Counter-Terrorism Bill

House of Lords

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 7 — Miscellaneous
59

81
Inquests: intercept evidence
(1)
In section 18(7) of the Regulation of Investigatory Powers Act 2000 (c. 23), after
paragraph (c) insert—
“(d)
a disclosure to a coroner or to a person appointed as counsel to
an inquest where—
5
(i)
the Secretary of State has issued a certificate under
section 8A of the Coroners Act 1988 or section 18A of the
Coroners Act (Northern Ireland) 1959 (certificate
requiring inquest to be held without a jury) in relation to
the inquest, and
10
(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.”.
(2)
In that section, after subsection (8A) insert—
“(8B)
A coroner shall not order a disclosure under subsection (7)(d) except
15
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)
In that section, after subsection (11) insert—
“(11A)
In relation to an inquest held or to be held by a specially appointed
20
coroner appointed under section 18A of the Coroners Act 1988,
references in this section to the coroner are to the specially appointed
coroner.”.
(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
25
inquests beginning on or after that day.
Part 7
Miscellaneous
Amendment of definition of “terrorism” etc
82
Amendment of definition of “terrorism” etc
30
(1)
In the provisions listed below (which define “terrorism”, or make similar
provision, and require that the use or threat of action is made for the purpose
of advancing a political, religious or ideological cause), after “religious” insert
“, racial”.
(2)
The provisions are—
35
(a)
section 1(1)(c) of the Terrorism Act 2000 (c. 11),
(b)
section 113A(2) of the Anti-terrorism, Crime and Security Act 2001 (c
24),
(c)
paragraph 4(2)(c) of Schedule 21 to the Criminal Justice Act 2003 (c. 44),
(d)
Article 2(3)(c) of the Terrorism (United Nations Measures) Order 2006
40
(SI 2006/2657),
(e)
Article 4(1)(c) of the Anti-terrorism (Financial and Other Measures)
(Overseas Territories) Order 2002 (SI 2002/1822),

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(f)
Article 2(1)(a)(iii) of the Terrorism (United Nations Measures)
(Overseas Territories) Order 2001 (SI 2001/3366),
(g)
Article 3(1) of the Terrorism (United Nations Measures) (Isle of Man)
Order 2001 (SI 2001/3364),
(h)
Article 3(1) of the Terrorism (United Nations Measures) (Channel
5
Islands) Order 2001 (SI 2001/3363).
Terrorist offences
83
Offences relating to information about members of armed forces etc
(1)
After section 58 of the Terrorism Act 2000 (c. 11) (collection of information)
insert—
10
“58A
Eliciting, publishing or communicating information about members
of armed forces etc
(1)
A person commits an offence who—
(a)
elicits or attempts to elicit information about an individual who
is or has been—
15
(i)
a member of Her Majesty’s forces,
(ii)
a member of any of the intelligence services, or
(iii)
a constable,

which is of a kind likely to be useful to a person committing or
preparing an act of terrorism, or
20
(b)
publishes or communicates any such information.
(2)
It is a defence for a person charged with an offence under this section
to prove that they had a reasonable excuse for their action.
(3)
A person guilty of an offence under this section is liable—
(a)
on conviction on indictment, to imprisonment for a term not
25
exceeding 10 years or to a fine, or to both;
(b)
on summary conviction—
(i)
in England and Wales or Scotland, to imprisonment for
a term not exceeding 12 months or to a fine not
exceeding the statutory maximum, or to both;
30
(ii)
in Northern Ireland, to imprisonment for a term not
exceeding 6 months or to a fine not exceeding the
statutory maximum, or to both.
(4)
In this section “the intelligence services” means the Security Service, the
Secret Intelligence Service and GCHQ (within the meaning of section 3
35
of the Intelligence Services Act 1994 (c. 13)).
(5)
Schedule 8A to this Act contains supplementary provisions relating to
the offence under this section.”.
(2)
In the application of section 58A in England and Wales in relation to an offence
committed before the commencement of section 154(1) of the Criminal Justice
40
Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as
a reference to 6 months.
(3)
In section 118 of the Terrorism Act 2000 (defences), in subsection (5)(a) after
“58,” insert “58A,”.

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(4)
After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in
Schedule 7 to this Act.
84
Terrorist property: disclosure of information about possible offences
(1)
Part 3 of the Terrorism Act 2000 (c. 11) (terrorist property) is amended as
follows.
5
(2)
In section 19(1) (duty to disclose belief or suspicion that offence committed), in
paragraph (b) for “comes to his attention in the course of a trade, profession,
business or employment” substitute—

“comes to his attention—
(i)
in the course of a trade, profession or business, or
10
(ii)
in the course of his employment (whether or not in the
course of a trade, profession or business).”.
(3)
After section 22 insert—
“22A
Meaning of “employment”
In sections 19 to 21B—
15
(a)
“employment” means any employment (whether paid or
unpaid) and includes—
(i)
work under a contract for services or as an office-holder,
(ii)
work experience provided pursuant to a training course
or programme or in the course of training for
20
employment, and
(iii)
voluntary work;
(b)
“employer” has a corresponding meaning.”.
(4)
So far as the amendment in subsection (3) above extends any provision of
sections 19 to 21B of the Terrorism Act 2000 involving belief or suspicion to
25
cases to which that provision did not previously apply, that provision applies
where the belief or suspicion is held after subsection (3) above comes into force
even if based on information that came to the person’s attention before that
subsection was in force.

In any such case sections 19(2), 21(3) and 21A(4) of that Act (duty to make
30
disclosure as soon as is reasonably practicable) are to be read as requiring the
person to act as soon as is reasonably practicable after subsection (3) above
comes into force.
Control orders
85
Control orders: powers of entry and search
35
(1)
After section 7 of the Prevention of Terrorism Act 2005 (c. 2) insert—
“7A
Powers of entry and search: absconding
(1)
If a constable reasonably suspects that the controlled person has
absconded, the constable may enter (if necessary by force) and search
premises to which this section applies—
40
(a)
for the purpose of determining whether the person has
absconded;

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(b)
if it appears that the person has absconded, for material that
may assist in the pursuit and arrest of the controlled person.
(2)
The premises to which this section applies are—
(a)
the controlled person’s place of residence;
(b)
any other premises to which the controlled person is, or at any
5
time has been, required to grant access in accordance with an
obligation imposed by or under a control order.
7B
Powers of entry and search: failure to grant access to premises
(1)
This section applies where a constable reasonably suspects that the
controlled person is not granting access to premises, as required by an
10
obligation imposed by or under the control order, at a time when the
controlled person is required, by an obligation so imposed, to be at
those premises.
(2)
The constable may enter (if necessary by force) and search the
premises—
15
(a)
for the purpose of determining whether any of the obligations
imposed by or under the control order have been contravened;
(b)
if it appears that an obligation has been contravened, for
material that may assist in the investigation of the
contravention.
20
7C
Powers of entry and search: monitoring compliance with order
(1)
A constable may apply for the issue of a warrant under this section for
the purposes of determining whether the controlled person is
complying with the obligations imposed by or under a control order.
(2)
The application must be made—
25
(a)
in England and Wales, to a justice of the peace;
(b)
in Scotland, to the sheriff;
(c)
in Northern Ireland, to a lay magistrate.
(3)
A warrant under this section shall authorise any constable to enter (if
necessary by force) and search premises to which this section applies
30
that are specified in the warrant.
(4)
The premises to which this section applies are—
(a)
the controlled person’s place of residence;
(b)
any other premises to which the controlled person is, or at any
time has been, required to grant access in accordance with an
35
obligation imposed by or under a control order.
(5)
An application under this section may only be granted if the justice of
the peace, the sheriff or the lay magistrate is satisfied that the issue of
the warrant is necessary for the purposes of determining whether the
controlled person is complying with the obligations imposed by or
40
under the control order.”.
(2)
In section 9 of that Act (offences)—

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(a)
after subsection (3) insert—
“(3A)
A person who intentionally obstructs the exercise by a constable
of a power conferred by section 7A or 7B or by a warrant under
section 7C commits an offence.”;
(b)
in subsection (7) after “subsection (3)” insert “or (3A)”.
5
(3)
These amendments have effect as from the commencement of this section and
apply regardless of when the control order was made.
86
Control orders: meaning of involvement in terrorism-related activity
(1)
In section 1(9) of the Prevention of Terrorism Act 2005 (c. 2) (meaning of
involvement in terrorism-related activity), in paragraph (d), for “to be involved
10
in terrorism-related activity” substitute “by the individual concerned to be
involved in conduct falling within paragraphs (a) to (c)”.
(2)
This amendment shall be deemed always to have had effect.
87
Time allowed for representations by controlled person
(1)
Section 3 of the Prevention of Terrorism Act 2005 (supervision by court of
15
making of non-derogating control orders) is amended as follows.
(2)
In subsection (7) (opportunity for individual to make representations about
directions given by the court), omit “within 7 days of the court’s giving
permission or (as the case may be) making its determination on the reference”.
(3)
After that subsection insert—
20
“(7A)
The individual must be given the opportunity to make those
representations—
(a)
in the case of directions under subsection (2)(c), within 7 days of
notice of the terms of the control order being delivered to the
individual in accordance with section 7(8);
25
(b)
in the case of directions given under subsection (6)(b) or (c),
within 7 days of the court making its determination on the
reference.”.
(4)
These amendments apply in relation to control orders made after this section
comes into force.
30
88
Application for anonymity for controlled person
(1)
In the Schedule to the Prevention of Terrorism Act 2005 (control order
proceedings etc), paragraph 5 (application for anonymity for controlled
person) is amended as follows.
(2)
In sub-paragraph (1)(a) omit “, at any time after a control order has been
35
made,”.
(3)
After sub-paragraph (3) insert—
    “(4)
In relation to a time before the control order has been made
references in this paragraph to “the controlled person” shall be read
as references to the person in respect of whom the Secretary of State
40
has made an application to the court for (as the case may be)—

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(a)
permission to make a non-derogating control order under
section 3(1)(a), or
(b)
the making of a derogating control order under section 4(1).”.
(4)
These amendments shall be deemed always to have had effect.
Forfeiture of terrorist cash
5
89
Forfeiture of terrorist cash: determination of period for which cash may be
detained
(1)
Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (forfeiture
of terrorist cash) is amended as follows.
(2)
In paragraph 3 (detention of seized cash), after sub-paragraph (1) (which
10
specifies the period for which cash seized may initially be detained) insert—
   “(1A)
In determining the period of 48 hours specified in sub-paragraph (1)
there shall be disregarded—
(a)
any Saturday or Sunday;
(b)
Christmas Day;
15
(c)
Good Friday;
(d)
any day that is a bank holiday under the Banking and
Financial Dealings Act 1971 in the part of the United
Kingdom in which the cash is seized;
(e)
any day prescribed under section 8(2) of the Criminal
20
Procedure (Scotland) Act 1995 as a court holiday in the sheriff
court district in which the cash is seized.”.
(3)
In paragraphs 4(1) and 10(2) (which refer to the period specified in paragraph
3(1)), after “48 hours” insert “(determined in accordance with paragraph
3(1A))”.
25
(4)
The amendments in this section apply in relation to cash seized after this
section comes into force.
90
Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
(1)
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of
terrorist cash), for paragraph 7 (appeal against forfeiture) substitute—
30
“Appeal against decision in forfeiture proceedings
7     (1)
A party to proceedings for an order under paragraph 6 (“a forfeiture
order”) who is aggrieved by a forfeiture order made in the
proceedings or by the decision of the court or sheriff not to make a
forfeiture order may appeal—
35
(a)
in England and Wales, to the Crown Court;
(b)
in Scotland, to the sheriff principal;
(c)
in Northern Ireland, to a county court.
      (2)
The appeal must be brought before the end of the period of 30 days
beginning with the date on which the order is made or, as the case
40
may be, the decision is given.

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This is subject to paragraph 7A (extended time for appealing in
certain cases of deproscription).
      (3)
The court or sheriff principal hearing the appeal may make any order
that appears to the court or sheriff principal to be appropriate.
      (4)
If an appeal against a forfeiture order is upheld, the court or sheriff
5
principal may order the release of the cash.
Extended time for appealing in certain cases where deproscription order made
7A    (1)
This paragraph applies where—
(a)
a successful application for a forfeiture order relies (wholly or
partly) on the fact that an organisation is proscribed,
10
(b)
an application under section 4 of the Terrorism Act 2000 for a
deproscription order in respect of the organisation is refused
by the Secretary of State,
(c)
the forfeited cash is seized under this Schedule on or after the
date of the refusal of that application,
15
(d)
an appeal against that refusal is allowed under section 5 of
that Act,
(e)
a deproscription order is made accordingly, and
(f)
if the order is made in reliance on section 123(5) of that Act, a
resolution is passed by each House of Parliament under
20
section 123(5)(b).
      (2)
Where this paragraph applies, an appeal under paragraph 7 above
against the forfeiture order may be brought at any time before the
end of the period of 30 days beginning with the date on which the
deproscription order comes into force.
25
      (3)
In this paragraph a “deproscription order” means an order under
section 3(3)(b) or (8) of the Terrorism Act 2000.”.
(2)
This amendment applies where the order or decision of the court or sheriff
against which the appeal is brought is made or given after this section comes
into force.
30
Costs of policing at gas facilities
91
Costs of policing at gas facilities: England and Wales
(1)
This section applies where the Secretary of State considers—
(a)
that the provision of extra police services at a gas facility in England or
Wales is necessary because of a risk of loss of or disruption to the
35
supply of gas connected with it, and
(b)
that the loss or disruption would have a serious impact on the United
Kingdom or any part of it.
(2)
In this section “extra police services” means—
(a)
the services of the Ministry of Defence Police provided under an
40
agreement with the Secretary of State for Defence under section 2(2)(e)
of the Ministry of Defence Police Act 1987 (c. 4), or
(b)
special police services provided under section 25(1) of the Police Act
1996 (c. 16) at the Secretary of State’s request.