Diario de la 842ª Sesión plenaria del Foro de Cooperación en materia de Seguridad
Schedule 1 makes provision for the seizure and temporary retention of travel documents where a person is suspected of intending to leave Great Britain or the United Kingdom in connection with terrorism-related activity.
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services)—
in Part 1 (services), after paragraph 45 insert—;
in Part 3 (advocacy: exclusion and exceptions), after paragraph 22 insert—
In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) (civil legal services: excluded services), in paragraph 2(d) (proceedings in court of summary jurisdiction in relation to which funding for representation may be provided), after paragraph (xx) insert—.
A “temporary exclusion order” is an order which requires an individual not to return to the United Kingdom unless—
the return is in accordance with a permit to return issued by the Secretary of State before the individual began the return, or
the return is the result of the individual's deportation to the United Kingdom.
The Secretary of State may impose a temporary exclusion order on an individual if conditions A to E are met.
Condition A is that the Secretary of State reasonably suspects that the individual is, or has been, involved in terrorism-related activity outside the United Kingdom.
Condition B is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public in the United Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed on the individual.
Condition C is that the Secretary of State reasonably considers that the individual is outside the United Kingdom.
Condition D is that the individual has the right of abode in the United Kingdom.
Condition E is that—
the court gives the Secretary of State permission under section 3, or
the Secretary of State reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission.
During the period that a temporary exclusion order is in force, the Secretary of State must keep under review whether condition B is met.
This section applies if the Secretary of State—
makes the relevant decisions in relation to an individual, and
makes an application to the court for permission to impose a temporary exclusion order on the individual.
The function of the court on the application is to determine whether the relevant decisions of the Secretary of State are obviously flawed.
The court may consider the application—
in the absence of the individual,
without the individual having been notified of the application, and
without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
But that does not limit the matters about which rules of court may be made.
In determining the application, the court must apply the principles applicable on an application for judicial review.
In a case where the court determines that any of the relevant decisions of the Secretary of State is obviously flawed, the court may not give permission under this section.
In any other case, the court must give permission under this section.
Schedule 2 makes provision for references to the court etc where temporary exclusion orders are imposed in cases of urgency.
Only the Secretary of State may appeal against a determination of the court under— and such an appeal may only be made on a question of law.
this section, or
Schedule 2;
In this section “the relevant decisions” means the decisions that the following conditions are met—
condition A;
condition B;
condition C;
condition D.
The Secretary of State must give notice of the imposition of a temporary exclusion order to the individual on whom it is imposed (the “excluded individual”).
Notice of the imposition of a temporary exclusion order must include an explanation of the procedure for making an application under section 6 for a permit to return.
A temporary exclusion order—
comes into force when notice of its imposition is given; and
is in force for the period of two years (unless revoked or otherwise brought to an end earlier).
The Secretary of State may revoke a temporary exclusion order at any time.
The Secretary of State must give notice of the revocation of a temporary exclusion order to the excluded individual.
If a temporary exclusion order is revoked, it ceases to be in force when notice of its revocation is given.
The validity of a temporary exclusion order is not affected by the excluded individual—
returning to the United Kingdom, or
departing from the United Kingdom.
The imposition of a temporary exclusion order does not prevent a further temporary exclusion order from being imposed on the excluded individual (including in a case where an order ceases to be in force at the expiry of its two year duration).
At the time when a temporary exclusion order comes into force, any British passport held by the excluded individual is invalidated.
During the period when a temporary exclusion order is in force, the issue of a British passport to the excluded individual while he or she is outside the United Kingdom is not valid.
In this section “British passport” means a passport, or other document which enables or facilitates travel from one state to another (except a permit to return), that has been—
issued by or for Her Majesty's Government in the United Kingdom, and
issued in respect of a person's status as a British citizen.
A “permit to return” is a document giving an individual (who is subject to a temporary exclusion order) permission to return to the United Kingdom.
The permission may be made subject to a requirement that the individual comply with conditions specified in the permit to return.
The individual's failure to comply with a specified condition has the effect of invalidating the permit to return.
A permit to return must state—
the time at which, or period of time during which, the individual is permitted to arrive on return to the United Kingdom;
the manner in which the individual is permitted to return to the United Kingdom; and
the place where the individual is permitted to arrive on return to the United Kingdom.
Provision made under subsection (4)(a) or (c) may, in particular, be framed by reference to the arrival in the United Kingdom of a specific flight, sailing or other transport service.
Provision made under subsection (4)(b) may, in particular, state— which the individual is permitted to use to return to the United Kingdom.
a route,
a method of transport,
an airline, shipping line or other passenger carrier, or
a flight, sailing or other transport service,
The Secretary of State may not issue a permit to return except in accordance with section 6 or 7.
It is for the Secretary of State to decide the terms of a permit to return (but this is subject to section 6(3)).
If an individual applies to the Secretary of State for a permit to return, the Secretary of State must issue a permit within a reasonable period after the application is made.
But the Secretary of State may refuse to issue the permit if—
the Secretary of State requires the individual to attend an interview with a constable or immigration officer at a time and a place specified by the Secretary of State, and
the individual fails to attend the interview.
Where a permit to return is issued under this section, the relevant return time must fall within a reasonable period after the application is made.
An application is not valid unless it is made in accordance with the procedure for applications specified by the Secretary of State.
In this section—
an application under section 3,
a reference under Schedule 2,
Omit section 19 of the Immigration and Asylum Act 1999.
In Schedule 7 to the Terrorism Act 2000 (port and border controls), in paragraph 17 (provision of passenger information), in sub-paragraph (6), for “or 27B” substitute “ , 27B or 27BA ”.
Part 3 of the Aviation and Maritime Security Act 1990 (protection of ships and harbour areas against acts of violence) is amended as follows. In section 19 (power of Secretary of State to require information)— In section 21 (power to impose restrictions in relation to ships), in subsection (1)— In section 26 (limitations on scope of directions under sections 21 to 24), in subsection (5), for paragraph (a) (including the word “and” at the end) substitute—. In section 45 (service of documents)—
“relevant return time” means—
The governor of a prison in England and Wales (or, in the case of a contracted out prison, its director). The governor of a young offender institution or secure training centre (or, in the case of a contracted out young offender institution or secure training centre, its director). The principal of a secure college. A youth offending team established under section 39 of the Crime and Disorder Act 1998. A provider of probation services within the meaning given by section 3(6) of the Offender Management Act 2007.
The Secretary of State must issue a code of practice with regard to the exercise of functions under this Schedule. The code of practice must in particular deal with the following matters— A constable, immigration officer or customs official must perform functions conferred on him or her by virtue of this Schedule in accordance with any relevant provision included in the code by virtue of sub-paragraph (2)(c) to (e). The failure by a constable, immigration officer or customs official to observe any such provision does not of itself make him or her liable to criminal or civil proceedings. The code of practice—
Nothing in this Schedule is to be read as restricting—
the power to make rules of court or the matters to be taken into account when doing so, or
the application of sections 6 to 14 of the Justice and Security Act 2013 (closed material proceedings).
The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by this Schedule in relation to proceedings in England and Wales or in Northern Ireland, the rules may be made by the Lord Chancellor instead of by the person who would otherwise make them. Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult— But the Lord Chancellor is not required to undertake any other consultation before making the rules. A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act. Rules of court made by the Lord Chancellor under sub-paragraph (1)— In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. If rules cease to have effect in accordance with sub-paragraph (5)— The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph— Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.
Before issuing the code of practice the Secretary of State must— The Secretary of State must lay a draft of the code before Parliament. Anything done before the day on which this Act is passed is as valid as if done on or after that day for the purposes of sub-paragraphs (1) and (2). Once the code has been laid in draft before Parliament the Secretary of State may bring it into operation by regulations made by statutory instrument. The first regulations under sub-paragraph (4) cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the regulations, unless a resolution approving the regulations is passed by each House of Parliament during that period. A statutory instrument containing any subsequent regulations under sub-paragraph (4) may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House. If regulations cease to have effect under sub-paragraph (5)— For the purposes of sub-paragraph (5), the period of 40 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.
The Secretary of State may revise the code of practice and issue the revised code. Paragraph 19 has effect in relation to the issue of a revised code as it has effect in relation to the first issue of the code.
“TEO proceedings” means proceedings on—
“identified individual” has the meaning given in section 36(2);
a district council in England, other than a council for a district in a county for which there is a county council;
in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland;
“support plan” means a plan prepared by a panel in carrying out its functions mentioned in section 36(4)(a) or (f);
The Secretary of State must issue a permit to return to an individual if the Secretary of State considers that the individual is to be deported to the United Kingdom.
The Secretary of State may issue a permit to return to an individual if—
the Secretary of State considers that, because of the urgency of the situation, it is expedient to issue a permit to return even though no application has been made under section 6, and
there is no duty to issue a permit to return under subsection (1).
Subsection (1) or (2) applies whether or not any request has been made to issue the permit to return under that provision.
The Secretary of State may vary a permit to return.
The Secretary of State may revoke a permit to return issued to an individual only if—
the permit to return has been issued under section 6 and the individual asks the Secretary of State to revoke it;
the permit to return has been issued under section 7(1) and the Secretary of State no longer considers that the individual is to be deported to the United Kingdom;
the permit to return has been issued under section 7(2) and the Secretary of State no longer considers that, because of the urgency of the situation, the issue of the permit to return is expedient;
the Secretary of State issues a subsequent permit to return to the individual; or
the Secretary of State considers that the permit to return has been obtained by misrepresentation.
The making of an application for a permit to return to be issued under section 6 (whether or not resulting in a permit to return being issued) does not prevent a subsequent application from being made.
The issuing of a permit to return (whether or not resulting in the individual's return to the United Kingdom) does not prevent a subsequent permit to return from being issued (whether or not the earlier permit is still in force).
The Secretary of State may, by notice, impose any or all of the permitted obligations on an individual who—
is subject to a temporary exclusion order, and
has returned to the United Kingdom.
The “permitted obligations” are—
any obligation of a kind that may be imposed (on an individual subject to a TPIM notice) under these provisions of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011—
paragraph 10 (reporting to police station);
paragraph 10A (attendance at appointments etc);
an obligation to notify the police, in such manner as a notice under this section may require, of—
the individual's place (or places) of residence, and
any change in the individual's place (or places) of residence.
A notice under this section—
comes into force when given to the individual; and
is in force until the temporary exclusion order ends (unless the notice is revoked or otherwise brought to an end earlier).
The Secretary of State may, by notice, vary or revoke any notice given under this section.
The variation or revocation of a notice under this section takes effect when the notice of variation or revocation is given to the individual.
The validity of a notice under this section is not affected by the individual—
departing from the United Kingdom, or
returning to the United Kingdom.
The giving of any notice to an individual under this section does not prevent any further notice under this section from being given to that individual.
An individual subject to a temporary exclusion order is guilty of an offence if, without reasonable excuse, the individual returns to the United Kingdom in contravention of the restriction on return specified in the order.
It is irrelevant for the purposes of subsection (1) whether or not the individual has a passport or other similar identity document.
An individual subject to an obligation imposed under section 9 is guilty of an offence if, without reasonable excuse, the individual does not comply with the obligation.
In a case where a relevant notice has not actually been given to an individual, the fact that the relevant notice is deemed to have been given to the individual under regulations under section 13 does not (of itself) prevent the individual from showing that lack of knowledge of the temporary exclusion order, or of the obligation imposed under section 9, was a reasonable excuse for the purposes of this section.
An individual guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.
Where an individual is convicted by or before a court of an offence under this section, it is not open to that court to make in respect of the offence—
an order under section 80 of the Sentencing Code (conditional discharge);
an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community pay-back orders); or
an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).
In this section—
the start of the period of time during which the individual is permitted to arrive on return to the United Kingdom (in a case where the permit to return states such a period).
notice under section 9 imposing an obligation;
In section 2 of the UK Borders Act 2007 (detention at ports), in subsection (1A), for “the individual is subject to a warrant for arrest” substitutethe individual—
This section applies where an individual who is subject to a temporary exclusion order is in the United Kingdom.
The individual may apply to the court to review any of the following decisions of the Secretary of State—
a decision that any of the following conditions was met in relation to the imposition of the temporary exclusion order—
condition A;
condition B;
condition C;
condition D;
a decision to impose the temporary exclusion order;
a decision that condition B continues to be met;
a decision to impose any of the permitted obligations on the individual by a notice under section 9.
On a review under this section, the court must apply the principles applicable on an application for judicial review.
On a review of a decision within subsection (2)(a) to (c), the court has the following powers (and only those powers)—
power to quash the temporary exclusion order;
power to give directions to the Secretary of State for, or in relation to, the revocation of the temporary exclusion order.
If the court does not exercise either of its powers under subsection (4), the court must decide that the temporary exclusion order is to continue in force.
On a review of a decision within subsection (2)(d), the court has the following powers (and only those powers)—
power to quash the permitted obligation in question;
if that is the only permitted obligation imposed by the notice under section 9, power to quash the notice;
power to give directions to the Secretary of State for, or in relation to—
the variation of the notice so far as it relates to that permitted obligation, or
if that is the only permitted obligation imposed by the notice, the revocation of the notice.
If the court does not exercise any of its powers under subsection (6), the court must decide that the notice under section 9 is to continue in force.
If the court exercises a power under subsection (6)(a) or (c)(i), the court must decide that the notice under section 9 is to continue in force subject to that exercise of that power.
The power under this section to quash a temporary exclusion order, permitted obligation or notice under section 9 includes—
in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or
in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.
An appeal against a determination of the court on a review under this section may only be made on a question of law.
For the purposes of this section, a failure by the Secretary of State to make a decision whether condition B continues to be met is to be treated as a decision that it continues to be met.
Schedule 3 makes provision about proceedings relating to temporary exclusion orders.
Schedule 4 makes provision about appeals against convictions in cases where a temporary exclusion order, a notice under section 9 or a permitted obligation is quashed.
The Secretary of State may by regulations make provision about the giving of—
notice under section 4, and
notice under section 9.
The regulations may, in particular, make provision about cases in which notice is to be deemed to have been given.
The Secretary of State may make regulations providing for legislation relating to passports or other identity documents (whenever passed or made) to apply (with or without modifications) to permits to return.
The power to make regulations under this section—
is exercisable by statutory instrument;
includes power to make transitional, transitory or saving provision.
A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
This section applies for the purposes of this Chapter.
These expressions have the meanings given— “act” and “conduct” include omissions and statements; “act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act); “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 2; “court” means— in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session; in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland; in any other case, the High Court in England and Wales; “permit to return” has the meaning given in section 5; “temporary exclusion order” has the meaning given in section 2; “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act).
“rules of court” means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session;
Where— this Schedule has effect with the following modifications. References to 14 days (in paragraph 5(2) and elsewhere) are to be read as references to 5 days. Paragraph 8 has effect as if the following were substituted for sub-paragraph (4)—
“restriction on return” means the requirement specified in a temporary exclusion order in accordance with section 2(1).
Where— the officer or official may retain the document until the constable tells him or her whether or not the constable wishes to give such a direction. A request under sub-paragraph (1) must be considered as soon as possible.
This paragraph applies where— A police officer who is— must carry out a review of whether the decision to give authorisation was flawed. The reviewing officer must— The relevant chief constable must consider those findings and take whatever action seems appropriate. If a power under paragraph 2 was exercised in relation to the travel document by an immigration officer or customs official designated under paragraph 17, the reviewing officer must also communicate the findings of the review in writing to the Secretary of State. In this paragraph—
Immediately after giving notice of the imposition of the temporary exclusion order, the Secretary of State must refer to the court the imposition of the order on the individual. The function of the court on the reference is to consider whether the urgent case decisions were obviously flawed. The court's consideration of the reference must begin within the period of 7 days beginning with the day on which notice of the imposition of the temporary exclusion order is given to the individual. The court may consider the reference— But that does not limit the matters about which rules of court may be made.
References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 2(7)(b) (urgency of the case requires a temporary exclusion order to be imposed without obtaining the permission of the court). In this Schedule “the urgent case decisions” means the relevant decisions and the decision that the urgency condition is met. In this Schedule “the relevant decisions” means the decisions that the following conditions are met—
a review under section 11, or
an application made by virtue of paragraph 6 of this Schedule (application for order requiring anonymity).
An individual is—
subject to a temporary exclusion order if a temporary exclusion order is in force in relation to the individual; and
subject to an obligation imposed under section 9 if an obligation is imposed on the individual by a notice in force under that section.
Involvement in terrorism-related activity is any one or more of the following— It is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general.
the commission, preparation or instigation of acts of terrorism;
conduct that facilitates the commission, preparation or instigation of such acts, or is intended to do so;
conduct that gives encouragement to the commission, preparation or instigation of such acts, or is intended to do so;
conduct that gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a).
It is immaterial whether an individual's involvement in terrorism-related activity occurs before or after the coming into force of section 2.
References to an individual's return to the United Kingdom include, in the case of an individual who has never been in the United Kingdom, a reference to the individual's coming to the United Kingdom for the first time.
References to deportation include references to any other kind of expulsion.
In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen's Bench Division), after paragraph (bd) insert—.
In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriages of justice)—
omit “or” at the end of paragraph (e);
after paragraph (f) insertor
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1), after paragraph (dd) insert—;
in subsection (2), after paragraph (zc) insert—.
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (terrorism prevention and investigation measures), paragraph 1 (overnight residence measure) is amended as follows.
For sub-paragraph (3)(b) substitute—
After sub-paragraph (3) insert—
Omit sub-paragraph (4).
After sub-paragraph (5) insert—
The Terrorism Prevention and Investigation Measures Act 2011 is amended as follows.
In section 2 (imposition of terrorism prevention and investigation measures), after subsection (3) insert—
In section 23 (offence), after subsection (1) insert—
After subsection (3) of that section insert—
The specified area must be—
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, after paragraph 6 insert—
In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, after paragraph 10 insert—
In section 3 of the Terrorism Prevention and Investigation Measures Act 2011 (conditions A to E), in subsection (1), for “reasonably believes” substitute “ is satisfied, on the balance of probabilities, ”.
In section 4 of that Act (involvement in terrorism-related activity), in subsection (1)(d), for “paragraphs (a) to (c)” substitute “ paragraph (a) ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2(1) of the Data Retention and Investigatory Powers Act 2014 (temporary provision about the retention of relevant communications data subject to safeguards: definitions) is amended as follows.
In the definition of “relevant communications data”—
for “means communications data” substitute means—;
after “Regulations” insert , or;
the words from “so far as” to the end of the definition become full-out words beneath the new paragraphs (a) and (b).
After the definition of “relevant communications data” insert—.
In addition—
before the definition of “communications data” insert—;
after the definition of “functions” insert—;
after the definition of “notice” insert—.
Subsections (1) to (4) are repealed on 31 December 2016.
The Secretary of State may make one or more schemes requiring a person (a “carrier”) to seek authority from the Secretary of State to carry persons on aircraft, ships or trains which are— A scheme made under this section is called an “authority-to-carry scheme”.
arriving, or expected to arrive, in the United Kingdom, or
leaving, or expected to leave, the United Kingdom.
An authority-to-carry scheme must specify or describe—
the classes of carrier to which it applies (which may be all carriers or may be defined by reference to the method of transport or otherwise),
the classes of passengers or crew in respect of whom authority to carry must be sought (which may be all of them or may be defined by reference to nationality, the possession of specified documents or otherwise), and
the classes of passengers or crew in respect of whom authority to carry may be refused.
An authority-to-carry scheme may specify or describe a class of person under subsection (2)(c) only if it is necessary in the public interest.
The Secretary of State may make different authority-to-carry schemes for different purposes and in particular may make different schemes for different types of carrier, journey or person.
An authority-to-carry scheme must set out the process for carriers to request, and for the Secretary of State to grant or refuse, authority to carry, which may include—
a requirement for carriers to provide specified information on passengers or crew by a specified time before travel;
a requirement for carriers to provide the information in a specified manner and form;
a requirement for carriers to be able to receive, in a specified manner and form, communications from the Secretary of State relating to the information provided or granting or refusing authority to carry.
Information specified under subsection (5)(a) may be information that can be required to be supplied under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971, section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 or otherwise.
The grant or refusal of authority under an authority-to-carry scheme does not determine whether a person is entitled or permitted to enter the United Kingdom.
So far as it applies in relation to Scotland, an authority-to-carry scheme may be made only for purposes that are, or relate to, reserved matters (within the meaning of the Scotland Act 1998).
So far as it applies in relation to Northern Ireland, an authority-to-carry scheme may be made only for purposes that are, or relate to, excepted or reserved matters (within the meaning of the Northern Ireland Act 1998).
In the Nationality, Immigration and Asylum Act 2002 omit section 124 (authority to carry).
An authority-to-carry scheme comes into force in accordance with regulations made by the Secretary of State by statutory instrument.
The Secretary of State must not make regulations bringing a scheme into force unless—
a draft of the regulations and the scheme to which they relate have been laid before Parliament, and
the draft regulations have been approved by a resolution of each House.
If the Secretary of State revises an authority-to-carry scheme, the revised scheme comes into force in accordance with regulations made by the Secretary of State by statutory instrument.
The Secretary of State must not make regulations bringing a revised scheme into force unless—
a draft of the regulations and the revised scheme to which they relate have been laid before Parliament, and
the draft regulations have been approved by a resolution of each House.
Regulations under this section may include transitional or saving provision.
The Secretary of State may make regulations imposing penalties for breaching the requirements of an authority-to-carry scheme.
Regulations under subsection (1) must identify the authority-to-carry scheme to which they refer.
Regulations under subsection (1) may in particular make provision— and the regulations may make different provision for different purposes.
about how a penalty is to be calculated;
about the procedure for imposing a penalty;
about the enforcement of penalties;
allowing for an appeal against a decision to impose a penalty;
Provision in the regulations about the procedure for imposing a penalty must provide for a carrier to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations.
The regulations must provide that no penalty may be imposed on a carrier for breaching the requirements of an authority-to-carry scheme where—
the breach consists of a failure to provide information that the carrier has also been required to provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971 and—
a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under paragraph 27BB of Schedule 2 to that Act, or
proceedings have been instituted against the carrier under section 27 of that Act in respect of a failure to provide that information, or
the breach consists of a failure to provide information that the carrier has also been required to provide under section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 and—
a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 32B of that Act, or
proceedings have been instituted against the carrier under section 34 of that Act in respect of a failure to provide that information.
Any penalty paid by virtue of this section must be paid into the Consolidated Fund.
Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
Schedule 5 makes amendments to do with aviation, maritime and rail security.
Part 1 of that Schedule makes amendments about passenger, crew and service information in relation to aircraft and ships.
Part 2 of that Schedule makes amendments of the provisions relating to directions etc in—
the Aviation Security Act 1982,
the Aviation and Maritime Security Act 1990, and
the Channel Tunnel (Security) Order 1994 (S.I. 1994/570).
A specified authority must, in the exercise of its functions, have due regard to the need to prevent people from being drawn into terrorism.
A specified authority is a person or body that is listed in Schedule 6.
In the case of a specified authority listed in Schedule 6 in terms that refer to the exercise of particular functions or to a particular capacity that it has, the reference in subsection (1) to the authority's functions is to those functions or its functions when acting in that capacity.
Subsection (1) does not apply to the exercise of—
a judicial function;
a function exercised on behalf of, or on the instructions of, a person exercising a judicial function;
a function in connection with proceedings in the House of Commons or the House of Lords;
a function in connection with proceedings in the Scottish Parliament;
a function in connection with proceedings in the National Assembly for Wales.
References to a judicial function include a reference to a judicial function conferred on a person other than a court or tribunal.
The Secretary of State may by regulations made by statutory instrument amend Schedule 6.
The power under subsection (1) may not be exercised so as to extend the application of section 26(1) to—
the exercise of a function referred to in section 26(4);
the House of Commons;
the House of Lords;
the Scottish Parliament;
the National Assembly for Wales or the Assembly Commission within the meaning of the Government of Wales Act 2006;
the General Synod of the Church of England;
the Security Service;
the Secret Intelligence Service;
the Government Communications Headquarters;
any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities.
Regulations under this section may amend this Chapter so as to make consequential or supplemental provision.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
Subsection (4) does not apply to a statutory instrument containing regulations that only make provision for—
the omission of an entry where the authority concerned has ceased to exist, or
the variation of an entry in consequence of a change of name or transfer of functions.
A statutory instrument that falls within subsection (5) is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State must consult the Welsh Ministers before making regulations under section 27(1) that—
add a Welsh authority to Schedule 6, or
amend or remove an entry that relates to a Welsh authority.
The Secretary of State must consult the Scottish Ministers before making regulations under section 27(1) that—
add a Scottish authority to Schedule 6, or
amend or remove an entry that relates to a Scottish authority.
The Secretary of State may issue guidance to specified authorities about the exercise of their duty under section 26(1).
A specified authority must have regard to any such guidance in carrying out that duty.
The Secretary of State—
may issue separate guidance in relation to different matters;
may issue guidance to all specified authorities, to particular specified authorities or to specified authorities of a particular description.
Before issuing guidance under subsection (1) the Secretary of State must (whether before or after this Act is passed) consult—
the Welsh Ministers so far as the guidance relates to the devolved Welsh functions of a devolved Welsh authority;
the Scottish Ministers so far as the guidance relates to the devolved Scottish functions of a Scottish authority;
any person whom the Secretary of State considers appropriate.
Guidance issued under subsection (1) takes effect on whatever day the Secretary of State appoints by regulations made by statutory instrument. A statutory instrument containing regulations under this subsection may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
The Secretary of State may from time to time revise any guidance issued under this section.
Subsections (2), (3) and (5) have effect in relation to any revised guidance.
Subsection (4) has effect in relation to any revised guidance unless the Secretary of State considers that the proposed revisions to the guidance are insubstantial.
The Secretary of State must publish the current version of any guidance issued under this section.
Where the Secretary of State is satisfied that a specified authority has failed to discharge the duty imposed on it by section 26(1), the Secretary of State may give directions to the authority for the purpose of enforcing the performance of that duty.
A direction given under this section may be enforced—
in England and Wales, on an application made on behalf of the Secretary of State, by a mandatory order,
in Scotland, on an application made on behalf of the Secretary of State to the Court of Session, by an order of specific implement.
The Secretary of State must consult the Welsh Ministers before giving directions under subsection (1) so far as relating to the devolved Welsh functions of a devolved Welsh authority.
The Secretary of State must consult the Scottish Ministers before giving directions under subsection (1) so far as relating to the devolved Scottish functions of a Scottish authority.
This section applies to a specified authority if it is the proprietor or governing body of—
an institution that provides further education (within the meaning given by section 2(3) of the Education Act 1996), ...
an institution that provides courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses) , ...
a constituent college, school or hall or other institution in England or Wales of an institution within paragraph (b), or
a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005
When carrying out the duty imposed by section 26(1), a specified authority to which this section applies—
must have particular regard to the duty—
to take steps to secure freedom of speech imposed by section 43(1) of the Education (No. 2) Act 1986, if it is subject to that duty;
to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, if it is subject to that duty;
must have particular regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an institution mentioned in subsection (1)(c);
must have particular regard to the importance of academic freedom, if it is the proprietor or governing body of a qualifying institution.
When issuing guidance under section 29 to specified authorities to which this section applies, the Secretary of State—
must have particular regard to the duty—
to take steps to secure freedom of speech imposed by section 43(1) of the Education (No. 2) Act 1986, in the case of authorities that are subject to that duty;
to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, in the case of authorities that are subject to that duty;
must have particular regard to the need to ensure freedom of speech, in the case of authorities that are proprietors or governing bodies of institutions mentioned in subsection (1)(c);
must have particular regard to the importance of academic freedom, in the case of authorities that are proprietors or governing bodies of qualifying institutions.
When considering whether to give directions under section 30 to a specified authority to which this section applies, the Secretary of State—
must have particular regard to the duty—
to take steps to secure freedom of speech imposed by section 43(1) of the Education (No. 2) Act 1986, in the case of an authority that is subject to that duty;
to take steps to secure freedom of speech imposed by section A1(1) of the Higher Education and Research Act 2017, in the case of an authority that is subject to that duty;
must have particular regard to the need to ensure freedom of speech, in the case of an authority that is the proprietor or governing body of an institution mentioned in subsection (1)(c);
must have particular regard to the importance of academic freedom, in the case of an authority that is the proprietor or governing body of a qualifying institution.
In this section—
“the relevant court” means—
Part 3 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (protection of Channel Tunnel trains and the tunnel system against acts of violence) is amended as follows. In article 11 (powers of Secretary of State to require information)— In article 13 (power to impose restrictions in relation to Channel Tunnel trains), in paragraph (1)(b), for “unless such searches of the train” substitute “in or into the United Kingdom unless such searches (of persons or property or of the train itself)”. In article 36 (service of documents)—
The Aviation Security Act 1982 is amended as follows. In section 11 (power to require information)— In section 12 (power to impose restrictions in relation to aircraft), in subsection (1)(b), for “fly unless such searches of the aircraft” substitute “fly in or into the United Kingdom unless such searches (of persons or property or of the aircraft itself)”. In section 16 (limitations on scope of directions under sections 12 to 14), in subsection (5), for paragraph (a) (including the word “and” at the end) substitute—. In section 24 (service of documents)— In section 38(1) (interpretation), in paragraph (b) of the definition of “aircraft registered or operating in the United Kingdom”, for the words from “flights” to “aerodromes” substitute “a flight any part of which is”.
In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful interception without an interception warrant), after subsection (3A) insert—
In consequence of the amendments made by paragraph 9(2), in Schedule 1 to the Aviation and Maritime Security Act 1990 (amendments of the Aviation Security Act 1982) omit paragraph 2(3) and (5).
The amendments made by paragraph 13 do not affect the power to make further subordinate legislation amending or revoking the amended provisions.
“relevant notice” means—
is subject to the duty imposed by section 26(1), and
“appeal proceedings” means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to TEO proceedings;
A person who is required under paragraph 2(5)(a) to hand over all travel documents in the person's possession commits an offence if he or she fails without reasonable excuse to do so. A person who intentionally obstructs, or seeks to frustrate, a search under paragraph 2 commits an offence. A person guilty of an offence under this paragraph is liable on summary conviction— or to both.
This paragraph applies in the case of a person at a port in Great Britain if a constable has reasonable grounds to suspect that the person— This paragraph applies in the case of a person at a port in Northern Ireland, or in the border area, if a constable has reasonable grounds to suspect that the person— The constable may— A qualified officer must (if able to do so) comply with any direction given by a constable under sub-paragraph (3)(b). The powers are— The power in sub-paragraph (5)(b) is a power to search— A constable or qualified officer— A constable or qualified officer exercising a power in sub-paragraph (5)(a) or (b) must tell the person that— Where a travel document relating to the person is in the possession of an immigration officer or customs official (whether a qualified officer or not), the constable may direct the officer or official— The officer or official must comply with any such direction.
Where authorisation is given under paragraph 4 for a travel document relating to a person to be retained, it may continue to be retained— But a travel document may not be retained under this Schedule after the end of the period of 14 days beginning with the day after the document was taken (“the 14-day period”), unless that period is extended under paragraph 8 or 11(3). The travel document must be returned to the person as soon as possible— This is subject to paragraph 7 and to any power or provision not in this Schedule under which the document may be lawfully retained or otherwise dealt with. The constable to whom a travel document is passed under paragraph 2(9) or 4(5)(a), or who is in possession of it when authorisation is given under paragraph 4, must explain to the person the effect of sub-paragraphs (1) to (3). The constable must also tell the person, if he or she has not been told already under paragraph 2(8) or 4(3) or (4), that the person is suspected of intending to leave Great Britain or (as the case may be) the United Kingdom for the purpose of involvement in terrorism-related activity outside the United Kingdom.
A senior police officer may apply to a judicial authority for an extension of the 14-day period. An application must be made before the end of the 14-day period. An application may be heard only if reasonable efforts have been made to give to the person to whom the application relates a notice stating— On an application— In sub-paragraph (4) “the relevant persons” means— An extension must be for a further period ending no later than the end of the 30-day period. “The 30-day period” means the period of 30 days beginning with the day after the document in question was taken.
A qualified officer exercising a power under paragraph 2 has the same powers of arrest without warrant as a constable in relation to an offence under paragraph 15.
The person to whom an application under paragraph 8 relates— A judicial authority must adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where the person— A judicial authority may exclude any of the following persons from any part of the hearing—
A person who has made an application under paragraph 8 may apply to the judicial authority for an order that specified information upon which he or she intends to rely be withheld from— A judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information was disclosed— The judicial authority must direct that the following be excluded from the hearing of an application under this paragraph—
A judicial authority may adjourn the hearing of an application under paragraph 8 only if the hearing is adjourned to a date before the expiry of the 14-day period. Sub-paragraph (1) does not apply to an adjournment under paragraph 9(2). If an application is adjourned under paragraph 9(2) to a date after the expiry of the 14-day period, the judicial authority must extend the period until that date.
If an extension is granted under paragraph 8 for a period ending before the end of the 30-day period, one further application may be made under that paragraph. Paragraphs 8 to 11 apply to a further application as if references to the 14-day period were references to that period as previously extended.
In this section—
The following definitions have effect for the purposes of this Schedule. “Immigration officer” means a person who is appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971. “Customs official” means a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act. “Qualified officer” means an immigration officer or customs official who is designated by the Secretary of State for the purposes of this Schedule. “Senior police officer” means a police officer of at least the rank of superintendent. “Travel document” means anything that is or appears to be— “Passport” means— “Port” means— A place is “in the border area” if it is in Northern Ireland and is no more than one mile from the border between Northern Ireland and the Republic of Ireland. “Involvement in terrorism-related activity” is any one or more of the following— It is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general. “Terrorism” and “terrorist” have the same meaning as in the Terrorism Act 2000 (see sections 1(1) to (4) and 40 of that Act). “Judicial authority” means— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his or her functions under sub-paragraph (12)(a)(ii). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his or her functions under sub-paragraph (12)(c)(ii)— “The 14-day period” and “the 30-day period” have the meanings given by paragraphs 5(2) and 8(7) respectively.
This paragraph applies where a person's travel documents are retained under this Schedule with the result that, for the period during which they are so retained (“the relevant period”), the person is unable to leave the United Kingdom. The Secretary of State may make whatever arrangements he or she thinks appropriate in relation to the person— If at any time during the relevant period the person does not have leave to enter or remain in the United Kingdom, the person's presence in the United Kingdom at that time is nevertheless not unlawful for the purposes of the Immigration Act 1971.
Where a travel document is in the possession of a constable or qualified officer as a result of the exercise of a power under paragraph 2, the relevant constable must as soon as possible either— “The relevant constable” means the constable by whom, or on whose direction, the power was exercised. The document may be retained while an application for authorisation is considered. A constable or qualified officer retaining a travel document under sub-paragraph (2) must tell the person to whom the document relates that— This does not apply if the constable or qualified officer expects the application for authorisation to be dealt with immediately, or if sub-paragraph (4) has been complied with. An immigration officer or customs official to whom a direction is given under paragraph 2(9) must tell the person to whom the travel document in question relates that— This does not apply if the immigration officer or customs official expects the application for authorisation to be dealt with immediately. If an application for authorisation is granted— If an application for authorisation is refused, the travel document must be returned to the person as soon as possible. A senior police officer may grant an application for authorisation only if satisfied that there are reasonable grounds for the suspicion referred to in paragraph 2(1) or (2). An authorisation need not be in writing. Sub-paragraphs (1)(b) and (6) are subject to paragraph 7 and to any power or provision not in this Schedule under which the document may be lawfully retained or otherwise dealt with.
A requirement under paragraph 4 or 5 to return a travel document in the possession of a constable or qualified officer does not apply while the constable or officer has power to detain it under sub-paragraph (2). The constable or qualified officer may detain the document—
Part 2 of the Aviation Security Act 1982 (protection of aircraft etc against acts of violence) is amended as follows. After section 22 insert— In section 11 (power to require information), after subsection (5) insert— In section 12 (power to impose restrictions in relation to aircraft), after subsection (9) insert— In section 13 (power to require aerodrome managers to promote searches at aerodromes), after subsection (4) insert— In section 13A (power to require other persons to promote searches), after subsection (3) insert— In section 14 (general power to direct measures for purposes of protecting aircraft etc against acts of violence), after subsection (7) insert—
“TEO proceedings” means proceedings on—
The appropriate law officer may appoint a person to represent the interests of a party in any TEO proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded. A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as a “special advocate”. The “appropriate law officer” is— A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent. A person may be appointed as a special advocate only if—
An appeal under this Schedule is to be made—
in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal;
in the case of a conviction on indictment ... in Scotland, to the High Court of Justiciary;
in the case of a summary conviction in England and Wales, to the Crown Court; ...
in the case of a summary conviction in Scotland, to the Sheriff Appeal Court; or
in the case of a summary conviction in Northern Ireland, to the county court.
In section 104 of the Postal Services Act 2000 (inviolability of mails) subsection (3) is amended as follows. Omit the word “or” at the end of paragraph (c). At the end insert , or
A relevant further education body or relevant higher education body must give to the monitoring authority any information that the monitoring authority may require for the purposes of monitoring that body's performance in discharging the duty imposed by section 26(1).
The information that the monitoring authority may require under subsection (2) includes information which specifies the steps that will be taken by the body in question to ensure that it discharges the duty imposed by section 26(1).
The “monitoring authority” for a relevant further education body or a relevant higher education body is— The Secretary of State must consult the Welsh Ministers before delegating the function under subsection (2) in relation to institutions in Wales.
the Secretary of State, or
a person to whom the Secretary of State delegates the function under subsection (2) in relation to that body.
A delegation under subsection (4)(b) must be made by giving notice in writing to the person to whom the delegation is made if—
that person is Her Majesty's Chief Inspector of Education, Children's Services and Skills or Her Majesty's Chief Inspector of Education and Training in Wales, and the function is delegated in relation to relevant further education bodies;
that person is the Office for Students or the Commission for Tertiary Education and Research, and the function is delegated in relation to relevant higher education bodies.
Otherwise, a delegation under subsection (4)(b) must be made by regulations.
The Secretary of State must publish any notice given under subsection (5).
Regulations under subsection (6) are to be made by statutory instrument; and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“institution in England” means an institution whose activities are carried on, or principally carried on, in England, and includes the Open University;
“institution in Wales” means an institution whose activities are carried on, or principally carried on, in Wales.
Where the Secretary of State is satisfied that a relevant further education body or a relevant higher education body has failed to comply with a requirement under section 32(2), the Secretary of State may give directions to the body for the purpose of enforcing compliance.
A direction under this section may be enforced, on an application made on behalf of the Secretary of State, by a mandatory order.
The Secretary of State must consult the Welsh Ministers before giving directions under subsection (1) in relation to institutions in Wales.
In this section “relevant further education body”, “relevant higher education body” and “institution in Wales” have the same meaning as in section 32.
A failure in respect of a performance of a duty imposed by or under this Chapter does not confer a cause of action at private law.
This section applies for the purposes of this Chapter.
“Function” does not include a function so far as it is exercised outside Great Britain.
“Terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act).
“Devolved Welsh authority” has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
is exercisable in or as regards Wales, and
is a devolved Welsh function.
A function is a “devolved Welsh function” if—
it relates to a matter in respect of which functions are exercisable by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
provision conferring the function would be within the legislative competence of the National Assembly for Wales.
“Scottish authority” means a person or body that has any devolved Scottish function.
A function is a “devolved Scottish function” if—
it is exercisable in or as regards Scotland, and
it does not relate to reserved matters (within the meaning of the Scotland Act 1998).
Each local authority must ensure that a panel of persons is in place for its area—
with the function of assessing the extent to which identified individuals are vulnerable to being drawn into terrorism, and
with the other functions mentioned in subsection (4).
“Identified individual”, in relation to a panel, means an individual who is referred to the panel by a chief officer of police , or by a local authority, for an assessment of the kind mentioned in subsection (1)(a).
A chief officer of police or a local authority may refer an individual to a panel only if there are reasonable grounds to believe that the individual is vulnerable to being drawn into terrorism.
The functions of a panel referred to in subsection (1)(b) are—
to prepare a plan in respect of identified individuals who the panel considers should be offered support for the purpose of reducing their vulnerability to being drawn into terrorism;
if the necessary consent is given, to make arrangements for support to be provided to those individuals in accordance with their support plan;
to keep under review the giving of support to an identified individual under a support plan;
to revise a support plan, or withdraw support under a plan, if at any time the panel considers it appropriate;
to carry out further assessments, after such periods as the panel considers appropriate, of an individual's vulnerability to being drawn into terrorism in cases where—
the necessary consent is refused or withdrawn to the giving of support under a support plan, or
the panel has determined that support under a plan should be withdrawn;
to prepare a further support plan in such cases if the panel considers it appropriate.
A support plan must include the following information—
how, when and by whom a request for the necessary consent is to be made;
the nature of the support to be provided to the identified individual;
the persons who are to be responsible for providing it;
how and when such support is to be provided.
Where in the carrying out of its functions under this section a panel determines that support should not be given to an individual under a support plan, the panel—
must consider whether the individual ought to be referred to a provider of any health or social care services, and
if so, must make such arrangements as the panel considers appropriate for the purpose of referring the individual.
In exercising its functions under this section a panel must have regard to any guidance given by the Secretary of State about the exercise of those functions.
Before issuing guidance under subsection (7) the Secretary of State must (whether before or after this Act is passed) consult—
the Welsh Ministers so far as the guidance relates to panels in Wales;
the Scottish Ministers so far as the guidance relates to panels in Scotland;
any person whom the Secretary of State considers appropriate.
The members of a panel must include—
the responsible local authority;
the chief officer of police for a police area the whole or any part of which is in the area of that authority.
Each of those members must appoint a person to represent them on the panel; and the representative must be a person whom the member concerned considers to have the required skills and experience.
Where more than one chief officer of police comes within subsection (1)(b), a person may represent more than one of the chief officers; but at any meeting of the panel at which an identified individual is to be discussed there must be a person present from the police force for the area in which the individual resides to act as the representative.
A panel may also include such other persons as the responsible local authority considers appropriate (whether generally or in the case of a particular identified individual).
The chair of a panel is the responsible local authority; but where more than one local authority is the responsible local authority, the authorities may determine that one (or more) of them is to be the chair.
If a panel cannot reach a unanimous decision on a question arising before it, the question must be decided—
according to the opinion of the majority of the panel, or
if there is no majority opinion, by the chair.
Subject to subsection (6), a panel may determine its own procedure.
The partners of a panel must, so far as appropriate and reasonably practicable, act in co-operation with—
the panel in the carrying out of its functions;
the police and local authorities in the carrying out of their functions in connection with section 36.
The partners of a panel are the persons and bodies specified in Schedule 7.
The duty of a partner of a panel to act in co-operation with the panel—
includes the giving of information (subject to subsection (4));
extends only so far as the co-operation is compatible with the exercise of the partner's functions under any other enactment or rule of law.
Nothing in this section requires or authorises the making of—
a disclosure that would contravene the data protection legislation;
a disclosure of any sensitive information.
“The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
“Sensitive information” means information—
held by an intelligence service,
obtained (directly or indirectly) from, or held on behalf of, an intelligence service,
derived in whole or part from information obtained (directly or indirectly) from, or held on behalf of, an intelligence service, or
relating to an intelligence service.
In carrying out the duty imposed by subsection (1), partners of a panel must have regard to any guidance given by the Secretary of State about the carrying out of that duty.
Before issuing guidance under subsection (6) the Secretary of State must (whether before or after this Act is passed) consult—
the Welsh Ministers so far as the guidance relates to panels in Wales;
the Scottish Ministers so far as the guidance relates to panels in Scotland;
any person whom the Secretary of State considers appropriate.
The reference in subsection (1)(b) to functions of the police and local authorities in connection with section 36 includes, in particular, a chief officer's or local authority's function of determining whether an individual should be referred to a panel for the carrying out of an assessment of the kind mentioned in subsection (1)(a) of that section.
The Secretary of State may by regulations made by statutory instrument amend—
the definition of “local authority” in section 41;
Schedule 7.
The Secretary of State must consult the Welsh Ministers before making regulations under subsection (1) that—
add a Welsh authority to Schedule 7, or
amend or remove an entry in that Schedule relating to a Welsh authority.
The Secretary of State must consult the Scottish Ministers before making regulations under subsection (1) that—
add a description of authority in Scotland to the definition of “local authority”,
add a Scottish authority to Schedule 7, or
amend or remove an entry in that Schedule relating to a Scottish authority.
Regulations under this section may amend this Chapter so as to make consequential or supplemental provision.
A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
Subsection (5) does not apply to a statutory instrument containing regulations that only make provision for—
the omission of an entry in Schedule 7 where the body concerned has ceased to exist, or
the variation of an entry in consequence of a change of name or transfer of functions.
A statutory instrument that falls within subsection (6) is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “Welsh authority” and “Scottish authority” have the same meaning as in Chapter 1.
The Secretary of State may agree to indemnify a support provider against any costs and expenses that the provider reasonably incurs in connection with any decision or action taken by the provider in good faith in carrying out functions as a provider.
The agreement may be made in whatever manner, and on whatever terms, the Secretary of State considers appropriate.
In this section “support provider” means a person who provides support under a support plan.
In this Chapter—
if the individual is aged 18 years or over, his or her consent;
For the purposes of the definition of “local authority” in subsection (1), the Inner Temple and the Middle Temple are to be taken as falling within the area of the Common Council of the City of London.
Where two or more local authorities exercise their respective duties under section 36(1) by ensuring that a panel is in place for their combined area—
a reference in this Chapter to the responsible local authority is to be read as a reference to the responsible local authorities for the panel;
a reference in this Chapter to the authority's area is to be read as a reference to the combined area.
References in this Chapter to a chief officer of police are to be read as including references to the chief constable of the Police Service of Scotland.
After section 17 of the Terrorism Act 2000 insert—
In section 23 of that Act (forfeiture: terrorist property offences), after subsection (5) insert—
The section inserted by subsection (1) applies to any payment made by an insurer on or after the day on which this Act is passed, even if made—
under (or purportedly under) a contract entered into before that day, or
(subject to subsection (4)) in respect of money or other property handed over before that day.
The section inserted by subsection (1) does not apply to a payment made in respect of money or other property handed over before 27 November 2014.
Schedule 8 amends paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls: power to examine goods) and other enactments relating to the power in that paragraph.
The person appointed under section 36(1) of the Terrorism Act 2006 (“the independent reviewer”) is also responsible for reviewing the operation of the provisions listed in subsection (2).
The provisions are—
Part 1 of the Anti-Terrorism, Crime and Security Act 2001;
Part 2 of that Act as it applies in cases where a use or threat of the action referred to in section 4(2) of that Act would constitute terrorism;
the Counter-Terrorism Act 2008;
Part 1 of this Act.
section 69 of the Sentencing Code (including as it is applied by section 238(6) of the Armed Forces Act 2006), and Schedules A1 and 1 to that Code (terrorist connection).
In each calendar year the independent reviewer must, by 31 January, inform the Secretary of State and the Treasury what (if any) reviews under this section the reviewer intends to carry out in that year. Those reviews must be completed during that year or as soon as reasonably practicable after the end of it.
The independent reviewer must send to the Secretary of State a report on the outcome of each review as soon as reasonably practicable after the review is completed.
On receiving a report under subsection (4), the Secretary of State must lay a copy of it before Parliament.
The expenses and allowances that may be paid under section 36(6) of the Terrorism Act 2006 include expenses and allowances in respect of functions under this section.
In this section “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act).
In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—
and,
in subsection (4), for “subsection (2)” substitute “ subsection (2)(a) ”;
after subsection (4B) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 20 of the Terrorism Prevention and Investigation Measures Act 2011 (reviews of the operation of that Act)—
for subsections (2) and (3) substitute—;
omit subsections (7) to (9).
The Secretary of State may by regulations made by statutory instrument establish a body to provide advice and assistance to the persons appointed under— in the discharge of their functions.
section 36(1) of the Terrorism Act 2006,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 20(1) of the Terrorism Prevention and Investigation Measures Act 2011,
The body is to be known as the Privacy and Civil Liberties Board.
Regulations under this section may include provision about—
the membership of the board;
the payment of expenses and allowances to members;
the circumstances in which a person ceases to be a member;
the appointment of staff, their terms and conditions of employment and their pensions, allowances or gratuities;
the organisation and procedure of the board;
particular things that the board may or must do;
the preparation and publication of reports and accounts.
Regulations under this section must—
provide for the Secretary of State to appoint members of the board after considering any recommendations made by the person appointed under section 36(1) of the Terrorism Act 2006;
provide for the board to be chaired by that person and to be subject to his or her direction and control.
Regulations under this section may contain incidental, consequential, transitional or supplementary provision. This includes provision amending, applying (with or without modifications), disapplying, repealing or revoking any provision of primary legislation, whenever passed or made.
A statutory instrument— may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
containing the first regulations under this section, or
containing any regulations under this section that amend, repeal or revoke anything in primary legislation (whether alone or with other provision),
A statutory instrument containing regulations under this section to which subsection (6) does not apply is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “primary legislation” has the same meaning as in section 48.
In section 2D of the Special Immigration Appeals Commission Act 1997 (jurisdiction: review of certain naturalisation and citizenship decisions), in subsection (1)(a)(i), after “6” insert “ or 18 ”.
The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
The power to make regulations under this section—
is exercisable by statutory instrument;
includes power to make transitional, transitory or saving provision;
may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under primary legislation passed before this Act or in the same Session.
Before making regulations under this section the Secretary of State must—
if the regulations contain provision that would fall within the legislative competence of the Scottish Parliament if included in an Act of that Parliament, consult the Scottish Ministers;
if the regulations contain provision that would fall within the legislative competence of the National Assembly for Wales if included in an Act of that Assembly, consult the Welsh Ministers;
if the regulations contain provision that would fall within the legislative competence of the Northern Ireland Assembly if included in an Act of that Assembly, consult the Department of Justice in Northern Ireland.
A statutory instrument containing regulations under this section that amend, repeal or revoke anything in primary legislation (whether alone or with other provision) may be made only if a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “primary legislation” means—
an Act of Parliament;
an Act of the Scottish Parliament;
a Measure or Act of the National Assembly for Wales;
Northern Ireland legislation.
In relation to offences committed before 2 May 2022, the reference in section 10(5)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
In relation to offences committed before section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force—
the reference in section 10(5)(b) to a fine is to be read as a reference to a fine not exceeding the statutory maximum;
paragraph 15(3)(b) of Schedule 1 has effect as if the words “in Scotland or Northern Ireland” were omitted.
The amendments made by subsections (3) and (4) of section 17 apply only to things done and offences committed after that section comes into force.
A reference to a calendar year in the following subsections does not include a year before 2016—
subsection (3) of section 44;
subsection (4C) of section 36 of the Terrorism Act 2006 (inserted by section 45(1) above);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
subsection (2) of section 20 of the Terrorism Prevention and Investigation Measures Act 2011 (substituted by section 45(3) above).
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Part 5 extends to England and Wales and Scotland.
The other provisions of this Act extend to England and Wales, Scotland and Northern Ireland.
Her Majesty may by Order in Council direct that any of the provisions of Parts 1 and 4 are to extend, with whatever modifications appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
The power under section 39(6) of the Terrorism Act 2006 (extension to the Channel Islands or the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.
The power under section 31(4) of the Terrorism Prevention and Investigation Measures Act 2011 (extension to the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.
The power under section 39(3) of the Aviation Security Act 1982 (extension to the Channel Islands, Isle of Man etc) may be exercised in relation to any amendments made to that Act by this Act.
The power under section 51(1) of the Aviation and Maritime Security Act 1990 (extension to the Channel Islands, Isle of Man etc) may be exercised in relation to any amendments made to that Act by this Act.
The power under section 9(3) of the Special Immigration Appeals Commission Act 1997 (extension to the Channel Islands or the Isle of Man) may be exercised in relation to any amendments made to that Act by this Act.
Chapter 1 of Part 1 comes into force on the day after the day on which this Act is passed.
The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—
sections 36 to 38 and 40;
sections 44 to 46.
The following provisions come into force on whatever day or days the Secretary of State appoints by regulations made by statutory instrument—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 22(10);
paragraphs 12 to 14 of Schedule 5 and section 25 so far as relating to those paragraphs;
sections 26 and 30, section 31(2) and (4) and sections 32 to 34.
Regulations under subsection (3)—
may make different provision for different purposes;
may make transitory, transitional or saving provision.
The other provisions of this Act come into force on the day on which this Act is passed.
This Act may be cited as the Counter-Terrorism and Security Act 2015.
Section 1
a review under section 11, or
For the purposes of this paragraph, a qualified officer is an “accredited” immigration officer or customs official if designated as such by the Secretary of State. Sub-paragraphs (1), (2) and (3)(a) of paragraph 2 apply to an accredited immigration officer or customs official as they apply to a constable. In paragraph 2(3)(b) and (4) “qualified officer” does not include an accredited immigration officer or customs official. In paragraphs 2(9) and 3 “immigration officer or customs official” does not include an accredited immigration officer or customs official. Paragraph 4(1) has effect, in relation to a travel document that is in the possession of an accredited immigration officer or customs official as a result of the exercise of a power under paragraph 2 by that officer or official, as if the reference to the relevant constable were a reference to that officer or official.
The temporary exclusion order must include a statement that the Secretary of State reasonably considers that the urgency of the case requires the order to be imposed without obtaining the permission of the court under section 3.
In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review. The court must ensure that the individual is notified of the court's decision on a reference under paragraph 3.
A person making rules of court relating to TEO proceedings or appeal proceedings must have regard to the need to secure the following— Rules of court relating to TEO proceedings or appeal proceedings may make provision— In this paragraph—
Rules of court relating to TEO proceedings may make provision for— and the provision made by the rules may allow the application and the order to be made irrespective of whether any other TEO proceedings have been begun in the court. Rules of court may provide for the Court of Appeal or the Inner House of the Court of Session to make an order in connection with any appeal proceedings requiring anonymity for the relevant individual. In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the relevant individual are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure— of the identity of the relevant individual or of any information that would tend to identify the relevant individual. In this paragraph “relevant individual” means an individual on whom the Secretary of State is proposing to impose, or has imposed, a temporary exclusion order.
The Immigration, Asylum and Nationality Act 2006 is amended as set out in paragraphs 6 to 8.
In section 32 (passenger and crew information: police powers), at the end of subsection (6) insert—
After that section insert—
Section 34 (offence of failure to provide passenger information etc) is amended as follows. In subsection (1), for “imposed under section 32(2) or (3) or 33(2)” substituteimposed— . After subsection (1) insert— In subsection (2), at the end insert, and
Section 3
“institution in Scotland” means an institution whose activities are carried on, or principally carried on, in Scotland;
This Schedule applies if the Secretary of State—
makes the urgent case decisions in relation to an individual, and
imposes a temporary exclusion order on the individual.
In a case where the court determines that any of the relevant decisions of the Secretary of State is obviously flawed, the court must quash the temporary exclusion order. If sub-paragraph (1) does not apply, the court must confirm the temporary exclusion order. If the court determines that the decision of the Secretary of State that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the temporary exclusion order under the preceding provisions of this paragraph).
Rules of court relating to TEO proceedings or appeal proceedings must secure that the Secretary of State is required to disclose— This paragraph is subject to paragraph 4.
In Schedule 7 to the Terrorism Act 2000 (port and border controls) paragraph 9 (power to examine goods) is amended as follows. The reference in sub-paragraph (2)(a) to goods which are about to leave Great Britain or Northern Ireland on a ship includes goods which— The reference in sub-paragraph (2)(b) to goods which are about to leave any place in Great Britain or Northern Ireland on an aircraft includes goods which— An examination under this paragraph may be carried out only— The Secretary of State may designate a location for the purposes of sub-paragraph (2C)(d) only if the Secretary of State reasonably believes that it is necessary to designate that location in order for examining officers to be able to exercise their functions under this paragraph. The Secretary of State must maintain and publish a list of designated examination locations. In this paragraph— For the purposes of determining whether to carry out an examination under this paragraph an examining officer may—
Rules of court relating to TEO proceedings or appeal proceedings must secure— Rules of court relating to TEO proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Secretary of State— The relevant court must be authorised— In this paragraph—
Section 12
In this Schedule—
“panel” means a panel of persons in place under the duty imposed by section 36(1);
Nothing in paragraphs 2 to 4, or in rules of court made under any of those paragraphs, is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention. The “Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).
In any TEO proceedings or appeal proceedings the relevant court may if it thinks fit— The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of— Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1). The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.
The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against— In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (1), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.
Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows. In paragraph 27 (requirement to provide passenger lists etc), in sub-paragraph (5), after paragraph (b) insert—. In paragraph 27B (passenger information or service information), after sub-paragraph (8) insert— After paragraph 27B insert— Omit paragraph 27C (notification of non-EEA arrivals).
The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise the function under paragraph 8(2)(a). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8(2)(b)— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8(2)(c).
In section 27 of that Act (offences by persons connected with ships or aircraft or with ports)—
the existing provision becomes subsection (1);
at the end insert—
Section 12
A chief officer of police for a police area in England and Wales. The British Transport Police Force. A Port Police Force established under an order made under section 14 of the Harbours Act 1964. The Port Police Force established under Part 10 of the Port of London Act 1968. A Port Police Force established under section 79 of the Harbours, Docks and Piers Clauses Act 1847. The Common Council of the City of London in its capacity as a police authority. A police and crime commissioner established under section 1 of the Police Reform and Social Responsibility Act 2011. The Mayor’s Office for Policing and Crime established under section 3 of that Act. The Civil Nuclear Police Authority.
An individual who has been convicted of an offence under section 10(1) or (3) may appeal against the conviction if— An individual who has been convicted of an offence under section 10(3) may appeal against the conviction if—
On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction. An appeal under this Schedule to the Court of Appeal against a conviction on indictment— An appeal under this Schedule to the High Court of Justiciary against a conviction on indictment— An appeal under this Schedule to the Sheriff Appeal Court against a summary conviction— An appeal under this Schedule to the Crown Court or to the county court in Northern Ireland against a summary conviction—
Section 25
Section 26
Section 38
Section 43