Counter-Terrorism Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 6 — Miscellaneous
55

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—
5
(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
10
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
15
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
20
under the control order.”.
(2)
In section 9 of that Act (offences)—
(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
25
section 7C commits an offence.”;
(b)
in subsection (7) after “subsection (3)” insert “or (3A)”.
(3)
These amendments have effect as from the commencement of this section and
apply regardless of when the control order was made.
78
Control orders: meaning of involvement in terrorism-related activity
30
(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
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.
35
79
Time allowed for representations by controlled person
(1)
Section 3 of the Prevention of Terrorism Act 2005 (supervision by court of
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
40
permission or (as the case may be) making its determination on the reference”.

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Part 6 — Miscellaneous
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(3)
After that subsection insert—
“(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
5
individual in accordance with section 7(8);
(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
10
comes into force.
80
Application for anonymity for controlled person
(1)
In the Schedule to the Prevention of Terrorism Act 2005 (c. 2) (control order
proceedings etc), paragraph 5 (application for anonymity for controlled
person) is amended as follows.
15
(2)
In sub-paragraph (1)(a) omit “, at any time after a control order has been
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
20
as references to the person in respect of whom the Secretary of State
has made an application to the court for (as the case may be)—
(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).”.
25
(4)
These amendments shall be deemed always to have had effect.
Forfeiture of terrorist cash
81
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
30
of terrorist cash) is amended as follows.
(2)
In paragraph 3 (detention of seized cash), after sub-paragraph (1) (which
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—
35
(a)
any Saturday or Sunday;
(b)
Christmas Day;
(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
40
Kingdom in which the cash is seized;

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Part 6 — Miscellaneous
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(e)
any day prescribed under section 8(2) of the Criminal
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
5
3(1A))”.
(4)
The amendments in this section apply in relation to cash seized after this
section comes into force.
82
Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
(1)
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24)
10
(forfeiture of terrorist cash), for paragraph 7 (appeal against forfeiture)
substitute—
“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
15
proceedings or by the decision of the court or sheriff not to make a
forfeiture order may appeal—
(a)
in England and Wales, to the Crown Court;
(b)
in Scotland, to the sheriff principal;
(c)
in Northern Ireland, to a county court.
20
      (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
may be, the decision is given.

This is subject to paragraph 7A (extended time for appealing in
certain cases of deproscription).
25
      (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
principal may order the release of the cash.
Extended time for appealing in certain cases where deproscription order made
30
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,
(b)
an application under section 4 of the Terrorism Act 2000 for a
deproscription order in respect of the organisation is refused
35
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,
(d)
an appeal against that refusal is allowed under section 5 of
that Act,
40
(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
section 123(5)(b).

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Part 6 — Miscellaneous
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      (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.
      (3)
In this paragraph a “deproscription order” means an order under
5
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.
Costs of policing at gas facilities
10
83
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
supply of gas connected with it, and
15
(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
agreement with the Secretary of State for Defence under section 2(2)(e)
20
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.
(3)
The Secretary of State may require a designated gas transporter who has an
interest in the gas facility to pay all or part of the costs incurred by the Secretary
25
of State in respect of the provision of extra police services in or around the
facility.
(4)
In this section “gas facility” means a facility used for the purposes of, or for
purposes connected with, the transportation of gas from a gas shipper to a gas
transporter or gas supplier.
30
(5)
The reference in subsection (3) to a designated gas transporter having an
interest in a gas facility includes the facility being used for, or for purposes
connected with, the supply of gas to the transporter.
84
Costs of policing at gas facilities: Scotland
(1)
This section applies where the Secretary of State considers—
35
(a)
that the provision of extra police services at a gas facility in Scotland is
necessary because of a risk of loss of or disruption to the 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.
40
(2)
In this section “extra police services” means—

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Part 6 — Miscellaneous
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(a)
the services of the Ministry of Defence Police provided under an
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)
police services provided under an agreement under section 13 of the
Police (Scotland) Act 1967 (c. 77) for the guarding, patrolling and
5
watching of the gas facility entered into at the request of the Secretary
of State by—
(i)
the occupier of, or of part of, the facility, and
(ii)
the police authority, chief constable of the police force or joint
police board for the police area in which it is situated.
10
(3)
The Secretary of State may require a designated gas transporter who has an
interest in the gas facility to pay all or part of the costs incurred by the Secretary
of State in respect of the provision of extra police services within subsection
(2)(a) in or around the facility.
(4)
The Secretary of State, if so requested by the occupier, must require a
15
designated gas transporter who has an interest in the gas facility to pay the
reasonable costs incurred by the occupier under any such agreement as is
mentioned in subsection (2)(b).
(5)
In this section “gas facility” means a facility used for the purposes of, or for
purposes connected with, the transportation of gas from a gas shipper to a gas
20
transporter or gas supplier.
(6)
References in this section to a designated gas transporter having an interest in
a gas facility include the facility being used for, or for purposes connected with,
the supply of gas to the transporter.
85
Designated gas transporters
25
(1)
The Secretary of State may by order designate a person who is the holder of a
licence under section 7 of the Gas Act 1986 (c. 44) (licensing of gas transporters)
as a designated gas transporter for the purposes of sections 83 to 88.
(2)
The order may provide for a person to be designated only in such capacity as
may be specified in the order.
30
(3)
An order under this section is subject to negative resolution procedure.
86
Costs of policing at gas facilities: recovery of costs
(1)
The Secretary of State may determine—
(a)
the amount of the costs to be paid by a designated gas transporter
under section 83 or 84,
35
(b)
the manner in which and the times at which those costs are to be paid,
and
(c)
the person or persons to whom they are to be paid.
(2)
An occupier who incurs costs under an agreement under section 13 of the
Police (Scotland) Act 1967 that are required to be paid by a designated gas
40
transporter under section 84 may recover them directly from the designated
gas transporter.
(3)
A designated gas transporter may, in determining its charges for conveying
gas through pipes, take into account—

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Part 6 — Miscellaneous
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(a)
any payments made by the designated gas transporter under section 83
or 84, and
(b)
the reasonable costs incurred by it as party to an agreement under
section 13 of the Police (Scotland) Act 1967 (c. 77) entered into at the
Secretary of State’s request.
5

This applies despite anything in the conditions of the designated gas
transporter’s licence under section 7 of the Gas Act 1986 (c. 44) that prevents
the transporter from recovering such payments or costs.
(4)
The Secretary of State may direct the Gas and Electricity Markets Authority
(“the Authority”)—
10
(a)
to treat the payments or costs as costs of a kind specified by the
Secretary of State for the purposes of the determination by the
designated gas transporter of the transporter’s charges, or
(b)
to allow the designated gas transporter to take into account payments
made or costs incurred in or in relation to a period so specified in
15
determining the transporter’s charges for a period so specified.
(5)
The Secretary of State must consult the designated gas transporter and the
Authority before giving a direction under this section.
87
Costs of policing at gas facilities: supplementary provisions
(1)
The Secretary of State must consult a designated gas transporter and the
20
Authority—
(a)
before the first time the Secretary of State requires the designated gas
transporter to pay any costs under section 83 or 84,
(b)
before the first time the Secretary of State requires the designated gas
transporter to pay such costs in respect of a particular gas facility, and
25
(c)
where extra police services were previously provided at a particular
gas facility, before the first time the Secretary of State requires the
designated gas transporter to pay such costs as the result of such
services being provided on a subsequent occasion.
(2)
The Secretary of State is not required—
30
(a)
to take into account representations made after the end of the period of
28 days beginning with the day on which the person making the
representations was consulted under subsection (1);
(b)
to consult anyone else before requiring a designated gas transporter to
pay costs under section 83 or 84.
35
(3)
Sections 4AA to 4A of the Gas Act 1986 (principal objective and general duties
of the Secretary of State and the Authority) do not apply in relation to anything
done or omitted by the Secretary of State or the Authority in the exercise of
functions under sections 83 to 87.
(4)
Expressions used in those sections that are defined in Part 1 of the Gas Act 1986
40
have the same meaning as in that Part.
88
Application of provisions to costs incurred before commencement
Sections 83 to 87 apply in relation to costs incurred in the period—
(a)
beginning with 16th January 2007, and
(b)
ending with the day before those sections come into force,
45

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Part 7 — Supplementary provisions
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as they apply in relation to costs incurred on or after that day.
Appointment of special advocates in Northern Ireland
89
Appointment of special advocates in Northern Ireland
(1)
In the following provisions for “Attorney General for Northern Ireland”,
wherever occurring, substitute “Advocate General for Northern Ireland”.
5
(2)
The provisions are—
section 6(2)(c) of the Special Immigration Appeals Commission Act 1997
(c. 68) (appointment of special advocate in proceedings before the
Special Immigration Appeals Commission);
rule 9(1) of the Northern Ireland Act Tribunal (Procedure) Rules 1999 (SI
10
1999/2131) (appointment of special advocate in proceedings before the
tribunal appointed under section 91 of the Northern Ireland Act 1998
(c. 47));
paragraph 7(2)(c) of Schedule 3 to the Terrorism Act 2000 (c. 11)
(appointment of special advocate in proceedings before the Proscribed
15
Organisations Appeal Commission);
paragraph 6(2)(c) of Schedule 6 to the Anti-terrorism, Crime and Security
Act 2001 (c. 24) (appointment of special advocate in proceedings before
the Pathogens Access Appeal Commission).
(3)
These amendments come into force when section 27 of the Justice (Northern
20
Ireland) Act 2002 (c. 26) comes into force.
Part 7
Supplementary provisions
General definitions
90
Meaning of “terrorism”
25
In this Act “terrorism” has the same meaning as in the Terrorism Act 2000
(c. 11) (see section 1 of that Act).
91
Meaning of offence having a “terrorist connection”
For the purposes of this Act an offence has a terrorist connection if the
offence—
30
(a)
is, or takes place in the course of, an act of terrorism, or
(b)
is committed for the purposes of terrorism.
92
Meaning of “ancillary offence”
(1)
In this Act “ancillary offence”, in relation to an offence, means any of the
following—
35
(a)
aiding, abetting, counselling or procuring the commission of the
offence (or, in Scotland, being art and part in the commission of the
offence);