order

proceedings and relevant appeal proceedings to apply to the

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relevant court for an order prohibiting the disclosure of relevant

matters (whether to a relevant party or to his legal representative or

otherwise);

(b)   

that the relevant court always considers such an application in the

absence of every relevant party and of his legal representative (if he

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has one); and

(c)   

that the Secretary of State is not required for the purposes of any

control order proceedings or relevant appeal proceedings to disclose

anything to the relevant court, or to any other person, where he does

not propose to rely on it in those proceedings.

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      (4)  

In sub-paragraph (3) “relevant matters”, in relation to any proceedings,

means—

 

 

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.

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(a)   

anything on which the Secretary of State is proposing to rely in the

proceedings; or

(b)   

the reasons for decisions to which the proceedings relate.

      (5)  

Rules of court made in exercise of the relevant powers may provide for—

(a)   

the making by the Secretary of State or the controlled person, at any

5

time after a control order has been made, of an application to the

court for an order requiring anonymity for that person; and

(b)   

the making by the court, on such an application, of an order

requiring such anonymity;

           

and the provision made by the rules may allow the application and the order

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to be made irrespective of whether any other control order proceedings have

been begun in the court.

      (6)  

Rules of court may provide for the Court of Appeal or the Inner House of the

Court of Session to make an order in connection with any relevant appeal

proceedings requiring anonymity for the controlled person.

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      (7)  

In sub-paragraphs (5) and (6) the references, in relation to a court, to an order

requiring anonymity for the controlled person are references to an order by

that court which imposes such prohibition or restriction as it thinks fit on the

disclosure—

(a)   

by such persons as the court specifies or describes, or

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(b)   

by persons generally,

           

of the identity of the controlled person or of any information that would

tend to identify him.

Use of advisers

5     (1)  

In any control order proceedings the court may, if it thinks fit—

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(a)   

call in aid one or more advisers appointed for the purpose by the

Lord Chancellor; and

(b)   

hear and dispose of the proceedings with the assistance of the

adviser or advisers.

      (2)  

Rules of court may regulate the use of advisers in accordance with the power

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conferred by this paragraph.

      (3)  

The Lord Chancellor may, out of money provided by Parliament, pay such

remuneration, expenses and allowances to advisers appointed for the

purposes of this paragraph as he may determine.

Legal representation of parties to control order proceedings

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6          

In control order proceedings or relevant appeal proceedings, a party to the

proceedings is entitled to be legally represented except in so far as rules of

court made in exercise of the relevant powers otherwise provide.

Special representation in control order proceedings

7     (1)  

The relevant law officer may appoint a person to represent the interests of a

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relevant party to relevant proceedings in any of those proceedings from

which that party and his legal representative (if he has one) are excluded.

      (2)  

In sub-paragraph (1) “relevant proceedings” means—

 

 

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.

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(a)   

control order proceedings; or

(b)   

proceedings on an appeal or further appeal relating to control order

proceedings.

      (3)  

A person may be appointed under this paragraph—

(a)   

in the case of an appointment by the Attorney General, only if he has

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a general legal qualification for the purposes of section 71 of the

Courts and Legal Services Act 1990 (c. 41);

(b)   

in the case of an appointment by the Advocate General for Scotland,

only if he is a person with appropriate rights of audience in Scotland;

and

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(c)   

in the case of an appointment by the Advocate General for Northern

Ireland, only if he is a member of the Bar of Northern Ireland.

      (4)  

In sub-paragraph (3) “person with appropriate rights of audience in

Scotland” means—

(a)   

an advocate; or

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(b)   

a solicitor with rights of audience by virtue of section 25A of the

Solicitors (Scotland) Act 1980 (c. 46) in the Court of Session or the

High Court of Justiciary.

      (5)  

A person appointed under this paragraph is not to be responsible to the

person whose interests he is appointed to represent.

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      (6)  

In this paragraph “the relevant law officer” means—

(a)   

in relation to control order proceedings in England and Wales or

proceedings on an appeal or further appeal relating to such

proceedings, the Attorney General;

(b)   

in relation to proceedings in Scotland or proceedings on an appeal or

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further appeal relating to such proceedings, the Advocate General

for Scotland;

(c)   

in relation to proceedings in Northern Ireland or proceedings on an

appeal or further appeal relating to such proceedings, the Advocate

General for Northern Ireland.

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      (7)  

In relation to any time before the coming into force of section 27 of the Justice

(Northern Ireland) Act 2002 (c. 26), references in this paragraph to the

Advocate General for Northern Ireland are to have effect as references to the

Attorney General for Northern Ireland.

Effect of court orders

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8     (1)  

Where—

(a)   

a control order,

(b)   

the renewal of such an order, or

(c)   

an obligation imposed by such an order,

           

is quashed, the order, renewal or (as the case may be) obligation shall be

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treated for the purposes of section 8(1) and (2) as never having been made or

imposed.

      (2)  

A decision by the court or on appeal from the court—

(a)   

to quash a control order, the renewal of a control order or an

obligation imposed by such an order, or

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(b)   

to give directions to the Secretary of State in relation to such an order,

 

 

Prevention of Terrorism Bill
Schedule — Control order proceedings etc.

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does not prevent the Secretary of State from exercising any power of his to

make a new control order to the same or similar effect or from relying, in

whole or in part, on the same matters for the purpose of making that new

order.

Interception evidence

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9     (1)  

Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)

(exceptions to exclusion of interception matters from legal proceedings) is

amended as follows.

      (2)  

In subsection (1), after paragraph (d) insert—

“(da)   

any control order proceedings (within the meaning of the

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Prevention of Terrorism Act 2005) or any proceedings arising

out of such proceedings;”.

      (3)  

In subsection (2) (persons disclosures to whom continue to be prohibited

despite section 18), for “paragraph (e) or (f)” substitute “paragraphs (da) to

(f)”.

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      (4)  

In that subsection, before paragraph (a) insert—

“(za)   

in the case of any proceedings falling within paragraph (da)

to—

(i)   

a person who, within the meaning of the Schedule to

the Prevention of Terrorism Act 2005, is or was a

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relevant party to the control order proceedings; or

(ii)   

any person who for the purposes of any proceedings

so falling (but otherwise than by virtue of an

appointment under paragraph 7 of that Schedule)

represents a person falling within sub-paragraph (i);”.

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Allocation to Queen’s Bench Division

10         

In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business

allocated to Queen’s Bench Division), after sub-paragraph (b) insert—

“(ba)   

all control order proceedings (within the meaning of the

Prevention of Terrorism Act 2005);”.

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Interpretation of Schedule

11         

In this Schedule—

“legal representative”, in relation to a relevant party to proceedings,

does not include a person appointed under paragraph 7 to represent

that party’s interests;

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“relevant appeal proceedings” has the meaning given by paragraph

1(2);

“relevant court”—

(a)   

in relation to control order proceedings, means the court; and

(b)   

in relation to relevant appeal proceedings, means the Court of

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Appeal or the Inner House of the Court of Session;

“relevant party”, in relation to control order proceedings or relevant

appeal proceedings, means any party to the proceedings other than

the Secretary of State;

“relevant powers” has the meaning given by paragraph 1(2).

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