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
Chapter 2 — Asset freezing proceedings
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68
Intercept evidence
(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of intercepted communications etc from legal
proceedings) is amended as follows.
(2)
In subsection (1) (excepted proceedings), after paragraph (da) insert—
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“(db)
any asset freezing proceedings as defined in section 64 of the
Counter-Terrorism Act 2008, or any proceedings arising out of
such proceedings;”.
(3)
In subsection (2) (persons to whom disclosure not to be made), after paragraph
(za) insert—
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“(zb)
in the case of proceedings falling within paragraph (db), to—
(i)
a person, other than the Treasury, who is or was a party
to the proceedings, or
(ii)
any person who for the purposes of the proceedings (but
otherwise than by virtue of appointment as a special
15
advocate) represents a person falling within sub-
paragraph (i);”.
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Qualification of duty to give reasons
In paragraph 11 of Schedule 3 to the Anti-terrorism, Crime and Security Act
2001 (c. 24) (Treasury’s duty to give reason why person is specified in freezing
20
order), make the existing provision sub-paragraph (1) and after it insert—
    “(2)
Sub-paragraph (1) does not apply if, or to the extent that, particulars
of the reason would not be required to be disclosed to the applicant
in proceedings to set aside the freezing order.”.
Supplementary provisions
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70
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 Chapter 2 of
Part 5 of the Counter-Terrorism Act 2008 (see section 64 of that Act);”.
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71
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 Chapter—
(a)
in relation to proceedings in England and Wales, or
(b)
in relation to proceedings in Northern Ireland,
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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—
(a)
in relation to rules applicable to proceedings in England and Wales, the
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Lord Chief Justice of England and Wales;

Counter-Terrorism Bill
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(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
making the rules.
(3)
The requirements of subsection (2)(a) and (b) may be satisfied by consultation
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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
beginning with the day on which they were made, cease to have effect
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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.
(5)
If rules cease to have effect in accordance with subsection (4)—
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(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
Chancellor under this section—
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(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).

Until section 85 of the Courts Act 2003 (c. 39) (process for making civil
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procedure rules) comes into force, in paragraph (a) above for “section 3(6)”
substitute “section 3(2)”.
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Interpretation
In this Chapter—
“asset freezing proceedings” has the meaning given by section 64;
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“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;
“special advocate” means a person appointed under section 67.
Part 6
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Miscellaneous
Inquiries
73
Inquiries: intercept evidence
(1)
In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
(exceptions to exclusion of intercepted communications etc from legal
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Counter-Terrorism Bill
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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
disclosure to be made to the panel alone or (as the case may be)
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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
it comes into force as well as to such inquiries beginning or on after that day.
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(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.
Amendment of definition of “terrorism” etc
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Amendment of definition of “terrorism” etc
(1)
In the provisions listed below (which define “terrorism”, or make similar
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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—
(a)
section 1(1)(c) of the Terrorism Act 2000 (c. 11),
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(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
(SI 2006/2657),
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(e)
Article 4(1)(c) of the Anti-terrorism (Financial and Other Measures)
(Overseas Territories) Order 2002 (SI 2002/1822),
(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)
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Order 2001 (SI 2001/3364),
(h)
Article 3(1) of the Terrorism (United Nations Measures) (Channel
Islands) Order 2001 (SI 2001/3363).
Terrorist offences
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Offences relating to information about members of armed forces etc
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(1)
After section 58 of the Terrorism Act 2000 (collection of information) insert—
“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
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is or has been—
(i)
a member of Her Majesty’s forces,

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(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
(b)
publishes or communicates any such information.
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(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
exceeding 10 years or to a fine, or to both;
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(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;
(ii)
in Northern Ireland, to imprisonment for a term not
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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
of the Intelligence Services Act 1994 (c. 13)).
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(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
Act 2003 (c. 44) the reference in subsection (3)(b)(i) to 12 months is to be read as
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a reference to 6 months.
(3)
In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a)
after “58,” insert “58A,”.
(4)
After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in
Schedule 7 to this Act.
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76
Terrorist property: disclosure of information about possible offences
(1)
Part 3 of the Terrorism Act 2000 (terrorist property) is amended as follows.
(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—
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“comes to his attention—
(i)
in the course of a trade, profession or business, or
(ii)
in the course of his employment (whether or not in the
course of a trade, profession or business).”.
(3)
After section 22 insert—
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“22A
Meaning of “employment”
In sections 19 to 21B—
(a)
“employment” means any employment (whether paid or
unpaid) and includes—

Counter-Terrorism Bill
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(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
employment, and
(iii)
voluntary work;
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(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 (c. 11) involving belief or suspicion
to cases to which that provision did not previously apply, that provision
applies where the belief or suspicion is held after subsection (3) above comes
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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
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
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comes into force.
Control orders
77
Control orders: powers of entry and search
(1)
After section 7 of the Prevention of Terrorism Act 2005 (c. 2) insert—
“7A
Powers of entry and search: absconding
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(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—
(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
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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
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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—
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(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.
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