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| |
| | |
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| used for the purposes of a prosecution of the individual for an offence |
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| |
16E | Line 10, at beginning insert “If a control order is made against the individual” |
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16F | Line 11, leave out “this section” and insert “subsection (3)” |
|
16G | Line 16, leave out subsection (4) and insert— |
|
| “(4A) | In carrying out his functions by virtue of this section the chief officer must |
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| consult the relevant prosecuting authority, but only, in the case of the |
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| performance of his duty under subsection (3), to the extent that he |
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| considers it appropriate to do so. |
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| (4B) | The requirements of subsection (4A) may be satisfied by consultation that |
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| took place wholly or partly before the passing of this Act.” |
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|
|
17 | |
| COMMONS DISAGREEMENT AND AMENDMENTS |
|
| The Commons disagree with the Lords in their Amendment but propose the following |
|
| Amendments to the words so restored to the Bill— |
|
17A | Page 8, line 33, leave out “made or” |
|
17B | Page 8, line 36, leave out “making” |
|
17C | Page 9, line 3, leave out subsection (4) |
|
17D | Page 9, line 15, leave out second “the” and insert “a” |
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17E | Page 9, line 34, leave out “(4) to” and insert “(5) and” |
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17F | Page 9, line 38, leave out “the order or its renewal” and insert “the renewal of the |
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| |
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|
22 | Page 11, line 1, leave out “Secretary of State” and insert “court” |
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| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
|
| The Commons disagree to Lords Amendments Nos. 8, 9, 12, 13, 15, 17, 22, 28 and 37, but |
|
| propose Amendments 37A to 37O in lieu. |
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| |
23 | Page 11, line 1, leave out from “exercise” to end of line 3 and insert “or performance |
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| of any power or duty under any of sections 1 to (Criminal investigations after making |
|
| of control order) or for the purposes of or in connection with the exercise or |
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| performance of any such power or duty;” |
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|
|
| |
| | |
|
| COMMONS AGREEMENT WITH AMENDMENT |
|
| The Commons agree to this Amendment with the following Amendment— |
|
23A | Line 2, after “duty” insert “of his” |
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|
|
| Page 12, line 44, leave out subsections (2) to (6) |
|
| COMMONS DISAGREEMENT AND REASON |
|
| The Commons disagree to this Amendment for the following Reason— |
|
27A | Because adequate provision is already made for the review of the operation of the Act. |
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| |
28 | Page 13, line 14, leave out “make, renew, modify and revoke” and insert “make |
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| application to the court for the making, renewing, modification and revoking of” |
|
| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
|
| The Commons disagree to Lords Amendments Nos. 8, 9, 12, 13, 15, 17, 22, 28 and 37, but |
|
| propose Amendments 37A to 37O in lieu. |
|
|
|
31 | Insert the following new Clause— |
|
| |
| (1) | The Secretary of State shall appoint a committee to conduct a review of the |
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| |
| (2) | A person may be a member of the committee only if he is a member of the |
|
| |
| (3) | There shall be five members of the committee of whom one each will be |
|
| |
| |
| (b) | the Leader of the Opposition in the House of Commons; |
|
| (c) | the Leader of the Liberal Democrats in the House of Commons; |
|
| (d) | the Convenor of the Crossbench peers in the House of Lords; |
|
| (e) | the Lord Chief Justice of England and Wales. |
|
| (4) | The Secretary of State may not refuse any nomination made under |
|
| |
| (5) | The committee shall complete a review and send a report to the Secretary |
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| |
|
|
| |
| | |
|
| (a) | not earlier than the end of four months beginning with the day on |
|
| which this Act is passed; and |
|
| (b) | not later than the end of eight months beginning with the day on |
|
| which this Act is passed. |
|
| (6) | The Secretary of State shall lay a copy of the report before Parliament as |
|
| soon as is reasonably practicable. |
|
| (7) | The Secretary of State may make payments to persons appointed as |
|
| members of the committee.” |
|
| COMMONS DISAGREEMENT AND REASON |
|
| The Commons disagree to this Amendment for the following Reason— |
|
31A | Because adequate provision is already made for the review of the operation of the Act. |
|
| |
32 | Insert the following new Clause— |
|
| |
| (1) | A report under section (Review of Act) must consider the operation and |
|
| effectiveness of the Act as a whole and any issues arising from the |
|
| operation of individual control orders, and may make such |
|
| recommendations as the committee sees fit including recommendations for |
|
| |
| (2) | Any recommendation made under subsection (1) shall not affect the |
|
| operation of section (Limitation).” |
|
| COMMONS DISAGREEMENT AND REASON |
|
| The Commons disagree to this Amendment for the following Reason— |
|
32A | Because adequate provision is already made for the review of the operation of the Act. |
|
| |
33 | Insert the following new Clause— |
|
| |
| This Act and any order made under it shall by virtue of this section cease |
|
| to have effect on 30th November 2005.” |
|
| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
|
| The Commons disagree with the Lords in their Amendment but propose the following |
|
| |
33A | Page 12, line 37, at end insert the following new Clause— |
|
|
|
| |
| | |
|
| |
| (1) | Except so far as otherwise provided under this section, sections 1 to 6 |
|
| expire at the end of the period of 12 months beginning with the day on |
|
| which this Act is passed. |
|
| (2) | The Secretary of State may, by order made by statutory instrument— |
|
| (a) | repeal sections 1 to 6; |
|
| (b) | at any time revive those sections for a period not exceeding one |
|
| |
| (c) | provide that those sections— |
|
| (i) | are not to expire at the time when they would otherwise |
|
| expire under subsection (1) or in accordance with an order |
|
| under this subsection; but |
|
| (ii) | are to continue in force after that time for a period not |
|
| |
| (3) | No order may be made by the Secretary of State under this section unless a |
|
| draft of it has been laid before Parliament and approved by a resolution of |
|
| |
| (4) | Subsection (3) does not apply to an order that contains a declaration by the |
|
| Secretary of State that the order needs, by reason of urgency, to be made |
|
| without the approval required by that subsection. |
|
| (5) | An order under this section that contains such a declaration— |
|
| (a) | must be laid before Parliament after being made; and |
|
| (b) | if not approved by a resolution of each House before the end of 40 |
|
| days beginning with the day on which the order was made, ceases |
|
| to have effect at the end of that period. |
|
| (6) | Where an order ceases to have effect in accordance with subsection (5), that |
|
| |
| (a) | affect anything previously done in reliance on the order; or |
|
| (b) | prevent the making of a new order to the same or similar effect. |
|
| (7) | Where sections 1 to 6 expire or are repealed at any time by virtue of this |
|
| section, that does not prevent or otherwise affect— |
|
| (a) | the court’s consideration of a reference made before that time under |
|
| subsection (3)(a) of section (Supervision by court of making of non- |
|
| derogating control orders); |
|
| (b) | the holding or continuation after that time of any hearing in |
|
| pursuance of directions under subsection (2)(c) or (6)(b) or (c) of |
|
| |
| (c) | the holding or continuation after that time of a hearing to determine |
|
| whether to confirm a derogating control order (with or without |
|
| |
| (d) | the bringing or continuation after that time of any appeal, or further |
|
| appeal, relating to a decision in any proceedings mentioned in |
|
| paragraphs (a) to (c) of this subsection; |
|
| | but proceedings may be begun or continued by virtue of this subsection so |
|
| far only as they are for the purpose of determining whether a certificate of |
|
| the Secretary of State, a control order or an obligation imposed by such an |
|
| order should be quashed or treated as quashed. |
|
|
|
| |
| | |
|
| (8) | Nothing in this Act about the period for which a control order is to have |
|
| effect or is renewed enables such an order to continue in force after the |
|
| provision under which it was made or last renewed has expired or been |
|
| repealed by virtue of this section. |
|
| (9) | In subsection (5) “40 days” means 40 days computed as provided for in |
|
| section 7(1) of the Statutory Instruments Act 1946 (c. 36).” |
|
33B | Page 13, line 1, leave out “every relevant 12 month period” and insert— |
|
| “( ) | the period of 12 months beginning with the day on which this Act |
|
| |
| ( ) | every period specified in an order under section (Duration of ss. 1 to |
|
| 6) as a period for which those sections are revived or continued in |
|
| |
33C | Page 13, leave out lines 16 to 18 and insert— |
|
| |
| “( ) | the period of 3 months beginning with the passing of this |
|
| |
| ( ) | a period of 3 months beginning with a time which— |
|
| (i) | is the beginning of a period for which sections 1 to 6 |
|
| are revived by an order under section (Duration of ss. |
|
| |
| (ii) | falls more than 3 months after the time when those |
|
| sections were last in force before being revived; |
|
| ( ) | a 3 month period which begins with the end of a previous |
|
| relevant 3 month period and is a period during the whole or |
|
| a part of which those sections are in force.” |
|
|
|
37 | Page 14, line 37, leave out subsection (3) |
|
| COMMONS DISAGREEMENT AND AMENDMENTS IN LIEU |
|
| The Commons disagree to Lords Amendments Nos. 8, 9, 12, 13, 15, 17, 22, 28 and 37, but |
|
| propose the following Amendments in lieu— |
|
37A | Page 4, line 36, at beginning insert— |
|
| “(A1) | The Secretary of State may make a control order against an individual if |
|
| |
| (a) | has reasonable grounds for suspecting that the individual is or has |
|
| been involved in terrorism-related activity; and |
|
| (b) | considers that it is necessary, for purposes connected with |
|
| protecting members of the public from a risk of terrorism, to make |
|
| a control order imposing obligations on that individual. |
|
| (A2) | The Secretary of State may make a control order against an individual who |
|
| is for the time being bound by a control order made by the court only if he |
|
| |
| (a) | after the court has determined that its order should be revoked; but |
|
|
|
| |
| | |
|
| (b) | while the effect of the revocation has been postponed for the |
|
| purpose of giving the Secretary of State an opportunity to decide |
|
| whether to exercise his own powers to make a control order against |
|
| |
| (A3) | A control order made by the Secretary of State is called a non-derogating |
|
| |
37B | Page 5, line 2, leave out second “the” and insert “a” |
|
37C | Page 5, line 12, at end insert— |
|
| “( ) | It shall be immaterial, for the purposes of determining what obligations |
|
| may be imposed by a control order made by the Secretary of State, whether |
|
| the involvement in terrorism-related activity to be prevented or restricted |
|
| by the obligations is connected with matters to which the Secretary of |
|
| State’s grounds for suspicion relate.” |
|
37D | Page 5, line 12, at end insert the following new Clause— |
|
| | “Supervision by court of making of non-derogating control orders |
|
| (1) | The Secretary of State must not make a non-derogating control order |
|
| against an individual except where— |
|
| (a) | having decided that there are grounds to make such an order |
|
| against that individual, he has applied to the court for permission |
|
| to make the order and has been granted that permission; |
|
| (b) | the order contains a statement by the Secretary of State that, in his |
|
| opinion, the urgency of the case requires the order to be made |
|
| without such permission; or |
|
| (c) | the order is made before 14th March 2005 against an individual |
|
| who, at the time it is made, is an individual in respect of whom a |
|
| certificate under section 21(1) of the Anti-terrorism, Crime and |
|
| Security Act 2001 (c. 24) is in force. |
|
| (2) | On an application for permission to make a non-derogating control order |
|
| |
| (a) | the function of the court is to consider whether the Secretary of |
|
| State’s decision that there are grounds to make the order in |
|
| question against that individual is obviously flawed; |
|
| (b) | the court may give that permission unless it determines that that |
|
| decision is obviously flawed; and |
|
| (c) | if it gives permission, the court must give directions for a hearing in |
|
| relation to the order as soon as reasonably practicable after it is |
|
| |
| (3) | Where the Secretary of State makes a non-derogating control order against |
|
| an individual without the permission of the court— |
|
| (a) | he must immediately refer the order to the court; and |
|
| (b) | the function of the court on the reference is to consider whether the |
|
| decision of the Secretary of State to make the order he did was |
|
| |
| (4) | The court’s consideration on a reference under subsection (3)(a) must begin |
|
| no more than 7 days after the day on which the control order in question |
|
| |
|
|
| |
| | |
|
| (5) | The court may consider an application for permission under subsection |
|
| (1)(a) or a reference under subsection (3)(a)— |
|
| (a) | in the absence of the individual in question; |
|
| (b) | without his having been notified of the application or reference; |
|
| |
| (c) | without his having been given an opportunity (if he was aware of |
|
| the application or reference) of making any representations to the |
|
| |
| | but this subsection is not to be construed as limiting the matters about |
|
| which rules of court may be made in relation to the consideration of such |
|
| an application or reference. |
|
| (6) | On a reference under subsection (3)(a), the court— |
|
| (a) | if it determines that the decision of the Secretary of State to make a |
|
| non-derogating control order against the controlled person was |
|
| obviously flawed, must quash the order; |
|
| (b) | if it determines that that decision was not obviously flawed but that |
|
| a decision of the Secretary of State to impose a particular obligation |
|
| by that order was obviously flawed, must quash that obligation and |
|
| (subject to that) confirm the order and give directions for a hearing |
|
| in relation to the confirmed order; and |
|
| (c) | in any other case, must confirm the order and give directions for a |
|
| hearing in relation to the confirmed order. |
|
| (7) | On a reference under subsection (3)(a), the court may quash a certificate |
|
| contained in the order for the purposes of subsection (1)(b) if it determines |
|
| that the Secretary of State’s decision that the certificate should be contained |
|
| |
| (8) | The court must ensure that the controlled person is notified of its decision |
|
| on a reference under subsection (3)(a). |
|
| (9) | On a hearing in pursuance of directions under subsection (2)(c) or (6)(b) or |
|
| (c), the function of the court is to determine whether any of the following |
|
| decisions of the Secretary of State was flawed— |
|
| (a) | his decision that the requirements of section 3(A1)(a) and (b) were |
|
| satisfied for the making of the order; and |
|
| (b) | his decisions on the imposition of each of the obligations imposed |
|
| |
| |
| (a) | what constitutes a flawed decision for the purposes of subsection |
|
| |
| (b) | the matters mentioned in subsection (9), |
|
| | the court must apply the principles applicable on an application for judicial |
|
| |
| (11) | If the court determines, on a hearing in pursuance of directions under |
|
| subsection (2)(c) or (6)(b) or (c), that a decision of the Secretary of State was |
|
| flawed, its only powers are— |
|
| (a) | power to quash the order; |
|
| (b) | power to quash one or more obligations imposed by the order; and |
|
| (c) | power to give directions to the Secretary of State for the revocation |
|
| of the order or for the modification of the obligations it imposes. |
|
|