Counter-Terrorism Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 4 — Notification requirements
45

(ii)
the conditions for application of the notification requirements
were met in respect of the original offence and are also met in
respect of the substituted offence,

the person is treated as if they had been dealt with for the substituted
offence at the time of the original decision;
5
(d)
if the sentence is varied—
(i)
so as to become one by virtue of which the notification
requirements apply for an indefinite period instead of for ten
years, or
(ii)
so as to become one by virtue of which the notification
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requirements apply for ten years instead of for an indefinite
period,

the length of the period for which the notification requirements apply
shall be determined as if the sentence as varied had been imposed at the
time of the original decision;
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(e)
in any other case, the variation is disregarded.
(4)
For the purposes of—
(a)
section 42(5) (effect of order adding offence to list of terrorism offences),
(b)
section 46(2) or paragraph 5(2) of Schedule 6 (effect of order reducing
term or period triggering notification requirements),
20
(c)
section 53(5)(b) or paragraph 6(5)(b) of Schedule 6 (period for which
notification requirements apply: ending of period resulting from
finding of disability etc where person subsequently tried), and
(d)
paragraph 2(3) of Schedule 5 (conditions for making foreign travel
restriction order: behaviour since offence dealt with),
25

a person is treated as dealt with at the time of the original decision and any
subsequent variation of the decision is disregarded.
(5)
For the purposes of—
(a)
section 44(1) and (2) or paragraph 3(1) and (2) of Schedule 6
(application of Part to offences dealt with before commencement),
30
(b)
paragraph 2(4) of Schedule 5 (conditions for making foreign travel
restriction order where offence dealt with before commencement),

a person is dealt with for an offence before the commencement of this Part if
the time of the original decision falls before the commencement of this Part.

Where in such a case subsection (3) above applies for the purposes of any
35
provision of this Part, that subsection has effect as if the provisions of this Part
had been in force at all material times.
(6)
In section 47(6) (adaptation of initial notification requirements in case of
offence dealt with before commencement)—
(a)
the reference in the opening words to an offence dealt with before the
40
commencement of this Part is to an offence where the time of the
original decision falls before the commencement of this Part, and
(b)
the reference in the closing words to when the offence is dealt with has
the same meaning as in subsection (1) of that section.
(7)
References in this section to the variation of a decision include any proceedings
45
by which the decision is altered, set aside or quashed, or in which a further
decision is come to following the setting aside or quashing of the decision.

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
Chapter 1 — Application to set aside asset freezing decision
46

Part 5
Asset freezing proceedings
Chapter 1
Application to set aside asset freezing decision
Introductory
5
62
Application to set aside asset freezing decision
(1)
This section applies to any decision of the Treasury in connection with the
exercise of any of their functions under—
(a)
the UN terrorism orders, or
(b)
Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24)
10
(freezing orders).
(2)
Any person affected by the decision may apply to the High Court or, in
Scotland, the Court of Session to set aside the decision.
(3)
In determining whether the decision should be set aside the court shall apply
the principles applicable on an application for judicial review.
15
(4)
If the court decides that a decision should be set aside it may make any such
order, or give any such relief, as may be made or given in proceedings for
judicial review.
(5)
Without prejudice to the generality of subsection (4), if the court sets aside a
decision of the Treasury—
20
(a)
to give a direction under any of the UN terrorism orders, or
(b)
to make a freezing order under Part 2 of the Anti-terrorism, Crime and
Security Act 2001,

the court must quash the relevant direction or order.
(6)
This section applies whether the decision of the Treasury was made before or
25
after the commencement of this section.
(7)
After the commencement of this section an application to set aside a decision
of the Treasury to which this section applies must be made under this section.
63
UN terrorism orders
(1)
For the purposes of section 62 the UN terrorism orders are—
30
(a)
the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365);
(b)
the Al-Qa’ida and Taliban (United Nations Measures) Order 2002 (S.I.
2002/111);
(c)
the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/2657);
(d)
the Al-Qaida and Taliban (United Nations Measures) Order 2006 (S.I.
35
2006/2952).
(2)
The Treasury may by order amend subsection (1) by—
(a)
adding other Orders in Council made under section 1 of the United
Nations Act 1946 (c. 45),

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
Chapter 2 — Asset freezing proceedings
47

(b)
providing that a reference to a specified Order in Council is to that
order as amended by a further Order in Council (made after the passing
of this Act), or
(c)
removing an Order in Council.
(3)
An order under subsection (2) is subject to negative resolution procedure.
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Chapter 2
Asset freezing proceedings
64
Asset freezing proceedings
In this Chapter “asset freezing proceedings” means proceedings in the High
Court or the Court of Session on an application under section 62 or on a claim
10
arising from any matter to which such an application relates.
Rules of court, disclosure and related matters
65
General provisions about rules of court
(1)
The following provisions apply to rules of court relating to—
(a)
asset freezing proceedings, or
15
(b)
proceedings on an appeal relating to asset freezing proceedings.
(2)
A person making rules of court must have regard to—
(a)
the need to secure that the decisions that are the subject of the
proceedings are properly reviewed; and
(b)
the need to secure that disclosures of information are not made where
20
they would be contrary to the public interest.
(3)
Rules of court may make provision—
(a)
about the mode of proof and about evidence in the proceedings;
(b)
enabling or requiring the proceedings to be determined without a
hearing; and
25
(c)
about legal representation in the proceedings.
(4)
Rules of court may make provision—
(a)
enabling the proceedings to take place without full particulars of the
reasons for the decisions to which the proceedings relate being given to
a party to the proceedings (or to any legal representative of that party);
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(b)
enabling the court to conduct proceedings in the absence of any person,
including a party to the proceedings (or any legal representative of that
party);
(c)
about the functions of a person appointed as a special advocate;
(d)
enabling the court to give a party to the proceedings a summary of
35
evidence taken in the party’s absence.
(5)
In this section—
(a)
references to a party to the proceedings do not include the Treasury;
(b)
references to a party’s legal representative do not include a person
appointed as a special advocate.
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Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
Chapter 2 — Asset freezing proceedings
48

(6)
Nothing in this section shall be read as restricting the power to make rules of
court or the matters to be taken into account when doing so.
66
Rules of court about disclosure
(1)
The following provisions apply to rules of court relating to—
(a)
asset freezing proceedings, or
5
(b)
proceedings on an appeal relating to asset freezing proceedings.
(2)
Rules of court must secure that the Treasury are required to disclose—
(a)
material on which they rely,
(b)
material which adversely affects their case, and
(c)
material which supports the case of a party to the proceedings.
10

This is subject to the following provisions of this section.
(3)
Rules of court must secure—
(a)
that the Treasury have the opportunity to make an application to the
court for permission not to disclose material otherwise than to—
(i)
the court, and
15
(ii)
any person appointed as a special advocate;
(b)
that such an application is always considered in the absence of every
party to the proceedings (and every party’s legal representative);
(c)
that the court is required to give permission for material not to be
disclosed if it considers that the disclosure of the material would be
20
contrary to the public interest;
(d)
that, if permission is given by the court not to disclose material, it must
consider requiring the Treasury to provide a summary of the material
to every party to the proceedings (and every party’s legal
representative);
25
(e)
that the court is required to ensure that such a summary does not
contain material the disclosure of which would be contrary to the
public interest.
(4)
Rules of court must secure that in cases where the Treasury—
(a)
do not receive the court’s permission to withhold material, but elect not
30
to disclose it, or
(b)
are required to provide a party to the proceedings with a summary of
material that is withheld, but elect not to provide the summary,

provision to the following effect applies.
(5)
The court must be authorised—
35
(a)
if it considers that the material or anything that is required to be
summarised might adversely affect the Treasury’s case or support the
case of a party to the proceedings, to direct that the Treasury shall not
rely on such points in their case, or shall make such concessions or take
such other steps, as the court may specify, or
40
(b)
in any other case, to ensure that the Treasury do not rely on the material
or (as the case may be) on that which is required to be summarised.
(6)
Nothing in this section, or in rules of court made under it, is to be read as
requiring the court to act in a manner inconsistent with Article 6 of the Human
Rights Convention.
45
(7)
In this section—

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
Chapter 2 — Asset freezing proceedings
49

(a)
references to a party to the proceedings do not include the Treasury;
(b)
references to a party’s legal representative do not include a person
appointed as a special advocate; and
(c)
“the Human Rights Convention” means the Convention within the
meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that
5
Act).
67
Appointment of special advocate
(1)
The relevant law officer may appoint a person to represent the interests of a
party to—
(a)
asset freezing proceedings, or
10
(b)
proceedings on an appeal, or further appeal, relating to asset freezing
proceedings,

in any of those proceedings from which the party (and any legal representative
of the party) is excluded.

This is referred to in this Chapter as appointment as “a special advocate”.
15
(2)
A person appointed as a special advocate is not responsible to the party to the
proceedings whose interests the person is appointed to represent.
(3)
The relevant law officer is—
(a)
in relation to asset freezing proceedings in England and Wales, or on an
appeal or further appeal relating to such proceedings, the Attorney
20
General;
(b)
in relation to asset freezing proceedings in Scotland, or on an appeal or
further appeal relating to such proceedings, the Advocate General for
Scotland;
(c)
in relation to asset freezing proceedings in Northern Ireland, or on an
25
appeal or further appeal relating to such proceedings, the Advocate
General for Northern Ireland.
(4)
A person may be appointed as a special advocate only if—
(a)
in the case of an appointment by the Attorney General, the person has
a general legal qualification for the purposes of section 71 of the Courts
30
and Legal Services Act 1990 (c. 41);
(b)
in the case of an appointment by the Advocate General for Scotland, the
person is an advocate or a solicitor who has rights of audience in the
Court of Session or the High Court of Justiciary by virtue of section 25A
of the Solicitors (Scotland) Act 1980 (c. 46);
35
(c)
in the case of an appointment by the Advocate General for Northern
Ireland, the person is a member of the Bar of Northern Ireland.
(5)
Until the coming into force of section 27 of the Justice (Northern Ireland) Act
2002 (c. 26), references in this section to the Advocate General for Northern
Ireland are to be read as references to the Attorney General for Northern
40
Ireland.

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.