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 — Supplementary provisions
62

(b)
an offence under Part 2 of the Serious Crime Act 2007 (c. 27)
(encouraging or assisting crime) in relation to the offence (or, in
Scotland, inciting a person to commit the offence);
(c)
attempting or conspiring to commit the offence.
(2)
In subsection (1)(b) the reference to an offence under Part 2 of the Serious
5
Crime Act 2007 includes, in relation to times before the commencement of that
Part, an offence of incitement under the law of England and Wales or Northern
Ireland.
93
Meaning of “service court” and “service offence”
(1)
In this Act “service court” means the Court Martial, the Service Civilian Court
10
or the Court Martial Appeal Court.
(2)
Until the commencement of the relevant provisions of the Armed Forces Act
2006 (c. 52), the following is substituted for subsection (1)—
“(1)
In this Act “service court” means—
(a)
a court-martial constituted under the Army Act 1955
15
(3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or
the Naval Discipline Act 1957 (c. 53);
(b)
the Courts-Martial Appeal Court; or
(c)
a Standing Civilian Court.”.
(3)
In this Act “service offence” means an offence under—
20
(a)
section 42 of the Armed Forces Act 2006,
(b)
section 70 of the Army Act 1955 or the Air Force Act 1955, or
(c)
section 42 of the Naval Discipline Act 1957.
(4)
References in this Act to the “corresponding civil offence” in relation to a
service offence are—
25
(a)
in relation to an offence under section 42 of the Armed Forces Act 2006,
to the corresponding offence under the law of England and Wales
within the meaning of that section;
(b)
in relation to an offence under section 70 of the Army Act 1955 or the
Air Force Act 1955, to the corresponding civil offence within the
30
meaning of that Act;
(c)
in relation to an offence under section 42 of the Naval Discipline Act
1957, to the civil offence within the meaning of that section.
(5)
Section 48 of the Armed Forces Act 2006 (supplementary provisions relating to
ancillary service offences) applies for the purposes of subsection (4)(a) above
35
as it applies for the purposes of the provisions of that Act referred to in
subsection (3)(b) of that section.
Orders and regulations
94
Orders and regulations
(1)
Orders and regulations under this Act must be made by statutory instrument.
40
(2)
Orders or regulations under this Act may—
(a)
make different provision for different cases or circumstances,
(b)
include supplementary, incidental and consequential provision, and

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Part 7 — Supplementary provisions
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(c)
make transitional provision and savings.
(3)
Any provision that may be made by regulations under this Act may be made
by order; and any provision that may be made by order under this Act may be
made by regulations.
95
Orders and regulations: affirmative and negative resolution procedure
5
(1)
Where orders or regulations under this Act are subject to “affirmative
resolution procedure” the order or regulations must not be made unless a draft
of the statutory instrument containing them has been laid before Parliament
and approved by a resolution of each House of Parliament.
(2)
Where orders or regulations under this Act are subject to “negative resolution
10
procedure” the statutory instrument containing the order or regulations shall
be subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
Provision that may be made by order or regulations under this Act for which
no Parliamentary procedure is prescribed may be included in an instrument
15
subject to negative or affirmative resolution procedure.
(4)
Provision that may be made by order or regulations under this Act subject to
negative resolution procedure may be included in an instrument subject to
affirmative resolution procedure.
Financial provisions
20
96
Financial provisions
(1)
There shall be paid out of money provided by Parliament—
(a)
any expenses of the Secretary of State under this Act, and
(b)
any increase attributable to this Act in the sums payable out of money
so provided under any other Act.
25
(2)
There shall be paid into the Consolidated Fund—
(a)
any sums received by the Secretary of State under this Act, and
(b)
any increase attributable to this Act in the sums payable into that Fund
under any other Act.
Repeals and revocations
30
97
Repeals and revocations
The enactments specified in Schedule 8, which include enactments that are
spent, are repealed or revoked to the extent specified.
Final provisions
98
Commencement
35
(1)
The provisions of this Part, except section 97 and Schedule 8 (repeals and
revocations), come into force on the day this Act is passed.

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(2)
Part 5 (asset freezing proceedings) comes into force on the day after the day on
which this Act is passed.
(3)
Sections 83 to 88 (costs of policing at gas facilities) come into force at the end of
the period of two months beginning with the day on which this Act is passed.
(4)
Section 89 (appointment of special advocates in Northern Ireland) comes into
5
force in accordance with subsection (3) of that section.
(5)
The other provisions of this Act come into force on such day as may be
appointed by order of the Secretary of State.
(6)
The Secretary of State may by order make such transitional provision and
savings as appears necessary or expedient in connection with the
10
commencement of any provision of this Act.
99
Extent
(1)
Except as otherwise provided—
(a)
an amendment or repeal by this Act has the same extent as the
enactment amended or repealed; and
15
(b)
any other provisions of this Act—
(i)
extend to the whole of the United Kingdom, and
(ii)
do not extend to any country or territory outside the United
Kingdom.
(2)
Nothing in this section shall be read as restricting the application of any
20
provision of this Act in relation to service courts or service offences.
100
Short title
The short title of this Act is the Counter-Terrorism Act 2008.

65
Counter-Terrorism Bill
Schedule 1 — Disclosure and the intelligence services: consequential amendments

Schedules
Schedule 1
Section 20

Disclosure and the intelligence services: consequential amendments
Anti-terrorism, Crime and Security Act 2001 (c. 24)
1
In section 19(2) of the Anti-terrorism, Crime and Security Act 2001
5
(disclosure of information held by revenue departments), omit paragraph
(a).
Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
2     (1)
The Representation of the People (England and Wales) Regulations 2001 are
amended as follows.
10
      (2)
In regulation 45E (supply of record of anonymous entries to the security
services), omit paragraphs (3) and (4).
      (3)
In regulation 102(6) (supply of full register: general restrictions on use), for
“regulations 103 to 109” substitute “regulations 103 to 108 or 109”.
      (4)
After regulation 108 insert—
15
“108A
Supply of full register etc to the security services
(1)
This regulation applies to—
(a)
the Security Service;
(b)
the Government Communications Headquarters;
(c)
the Secret Intelligence Service.
20
(2)
For the purposes of regulation 102(1) above the relevant part of the
documents listed in that provision is the whole of them.”.
      (5)
In regulation 109 (supply of full register etc to police force and other
agencies and restrictions on use), omit—
(a)
paragraph (1)(g) to (i);
25
(b)
in paragraph (4)(a), the words preceding paragraph (i);
(c)
paragraph (4)(b) and the word “and” immediately preceding it.
      (6)
In regulation 113 (sale of full register to government departments and other
bodies)—
(a)
in the closing words of paragraph (1), after “other than” insert “a
30
department to which regulation 108A applies or”;
(b)
in paragraph (3) for “regulation 109(1)(g) to (i),” substitute
“regulation 108A”.
      (7)
In regulation 115(2) (offences) omit “45E(3),”.

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      (8)
For regulation 118(8) (provision of copies of documents open to public
inspection) substitute insert—
“(8)
The relevant registration officer shall, on request, supply free of
charge copies of any documents open to public inspection—
(a)
to each of the departments mentioned in regulation 108A;
5
(b)
to a person who has inspected those documents and who is
entitled to be supplied with a copy of the marked register or
lists by virtue of being a person to whom regulation 109
applies.”.
      (9)
In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”.
10
Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
3     (1)
The Representation of the People (Scotland) Regulations 2001 are amended
as follows.
      (2)
In regulation 45D (supply of record of anonymous entries to the security
services), omit paragraphs (3) and (4).
15
      (3)
In regulation 101(6) (supply of full register: general restrictions on use), for
“regulations 102 to 108” substitute “regulations 102 to 107 or 108”.
      (4)
After regulation 107 insert—
“107A
Supply of full register etc to the security services
(1)
This regulation applies to—
20
(a)
the Security Service;
(b)
the Government Communications Headquarters;
(c)
the Secret Intelligence Service.
(2)
For the purposes of regulation 101(1) above the relevant part of the
documents listed in that provision is the whole of them.”.
25
      (5)
In regulation 108 (supply of full register etc to police force and other
agencies and restrictions on use), omit—
(a)
paragraph (1)(g) to (i);
(b)
in paragraph (4)(a), the words preceding paragraph (i);
(c)
paragraph (4)(b) and the word “and” immediately preceding it.
30
      (6)
In regulation 112 (sale of full register to government departments and other
bodies)—
(a)
in the closing words of paragraph (1), after “other than” insert “a
department to which regulation 107A applies or”;
(b)
in paragraph (3) for “regulation 108(1)(g) to (i),” substitute
35
“regulation 107A”.
      (7)
In regulation 115(2) (offences) omit “45D(3),”.
      (8)
For regulation 118(8) (provision of copies of documents open to public
inspection) substitute—
“(8)
The relevant registration officer shall, on request, supply free of
40
charge copies of any documents open to public inspection—
(a)
to each of the departments mentioned in regulation 107A;

Counter-Terrorism Bill
Schedule 2 — Offences where terrorist connection to be considered
67

(b)
to a person who has inspected those documents and who is
entitled to be supplied with a copy of the marked register or
lists by virtue of being a person to whom regulation 108
applies.”.
      (9)
In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”.
5
Immigration, Asylum and Nationality Act 2006 (c. 13)
4
In the Immigration, Asylum and Nationality Act 2006, omit section 38
(disclosure of information for security purposes).
Statistics and Registration Service Act 2007 (c.18)
5
In the Statistics and Registration Service Act 2007, omit—
10
(a)
section 39(4)(g) (permitted disclosure of personal information:
disclosure to an Intelligence Service); and
(b)
in section 67 (general interpretation), the definition of “Intelligence
Service”.
Schedule 2
15
Sections 31, 32, 34, 36 and 43

Offences where terrorist connection to be considered
Common law offences

Murder.

Manslaughter.

Culpable homicide.
20

Kidnapping.

Abduction.
Statutory offences

An offence under any of the following sections of the Offences against the
Person Act 1861 (c. 100)—
25
(a)
section 4 (soliciting murder),
(b)
section 23 (maliciously administering poison etc so as to endanger
life or inflict grievous bodily harm),
(c)
section 28 (causing bodily injury by explosives),
(d)
section 29 (using explosives etc with intent to do grievous bodily
30
harm),
(e)
section 30 (placing explosives with intent to do bodily injury),
(f)
section 64 (making or having gunpowder etc with intent to commit
or enable any person to commit any felony mentioned in the Act).

An offence under any of the following sections of the Explosive Substances
35
Act 1883 (c. 3)—
(a)
section 2 (causing explosion likely to endanger life or property),

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Schedule 2 — Offences where terrorist connection to be considered
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(b)
section 3 (attempt to cause explosion or making or keeping explosive
with intent to endanger life or property),
(c)
section 4 (making or possession of explosive under suspicious
circumstances),
(d)
section 5 (punishment of accessories).
5

An offence under section 1 of the Biological Weapons Act 1974 (c. 6)
(restriction on development etc of certain biological agents and toxins and of
biological weapons).

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
(hostage-taking).
10

An offence under any of the following sections of the Aviation Security Act
1982 (c. 36)—
(a)
section 1 (hijacking),
(b)
section 2 (destroying, damaging or endangering safety of aircraft),
(c)
section 3 (other acts endangering or likely to endanger safety of
15
aircraft),
(d)
section 4 (offences in relation to certain dangerous articles).
(e)
section 6(2) (inducing or assisting commission of offence under
section 1, 2 or 3 outside the United Kingdom).

An offence under any of the following sections of the Nuclear Material
20
(Offences) Act 1983 (c. 18)—
(a)
section 1B (offences relating to damage to the environment),
(b)
section 1C (offences of importing or exporting etc nuclear materials:
extended jurisdiction),
(c)
section 2 (offences involving preparatory acts and threats), so far as
25
relating to an offence specified in this Schedule.

An offence under any of the following sections of the Aviation and Maritime
Security Act 1990 (c. 31)—
(a)
section 1 (endangering safety at aerodromes),
(b)
section 9 (hijacking of ships),
30
(c)
section 10 (seizing or exercising control of fixed platforms),
(d)
section 11 (destroying ships or fixed platforms or endangering their
safety),
(e)
section 14(4) (inducing or assisting the commission of an offence
outside the United Kingdom), so far as relating to an offence under
35
section 9 or 11 of that Act.

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I.
1994/570) (offences against the safety of channel tunnel trains and the tunnel
system).

An offence under any of the following sections of the Chemical Weapons Act
40
1996 (c. 6)—
(a)
section 2 (use etc of chemical weapons),
(b)
section 11 (premises or equipment for producing chemical weapons).

An offence under any of the following sections of the Anti-Terrorism, Crime
and Security Act 2001 (c. 24)—
45
(a)
section 47 (use etc of nuclear weapons),
(b)
section 114 (hoaxes involving noxious substances or things).