Counter-Terrorism Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
52


The coming into force of that section does not affect any appointment of a
person as a special advocate made by the Attorney General for Northern
Ireland before that time.
73
Intercept evidence
(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
5
(exceptions to exclusion of intercepted communications etc from legal
proceedings) is amended as follows.
(2)
In subsection (1) (excepted proceedings), after paragraph (da) insert—
“(db)
any asset freezing proceedings as defined in section 69 of the
Counter-Terrorism Act 2008, or any proceedings arising out of
10
such proceedings;”.
(3)
In subsection (2) (persons to whom disclosure not to be made), after paragraph
(za) insert—
“(zb)
in the case of proceedings falling within paragraph (db), to—
(i)
a person, other than the Treasury, who is or was a party
15
to the proceedings, or
(ii)
any person who for the purposes of the proceedings (but
otherwise than by virtue of appointment as a special
advocate) represents a person falling within sub-
paragraph (i);”.
20
Supplementary provisions
74
Allocation of proceedings to Queen’s Bench Division
In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business
allocated to the Queen’s Bench Division), after sub-paragraph (ba) insert—
   “(bb)
all asset freezing proceedings within the meaning of Part 5 of the
25
Counter-Terrorism Act 2008 (see section 69 of that Act);”.
75
Initial exercise of powers by Lord Chancellor
(1)
The first time after the passing of this Act that rules of court are made in
exercise of the powers conferred by this Part—
(a)
in relation to proceedings in England and Wales, or
30
(b)
in relation to proceedings in Northern Ireland,

they may be made by the Lord Chancellor instead of by the person who would
otherwise make them.
(2)
Before making rules of court under this section, the Lord Chancellor must
consult—
35
(a)
in relation to rules applicable to proceedings in England and Wales, the
Lord Chief Justice of England and Wales;
(b)
in relation to rules applicable to proceedings in Northern Ireland, the
Lord Chief Justice of Northern Ireland.

The Lord Chancellor is not required to undertake any other consultation before
40
making the rules.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
53

(3)
The requirements of subsection (2)(a) and (b) may be satisfied by consultation
that took place wholly or partly before the passing of this Act.
(4)
Rules of court made by the Lord Chancellor under this section—
(a)
must be laid before Parliament, and
(b)
if not approved by a resolution of each House before the end of 40 days
5
beginning with the day on which they were made, cease to have effect
at the end of that period.

In reckoning the period of 40 days no account shall be taken of any time during
which Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than four days.
10
(5)
If rules cease to have effect in accordance with subsection (4)—
(a)
that does not affect anything previously done in reliance on the rules;
and
(b)
subsection (1) applies as if the rules had not been made.
(6)
The following provisions do not apply to rules of court made by the Lord
15
Chancellor under this section—
(a)
section 3(6) of the Civil Procedure Act 1997 (c. 12) (Parliamentary
procedure for civil procedure rules);
(b)
section 56 of the Judicature (Northern Ireland) Act 1978 (c. 23)
(statutory rules procedure).
20

Until section 85 of the Courts Act 2003 (c. 39) (process for making civil
procedure rules) comes into force, in paragraph (a) above for “section 3(6)”
substitute “section 3(2)”.
76
Interpretation of Part 5
In this Part—
25
“asset freezing decision” has the meaning given by section 69(2);
“asset freezing proceedings” has the meaning given by section 69(1);
“rules of court” means rules for regulating the practice and procedure to
be followed in the High Court or the Court of Appeal or in the Court of
Session;
30
“special advocate” means a person appointed under section 72;
“UN terrorism order” means an order specified in section 69(3).
Part 6
Inquests and inquiries
77
Certificate requiring inquest to be held without a jury: England and Wales
35
(1)
In section 8 of the Coroners Act 1988 (c. 13) (duty to hold inquest), after
subsection (7) insert—
“(8)
This section is subject to section 8A (certificate requiring inquest to be
held without a jury).”.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
54

(2)
After that section insert—
“8A
Certificate requiring inquest to be held without a jury
(1)
The Secretary of State may certify in relation to an inquest that, in the
opinion of the Secretary of State, the inquest will involve the
consideration of material that should not be made public—
5
(a)
in the interests of national security,
(b)
in the interests of the relationship between the United Kingdom
and another country, or
(c)
otherwise in the public interest.
(2)
A certificate may be issued—
10
(a)
in relation to an inquest that has not begun, or
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
(3)
Where a certificate has effect in relation to an inquest, the inquest must
be held or (as the case may be) continued without a jury, so that—
15
(a)
if a jury has not been summoned, the coroner must not summon
a jury, and
(b)
if a jury has been summoned, the coroner must discharge the
jury.
(4)
Accordingly, the following do not apply in relation to the inquest
20
whilst the certificate has effect—
(a)
the power under subsection (1) or (4) of section 8 to hold the
inquest or part of the inquest with a jury, and
(b)
the duty under subsection (3) of that section to hold the inquest
with a jury in the circumstances set out in that subsection.
25
(5)
A certificate has effect in relation to an inquest until it is revoked by the
Secretary of State; and the Secretary of State may revoke a certificate in
respect of an inquest—
(a)
before it has begun, or
(b)
after it has begun, at any time before its conclusion.
30
(6)
Where a certificate issued in relation to an inquest is revoked—
(a)
if subsection (3) of section 8 applies in relation to the inquest, the
coroner must summon a jury in the manner required by
subsection (2) of that section, and
(b)
otherwise, if it appears to the coroner that there is any reason for
35
summoning a jury, the coroner may summon a jury in that
manner.
(7)
If a jury is summoned—
(a)
the coroner must proceed in all respects as if the inquest had not
previously begun, and
40
(b)
the provisions of this Act apply accordingly as if that were the
case.”.
(3)
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.
45

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
55

78
Certificate requiring inquest to be held without a jury: Northern Ireland
(1)
In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of
coroner to hold inquest) after “sub-section (2)” insert “and section 18A”.
(2)
In section 18 of that Act (requirement to summon jury in certain cases) after
subsection (4) insert—
5
“(5)
This section is subject to section 18A (certificate requiring inquest to be
held without a jury).”.
(3)
After that section insert—
“18A
Certificate requiring inquest to be held without a jury
(1)
The Secretary of State may certify in relation to an inquest that, in the
10
opinion of the Secretary of State, the inquest will involve the
consideration of material that should not be made public—
(a)
in the interests of national security,
(b)
in the interests of the relationship between the United Kingdom
and another country, or
15
(c)
otherwise in the public interest.
(2)
A certificate may be issued—
(a)
in relation to an inquest that has not begun, or
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
20
(3)
Where a certificate has effect in relation to an inquest, the inquest must
be held or (as the case may be) continued without a jury, so that—
(a)
if a jury has not been summoned, the coroner must not cause a
jury to be summoned, and
(b)
if a jury has been summoned, the coroner must discharge the
25
jury.
(4)
Accordingly, the following do not apply in relation to the inquest
whilst the certificate has effect—
(a)
the power under subsection (1) of section 13 or subsection (2) of
section 18 to hold the inquest or part of the inquest with a jury,
30
and
(b)
the duty under subsection (1) of section 18 to hold the inquest
with a jury in the circumstances set out in that subsection.
(5)
A certificate has effect in relation to an inquest until it is revoked by the
Secretary of State; and the Secretary of State may revoke a certificate in
35
respect of an inquest—
(a)
before it has begun, or
(b)
after it has begun, at any time before its conclusion.
(6)
Where a certificate issued in relation to an inquest is revoked—
(a)
if subsection (1) of section 18 applies in relation to the inquest,
40
the coroner must cause a jury to be summoned in accordance
with that subsection, and
(b)
otherwise, if it appears to the coroner that it is desirable to
summon a jury, the coroner may cause a jury to be summoned
in accordance with that subsection.
45

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
56

(7)
If a jury is summoned—
(a)
the coroner must proceed in all respects as if the inquest had not
previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
case.”.
5
(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.
79
Specially appointed coroners
(1)
After section 18 of the Coroners Act 1988 (c. 13) insert—
10
“Inquests: specially appointed coroners
18A
Appointment of specially appointed coroners
(1)
If the Secretary of State issues a certificate under section 8A in relation
to an inquest, the Secretary of State may appoint a person (a “specially
appointed coroner”) to hold the inquest.
15
(2)
The Secretary of State must establish and maintain a list of coroners
eligible to be appointed under this section (“the approved list”).
(3)
A coroner may be included on the approved list only with the
agreement of the Lord Chief Justice of England and Wales or the
nominated senior judge.
20
(4)
A person may be appointed under this section only if—
(a)
the person is—
(i)
a coroner on the approved list,
(ii)
a puisne judge of the High Court in England and Wales,
or
25
(iii)
a circuit judge, and
(b)
the Lord Chief Justice of England and Wales or the nominated
senior judge agrees to the person’s appointment.
(5)
A specially appointed coroner may be appointed under this section—
(a)
in relation to an inquest that has not begun, or
30
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
(6)
An appointment may be made under this section whether the person
who would be required to hold the inquest apart from the appointment
would have jurisdiction to do so by virtue of—
35
(a)
the fact that the body of the deceased is lying in that person’s
district,
(b)
an order of the High Court under section 13 (order to hold
inquest),
(c)
an agreement or direction by the Secretary of State under
40
section 14 (inquest out of jurisdiction),
(d)
a direction by the Secretary of State under section 15 (inquest
where body destroyed or irrecoverable), or
(e)
a previous appointment under this section.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
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(7)
A reference in a provision of this section or section 18C to “the
nominated senior judge” is to the senior judge nominated by the Lord
Chief Justice of England and Wales for the purposes of that provision.
(8)
In subsection (7) “senior judge” means—
(a)
the Master of the Rolls,
5
(b)
the President of the Queen’s Bench Division,
(c)
the President of the Family Court,
(d)
the Chancellor of the High Court, or
(e)
a Lord Justice of Appeal in England and Wales.
18B
Effect of appointment of specially appointed coroner
10
(1)
Where a specially appointed coroner is appointed under section 18A to
hold an inquest—
(a)
the specially appointed coroner, and not the person who would
be required to hold the inquest apart from the appointment, has
jurisdiction to hold the inquest and must hold it accordingly,
15
and
(b)
the person who would otherwise be required to hold the
inquest ceases to have any powers or duties in relation to the
inquest or the body of the deceased.
(2)
If the inquest has begun—
20
(a)
the specially appointed coroner must proceed in all respects as
if the inquest had not previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
case.
(3)
In relation to the inquest and the body of the deceased, the specially
25
appointed coroner—
(a)
has the same jurisdiction and powers,
(b)
is subject to the same obligations, liabilities and
disqualifications, and
(c)
generally is subject to the provisions of this Act and to the law
30
relating to coroners and coroners’ inquests in the same manner,

as if the specially appointed coroner were the coroner for the original
coroner’s district.

This is subject to provision made by regulations under subsection (4).
(4)
The Secretary of State may by regulations made by statutory
35
instrument provide for this Act and the law relating to coroners and
coroners’ inquests to have effect in relation to specially appointed
coroners with such modifications as may be specified in the
regulations.
(5)
A statutory instrument containing regulations under subsection (4) is
40
subject to annulment in pursuance of a resolution of either House of
Parliament.
(6)
The Secretary of State may pay a specially appointed coroner such
remuneration and allowances as the Secretary of State thinks fit.
(7)
In this section and section 18C “the original coroner”, in relation to an
45
inquest, means the coroner who would have jurisdiction to hold the

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
58

inquest if no appointment had been made under section 18A in relation
to it.
18C
Revocation of appointment of specially appointed coroner
(1)
The Secretary of State may revoke the appointment of a specially
appointed coroner to hold an inquest—
5
(a)
on the grounds of the specially appointed coroner’s incapacity
or misbehaviour, or
(b)
if the Secretary of State revokes the certificate issued under
section 8A in relation to the inquest.
(2)
The Secretary of State may revoke an appointment under subsection (1)
10
only if the Lord Chief Justice of England and Wales or the nominated
senior judge agrees to the revocation.
(3)
Where the Secretary of State acts under subsection (1)(a) the Secretary
of State must make a further appointment under section 18A.
(4)
Where the Secretary of State acts under subsection (1)(b)—
15
(a)
the original coroner, and not the specially appointed coroner,
has jurisdiction to hold the inquest and must hold it
accordingly, and
(b)
the specially appointed coroner ceases to have any powers or
duties in relation to the inquest or the body of the deceased.
20
(5)
If the inquest has begun—
(a)
the original coroner must proceed in all respects as if the inquest
had not previously begun, and
(b)
the provisions of this Act apply accordingly as if that were the
case.”.
25
(2)
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.
80
Inquiries: intercept evidence
(1)
In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
30
(exceptions to exclusion of intercepted communications etc from legal
proceedings), in subsection (7), for paragraph (c) substitute—
“(c)
a disclosure to the panel of an inquiry held under the Inquiries
Act 2005 or to a person appointed as counsel to such an inquiry
where, in the course of the inquiry, the panel has ordered the
35
disclosure to be made to the panel alone or (as the case may be)
to the panel and the person appointed as counsel to the inquiry;
or”.
(2)
This section has effect in relation to inquiries under the Inquiries Act 2005
(c. 12) that have begun, but have not come to an end, before the day on which
40
it comes into force as well as to such inquiries beginning or on after that day.
(3)
Section 14 of the Inquiries Act 2005 (end of inquiry) has effect for determining
when an inquiry under that Act comes to an end for those purposes.