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Counter-Terrorism Bill


Counter-Terrorism Bill
Schedule 7 — Offences relating to information about members of armed forces etc: supplementary provisions

93

 

Schedule 7

Section 83

 

Offences relating to information about members of armed forces etc:

supplementary provisions

           

The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000

(c. 11)—

5

“Schedule 8A

Offence under section 58A: supplementary provisions

Introduction

1     (1)  

This Schedule makes supplementary provision relating to the

offence in section 58A (eliciting, publishing or communicating

10

information about members of the armed forces etc).

      (2)  

The purpose of this Schedule is to comply with Directive 2000/31/

EC of the European Parliament and of the Council of 8 June 2000

on certain legal aspects of information society services, in

particular electronic commerce, in the Internal Market (“the E-

15

Commerce Directive”).

Domestic service providers: extension of liability

2     (1)  

This paragraph applies where a service provider is established in

the United Kingdom (a “domestic service provider”).

      (2)  

Section 58A applies to a domestic service provider who—

20

(a)   

commits any of the acts specified in subsection (1) of that

section in an EEA state other than the United Kingdom,

and

(b)   

does so in the course of providing information society

services,

25

           

as it applies to a person who commits such an act in the United

Kingdom.

      (3)  

In such a case—

(a)   

proceedings for the offence may be taken at any place in

the United Kingdom, and

30

(b)   

the offence may for all incidental purposes be treated as

having been committed at any such place.

Non-UK service providers: restriction on proceedings

3     (1)  

This paragraph applies where a service provider is established in

an EEA state other than the United Kingdom (a “non-UK service

35

provider”).

      (2)  

Proceedings for an offence under section 58A must not be brought

against a non-UK service provider in respect of anything done in

the course of the provision of information society services unless

the following conditions are met.

40

      (3)  

The conditions are—

 
 

Counter-Terrorism Bill
Schedule 7 — Offences relating to information about members of armed forces etc: supplementary provisions

94

 

(a)   

that the bringing of proceedings is necessary for one of the

following reasons—

(i)   

public policy,

(ii)   

public security, including the safeguarding of

national security and defence;

5

(b)   

that the proceedings are brought against an information

society service that prejudices the objectives referred to in

paragraph (a) or presents a serious and grave risk of

prejudice to those objectives;

(c)   

that the bringing of the proceedings is proportionate to

10

those objectives.

Exceptions for mere conduits

4     (1)  

A service provider is not guilty of an offence under section 58A in

respect of anything done in the course of providing so much of an

information society service as consists in—

15

(a)   

the provision of access to a communication network, or

(b)   

the transmission in a communication network of

information provided by a recipient of the service,

           

if the following condition is satisfied.

      (2)  

The condition is that the service provider does not—

20

(a)   

initiate the transmission,

(b)   

select the recipient of the transmission, or

(c)   

select or modify the information contained in the

transmission.

      (3)  

For the purposes of sub-paragraph (1)—

25

(a)   

the provision of access to a communication network, and

(b)   

the transmission of information in a communication

network,

           

includes the automatic, intermediate and transient storage of the

information transmitted so far as the storage is solely for the

30

purpose of carrying out the transmission in the network.

      (4)  

Sub-paragraph (3) does not apply if the information is stored for

longer than is reasonably necessary for the transmission.

Exception for caching

5     (1)  

This paragraph applies where an information society service

35

consists in the transmission in a communication network of

information provided by a recipient of the service.

      (2)  

The service provider is not guilty of an offence under section 58A

in respect of the automatic, intermediate and temporary storage of

information so provided, if—

40

(a)   

the storage of the information is solely for the purpose of

making more efficient the onward transmission of the

information to other recipients of the service at their

request, and

(b)   

the following conditions are satisfied.

45

 
 

Counter-Terrorism Bill
Schedule 7 — Offences relating to information about members of armed forces etc: supplementary provisions

95

 

      (3)  

The first condition is that the service provider does not modify the

information.

      (4)  

The second condition is that the service provider complies with

any conditions attached to having access to the information.

      (5)  

The third condition is that if the service provider obtains actual

5

knowledge that—

(a)   

the information at the initial source of the transmission has

been removed from the network,

(b)   

access to it has been disabled, or

(c)   

a court or administrative authority has ordered the

10

removal from the network of, or the disablement of access

to, the information,

           

the service provider expeditiously removes the information or

disables access to it.

Exception for hosting

15

6     (1)  

A service provider is not guilty of an offence under section 58A in

respect of anything done in the course of providing so much of an

information society service as consists in the storage of

information provided by a recipient of the service, if the condition

is met.

20

      (2)  

The condition is that—

(a)   

the service provider had no actual knowledge when the

information was provided that it contained offending

material, or

(b)   

on obtaining actual knowledge that the information

25

contained offending material, the service provider

expeditiously removed the information or disabled access

to it.

      (3)  

“Offending material” means information about a person who is or

has been a member of Her Majesty’s Forces which is of a kind

30

likely to be useful to a person committing or preparing an act of

terrorism.

      (4)  

This paragraph does not apply if the recipient of the service is

acting under the authority or control of the service provider.

Interpretation

35

7     (1)  

In this Schedule—

“information society services”—

(a)   

has the meaning given in Article 2(a) of the E-

Commerce Directive (which refers to Article 1(2) of

Directive 98/34/EC of the European Parliament and

40

of the Council of 22 June 1998 laying down a

procedure for the provision of information in the field

of technical standards and regulations), and

(b)   

is summarised in recital 17 of the E-Commerce

Directive as covering “any service normally provided

45

for remuneration, at a distance, by means of electronic

 
 

Counter-Terrorism Bill
Schedule 8 — Repeals
Part 2 — Disclosure of information and the intelligence services

96

 

equipment for the processing (including digital

compression) and storage of data, and at the

individual request of a recipient of a service”;

“recipient”, in relation to a service, means any person who,

for professional ends or otherwise, uses an information

5

society service, in particular for the purposes of seeking

information or making it accessible;

“service provider” means a person providing an information

society service.

      (2)  

For the purposes of this Schedule whether a service provider is

10

established in the United Kingdom, or in some other EEA state,

shall be determined in accordance with the following provisions—

(a)   

a service provider is established in the United Kingdom, or

in a particular EEA state, if the service provider—

(i)   

effectively pursues an economic activity using a

15

fixed establishment in the United Kingdom, or that

EEA state, for an indefinite period, and

(ii)   

is a national of an EEA state or a company or firm

mentioned in Article 48 of the EEC Treaty;

(b)   

the presence or use in a particular place of equipment or

20

other technical means of providing an information society

service does not, of itself, constitute the establishment of a

service provider;

(c)   

where it cannot be determined from which of a number of

establishments a given information society service is

25

provided, that service is to be regarded as provided from

the establishment at the centre of the service provider’s

activities relating to that service.”.

Schedule 8

Section 103

 

Repeals

30

Part 1

Retention and use of fingerprints and samples

 

Short title and chapter

Extent of repeal

 
 

Terrorism Act 2000 (c. 11)

In Schedule 8, paragraph 14(3).

 

Part 2

35

Disclosure of information and the intelligence services

 

Short title and chapter

Extent of repeal or revocation

 
 

Anti-terrorism, Crime and

Section 19(2)(a).

 
 

Security Act 2001 (c. 24)

  
 
 

Counter-Terrorism Bill
Schedule 8 — Repeals
Part 4 — Forfeiture

97

 
 

Short title and chapter

Extent of repeal or revocation

 
 

Representation of the People

Regulation 45E(3) and (4).

 
 

(England and Wales)

In Regulation 109—

 
 

Regulations 2001 (S.I. 2001/

(a)   

paragraph (1)(g) to (i);

 
 

341)

(b)   

in paragraph (4)(a), the words preceding

 

5

  

paragraph (i);

 
  

(c)   

paragraph (4)(b) and the word “and”

 
  

immediately preceding it.

 
  

In Regulation 115(2), “45E(3),”.

 
 

Representation of the People

Regulation 45D(3) and (4).

 

10

 

(Scotland) Regulations 2001

In Regulation 108—

 
 

(S.I. 2001/497)

(a)   

paragraph (1)(g) to (i);

 
  

(b)   

in paragraph (4)(a), the words preceding

 
  

paragraph (i);

 
  

(c)   

paragraph (4)(b) and the word “and”

 

15

  

immediately preceding it.

 
  

In Regulation 115(2), “45D(3),”.

 
 

Immigration, Asylum and

Section 38.

 
 

Nationality Act 2006 (c. 13)

  
 

Statistics and Registration

Section 39(4)(g).

 

20

 

Service Act 2007 (c. 18)

In section 67, the definition of “Intelligence

 
  

Service”.

 
 

Part 3

Pre-charge detention

 

Short title and chapter

Extent of repeal

 

25

 

Terrorism Act 2000 (c. 11)

In Schedule 8, in paragraph 29(4)(a) and (c), the

 
  

words “after consulting the Lord Chancellor”.

 
 

Terrorism Act 2006 (c. 11)

In section 23—

 
  

(a)   

in subsection (2), the words “each of”

 
  

and “and 36”;

 

30

  

(b)   

subsections (6) to (10).

 
    

Part 4

Forfeiture

 

Short title and chapter

Extent of repeal

 

35

 

Terrorism Act 2000 (c. 11)

Section 54(7) to (9).

 
  

Section 58(5) to (7).

 
 
 

Counter-Terrorism Bill
Schedule 8 — Repeals
Part 5 — Control orders

98

 

Part 5

Control orders

 

Short title and chapter

Extent of repeal

 
 

Prevention of Terrorism Act

In section 3—

 
 

2005 (c. 2)

(a)   

subsection (1)(c);

 

5

  

(b)   

in subsection (7) the words “within 7

 
  

days of the court’s giving permission or

 
  

(as the case may be) making its

 
  

determination on the reference”.

 
  

Section 8(8).

 

10

  

In the Schedule, in paragraph 5(1)(a) the words

 
  

“, at any time after a control order has been

 
  

made,”.

 
 
 

 
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