Statement by the Delegation of the United States of America on the International Day for the Elimination of Violence against Women, observed on 25 November 2016
Schedule 1 (which makes provision for enabling property which— to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff) is to have effect.
is intended to be used for the purposes of terrorism,
consists of resources of an organisation which is a proscribed organisation, or
is, or represents, property obtained through terrorism,
The powers conferred by Schedule 1 are exercisable in relation to property whether or not any proceedings have been brought for an offence in connection with the property.
Expressions used in this section have the same meaning as in Schedule 1.
Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.
An order under section 127 bringing Schedule 1 into force may make any modifications of any code of practice then in operation under Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) which the Secretary of State thinks necessary or expedient.
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Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) is amended as follows.
In paragraph 1—
in paragraph (a), for “section 24” substitute “ the terrorist cash provisions ”, and
and “the terrorist cash provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.
In paragraphs 2, 3 and 6(1), at the end insert “or the terrorist cash provisions”.
In paragraph 5, after “Act” insert “ or the terrorist cash provisions ”.
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Schedule 2 contains amendments to the Terrorism Act 2000.
The Treasury may make a freezing order if the following two conditions are satisfied.
The first condition is that the Treasury reasonably believe that—
action to the detriment of the United Kingdom’s economy (or part of it) has been or is likely to be taken by a person or persons, or
action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.
If one person is believed to have taken or to be likely to take the action the second condition is that the person is—
the government of a country or territory outside the United Kingdom, or
a resident of a country or territory outside the United Kingdom.
If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection (3); and different persons may fall within different paragraphs.
A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order.
The order must provide that these are the persons who are prohibited—
all persons in the United Kingdom, and
all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.
The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available—
the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section 4;
any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons.
A person may be specified under subsection (3) by—
being named in the order, or
falling within a description of persons set out in the order.
The description must be such that a reasonable person would know whether he fell within it.
Funds are financial assets and economic benefits of any kind.
Schedule 3 contains further provisions about the contents of freezing orders.
The Treasury must keep a freezing order under review.
A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.
A national of the United Kingdom is an individual who is—
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
a British protected person within the meaning of that Act.
A resident of the United Kingdom is—
an individual who is ordinarily resident in the United Kingdom,
a body incorporated under the law of any part of the United Kingdom, or
a Scottish partnership.
A resident of a country or territory outside the United Kingdom is—
an individual who is ordinarily resident in such a country or territory, or
a body incorporated under the law of such a country or territory.
For the purposes of subsection (3)(b) a branch situated in a country or territory outside the United Kingdom of— is to be treated as a body incorporated under the law of the country or territory where the branch is situated.
a body incorporated under the law of any part of the United Kingdom, or
a Scottish partnership,
This section applies for the purposes of this Part.
A power to make a freezing order is exercisable by statutory instrument.
A freezing order—
must be laid before Parliament after being made;
ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).
The relevant period is a period of 28 days starting with the day on which the order is made.
In calculating the relevant period 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 the Treasury propose to make a freezing order in the belief that the condition in section 4(2)(b) is satisfied, they must not make the order unless they consult the Secretary of State.
This section applies if—
a freezing order is made specifying by description (rather than by name) the person or persons to whom or for whose benefit funds are not to be made available,
it is proposed to make a further order which amends the freezing order only so as to make it specify by name the person or persons (or any of the persons) to whom or for whose benefit funds are not to be made available, and
the Treasury reasonably believe that the person or persons named fall within the description contained in the freezing order and the further order contains a statement of the Treasury’s belief.
This section also applies if—
a freezing order is made specifying by name the person or persons to whom or for whose benefit funds are not to be made available,
it is proposed to make a further order which amends the freezing order only so as to make it specify by name a further person or further persons to whom or for whose benefit funds are not to be made available, and
the Treasury reasonably believe that the further person or persons fall within the same description as the person or persons specified in the freezing order and the further order contains a statement of the Treasury’s belief.
This section also applies if—
a freezing order is made, and
it is proposed to make a further order which amends the freezing order only so as to make it specify (whether by name or description) fewer persons to whom or for whose benefit funds are not to be made available.
If this section applies, a statutory instrument containing the further order is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument containing an order revoking a freezing order (without re-enacting it) is subject to annulment in pursuance of a resolution of either House of Parliament.
If apart from this section an order under this Part would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
Where this Part confers a power to make provision, different provision may be made for different purposes.
An order under this Part may include supplementary, incidental, saving or transitional provisions.
Nothing in this Part affects the generality of subsection (2).
A freezing order binds the Crown, subject to the following provisions of this section.
No contravention by the Crown of a provision of a freezing order makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.
Nothing in this section affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.
These provisions shall cease to have effect—
section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) (Treasury’s power to prohibit action on certain orders as to gold etc);
section 55 of the Finance Act 1968 (c. 44) (meaning of security in section 2 of 1964 Act).
Subsection (1) does not affect a reference which—
is to a provision referred to in that subsection, and
is contained in a provision made under an Act.
This section applies to the provisions listed in Schedule 4, so far as they authorise the disclosure of information.
Each of the provisions to which this section applies shall have effect, in relation to the disclosure of information by or on behalf of a public authority, as if the purposes for which the disclosure of information is authorised by that provision included each of the following—
the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;
the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;
the purposes of the initiation or bringing to an end of any such investigation or proceedings;
the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.
The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this section applies.
The Treasury shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.
No disclosure of information shall be made by virtue of this section unless the public authority by which the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.
Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.
The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.
Subject to subsections (2) and (3), the Secretary of State may give a direction which—
specifies any overseas proceedings or any description of overseas proceedings; and
prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.
In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure authorised by any of the provisions to which section 17 applies which—
is made for a purpose mentioned in subsection (2)(a) to (d) of that section; and
is a disclosure of any such information as is described in the direction.
The Secretary of State shall not give a direction under this section unless it appears to him that the overseas proceedings in question, or that overseas proceedings of the description in question, relate or would relate—
to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of the United Kingdom, or of a particular part of the United Kingdom;
to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of a third country; or
to a matter that would fall within paragraph (a) or (b)—
if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and
if (where one does not exist) a court or other authority with the necessary jurisdiction or functions existed in the United Kingdom, in the part of the United Kingdom in question or, as the case may be, in the third country in question.
A direction under this section shall not have the effect of prohibiting—
the making of any disclosure by a Minister of the Crown or by the Treasury; or
the making of any disclosure in pursuance of an assimilated obligation.
A direction under this section—
may prohibit the making of disclosures absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in it; and
must be published or otherwise issued by the Secretary of State in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it.
A person who, knowing of any direction under this section, discloses any information in contravention of that direction shall be guilty of an offence and liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
The following are overseas proceedings for the purposes of this section—
criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;
a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.
References in this section, in relation to any proceedings or investigation, to a third country are references to any country or territory outside the United Kingdom which is not the country or territory where the proceedings are taking place, or will or may take place or, as the case may be, is not the country or territory of the authority which is conducting the investigation, or which will or may conduct it.
In this section “court” includes a tribunal of any description.
This section applies to information which is held by or on behalf of the Commissioners of Inland Revenue or by or on behalf of the Commissioners of Customs and Excise, including information obtained before the coming into force of this section.
No obligation of secrecy imposed by statute or otherwise prevents the disclosure, in accordance with the following provisions of this section, of information to which this section applies if the disclosure is made—
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for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;
for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;
for the purposes of the initiation or bringing to an end of any such investigation or proceedings; or
for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.
No disclosure of information to which this section applies shall be made by virtue of this section unless the person by whom the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.
Information to which this section applies shall not be disclosed by virtue of this section except by the Commissioners by or on whose behalf it is held or with their authority.
Information obtained by means of a disclosure authorised by subsection (2) shall not be further disclosed except— and information so obtained otherwise than by or on behalf of any of the intelligence services shall not be further disclosed (with or without such consent) to any of those services, or to any person acting on behalf of any of those services, except for a purpose mentioned in paragraphs (b) to (e) of that subsection.
for a purpose mentioned in that subsection; and
with the consent of the Commissioners by whom or with whose authority it was initially disclosed;
A consent for the purposes of subsection (5) may be given either in relation to a particular disclosure or in relation to disclosures made in such circumstances as may be specified or described in the consent.
Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the data protection legislation .
References in this section to information which is held on behalf of the Commissioners of Inland Revenue or of the Commissioners of Customs and Excise include references to information which—
is held by a person who provides services to the Commissioners of Inland Revenue or, as the case may be, to the Commissioners of Customs and Excise; and
is held by that person in connection with the provision of those services.
In this section—
Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.
In this Part—
“communications provider” means a person who provides a postal service or a telecommunications service;
“British ship” means a ship (including a ship belonging to Her Majesty) which is registered in the United Kingdom;
This Schedule (other than Parts 4A to 4BD) applies to cash (“terrorist cash”) which— “Cash” means— found at any place in the United Kingdom. Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by order. The power to make an order under sub-paragraph (3) is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament. For the purposes of sub-paragraph (2)— In sub-paragraph (5)— “bet”— in relation to England and Wales and Scotland, has the same meaning as in section 9(1) of the Gambling Act 2005; in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)) (see Article 2 of that Order); “betting licence”— in relation to England and Wales and Scotland, means a general betting operating licence issued under Part 5 of the Gambling Act 2005; in relation to Northern Ireland, means a bookmaker's licence as defined in Article 2 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985; “gaming machine”— in relation to England and Wales and Scotland, has the same meaning as in the Gambling Act 2005 (see section 235 of that Act); in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (see Article 2 of that Order). In the application of sub-paragraph (5) to Northern Ireland references to a right to be paid an amount are to be read as references to the right that would exist but for Article 170 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (gaming and wagering contracts void).
Property is all property wherever situated and includes— Any reference to a person’s property (whether expressed as a reference to the property he holds or otherwise) is to be read as follows. In relation to land, it is a reference to any interest which he holds in the land. In relation to property other than land, it is a reference—
A freezing order must include provision that if— as soon as is practicable the Treasury must give the person the reason in writing.
a person is specified in the order as a person to whom or for whose benefit funds are not to be made available, and
he makes a written request to the Treasury to give him the reason why he is so specified,
A freezing order may include provision that funds include gold, cash, deposits, securities (such as stocks, shares and debentures) and such other matters as the order may specify.
A freezing order may include provision that a person— In particular, an order may include—
A freezing order may include any of the provisions set out in this paragraph. Proceedings for an offence under the order are not to be instituted in England and Wales except by or with the consent of the Treasury or the Director of Public Prosecutions. Proceedings for an offence under the order are not to be instituted in Northern Ireland except by or with the consent of the Treasury or the Director of Public Prosecutions for Northern Ireland. Despite anything in section 127(1) of the Magistrates' Courts Act 1980 (c. 43) (information to be laid within 6 months of offence) an information relating to an offence under the order which is triable by a magistrates' court in England and Wales may be so tried if it is laid at any time in the period of one year starting with the date of the commission of the offence. In Scotland summary proceedings for an offence under the order may be commenced at any time in the period of one year starting with the date of the commission of the offence. In its application to an offence under the order Article 19(1)(a) of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (time limit within which complaint charging offence must be made) is to have effect as if the reference to six months were a reference to twelve months.
The Firearms Act 1968 has effect subject to the following amendments.
In section 54 (Crown servants etc.), after subsection (3) insert—
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949;
“occupier” includes a partnership or unincorporated association and, in relation to premises that are unoccupied, means any person entitled to occupy the premises;
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The Commission shall consist of members appointed by the Lord Chancellor. The Lord Chancellor shall appoint one of the members as chairman. A member shall hold and vacate office in accordance with the terms of his appointment. A member may resign at any time by notice in writing to the Lord Chancellor.
The Lord Chancellor may appoint officers and servants for the Commission.
The Lord Chancellor—
may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants;
may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances; and
may pay sums in respect of expenses of the Commission.
Section 174(3) of the Consumer Credit Act 1974.
Section 52(1) of the Race Relations Act 1976.
Section 10(3) of the Estate Agents Act 1979.
Section 46(1) of the Harbours Act 1964.
Section 10(2) of the Merchant Shipping (Liner Conferences) Act 1982.
Section 101(2) of the Telecommunications Act 1984.
Section 34(2) of the Legal Aid (Scotland) Act 1986.
Section 197(2) of the Broadcasting Act 1990.
Section 204(2) of the Water Resources Act 1991.
Section 59(2) of the Coal Industry Act 1994.
Section 35(4) of the Goods Vehicles (Licensing of Operators) Act 1995.
Section 49(1) of the Audit Commission Act 1998.
Section 19(2) of the Landmines Act 1998.
Section 20(2) of the Access to Justice Act 1999.
Section 28(5A) of the Trade Descriptions Act 1968.
Section 63(1) of the Local Government Act 2000.
Section 143(5)(b) of the Transport Act 2000. Paragraph 13(3) of Schedule 10 to that Act.
Section 9(4) of the Employment Agencies Act 1973.
“the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom; and
A freezing order must include provision as to the meaning (in relation to funds) of making available to or for the benefit of a person. In particular, an order may provide that the expression includes—
A freezing order may include provision requiring a person to disclose information as mentioned below if the following three conditions are satisfied. The first condition is that the person required to disclose is specified or falls within a description specified in the order. The second condition is that the person required to disclose knows or suspects, or has grounds for knowing or suspecting, that a person specified in the freezing order as a person to whom or for whose benefit funds are not to be made available— The third condition is that the information— came to him in the course of a business in the regulated sector. The freezing order may require the person required to disclose to make a disclosure to the Treasury of that information as soon as is practicable after it comes to him. The freezing order may include—
A freezing order may include any of the provisions set out in this paragraph. If an offence under the order— he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. These are officers of a body corporate— If the affairs of a body corporate are managed by its members sub-paragraph (2) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were an officer of the body. If an offence under the order— he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
The Police and Criminal Evidence Act 1984 has effect subject to the following amendments.
In section 35 (designated police stations), after subsection (2) insert—
Section 36 (custody officers at designated police stations) is amended as follows. In subsection (2), for “a designated police station” substitute “a police station designated under section 35(1) above”. After that subsection insert—
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
“disclosure”, in relation to a thing, includes parting with possession of it;
An authorised officer may seize any cash if he has reasonable grounds for suspecting that it is terrorist cash. An authorised officer may also seize cash part of which he has reasonable grounds for suspecting to be terrorist cash if it is not reasonably practicable to seize only that part.
This paragraph applies while any cash is detained under any provision of this Schedule other than Part 2A. A magistrates’ court or (in Scotland) the sheriff may direct the release of the whole or any part of the cash if satisfied, on an application by the person from whom it was seized, that the conditions in paragraph 3 for the detention of cash are no longer met in relation to the cash to be released. A authorised officer or (in Scotland) a procurator fiscal may, after notifying the magistrates’ court, sheriff or justice under whose order cash is being detained, release the whole or any part of it if satisfied that the detention of the cash to be released is no longer justified. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings outside the United Kingdom shall not be taken to be criminal proceedings for the purposes of this Part unless the conduct with which the defendant in those proceedings is charged is criminal conduct or conduct which, to a substantial extent, consists of criminal conduct.
In this section—
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The Secretary of State may issue a certificate under this section in respect of a person if the Secretary of State reasonably—
believes that the person’s presence in the United Kingdom is a risk to national security, and
suspects that the person is a terrorist.
In subsection (1)(b) “terrorist” means a person who—
is or has been concerned in the commission, preparation or instigation of acts of international terrorism,
is a member of or belongs to an international terrorist group, or
has links with an international terrorist group.
A group is an international terrorist group for the purposes of subsection (2)(b) and (c) if—
it is subject to the control or influence of persons outside the United Kingdom, and
the Secretary of State suspects that it is concerned in the commission, preparation or instigation of acts of international terrorism.
For the purposes of subsection (2)(c) a person has links with an international terrorist group only if he supports or assists it.
In this Part—
“United Kingdom Atomic Energy Authority Constabulary” means the special constables appointed under section 3 of the Special Constables Act 1923 (c. 11) on the nomination of the United Kingdom Atomic Energy Authority.
“relevant premises” has the meaning given in section 60.
“nuclear site” means a licensed nuclear site within the meaning of that Chapter;
A person obtains property through terrorism if he obtains property by or in return for acts of terrorism, or acts carried out for the purposes of terrorism. In deciding whether any property was obtained through terrorism—
Sub-paragraph (2) applies if a person’s property which is earmarked as terrorist property is mixed with other property (whether his property or another's). The portion of the mixed property which is attributable to the property earmarked as terrorist property represents the property obtained through terrorism. Property earmarked as terrorist property is mixed with other property if (for example) it is used—
In this Schedule— Paragraphs 17 and 18 and the following provisions apply for the purposes of this Schedule. For the purpose of deciding whether or not property was earmarked as terrorist property at any time (including times before commencement), it is to be assumed that this Schedule was in force at that and any other relevant time. References to anything done or intended to be done for the purposes of terrorism include anything done or intended to be done for the benefit of a proscribed organisation. An organisation’s resources include any cash which is applied or made available, or is to be applied or made available, for use by the organisation. Proceedings against any person for an offence are concluded when—
Where the Secretary of State issues a certificate under subsection (1) he shall as soon as is reasonably practicable—
take reasonable steps to notify the person certified, and
send a copy of the certificate to the Special Immigration Appeals Commission.
The Secretary of State may revoke a certificate issued under subsection (1).
A decision of the Secretary of State in connection with certification under this section may be questioned in legal proceedings only under section 25 or 26.
An action of the Secretary of State taken wholly or partly in reliance on a certificate under this section may be questioned in legal proceedings only by or in the course of proceedings under—
section 25 or 26, or
secton 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeal).
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An action of a kind specified in subsection (2) may be taken in respect of a suspected international terrorist despite the fact that (whether temporarily or indefinitely) the action cannot result in his removal from the United Kingdom because of—
a point of law which wholly or partly relates to an international agreement, or
a practical consideration.
The actions mentioned in subsection (1) are—
refusing leave to enter or remain in the United Kingdom in accordance with provision made by or by virtue of any of sections 3 to 3B of the Immigration Act 1971 (c. 77) (control of entry to United Kingdom),
varying a limited leave to enter or remain in the United Kingdom in accordance with provision made by or by virtue of any of those sections,
recommending deportation in accordance with section 3(6) of that Act (recommendation by court),
taking a decision to make a deportation order under section 5(1) of that Act (deportation by Secretary of State),
making a deportation order under section 5(1) of that Act,
refusing to revoke a deportation order,
cancelling leave to enter the United Kingdom in accordance with paragraph 2A of Schedule 2 to that Act (person arriving with continuous leave),
giving directions for a person’s removal from the United Kingdom under any of paragraphs 8 to 10 or 12 to 14 of Schedule 2 to that Act (control of entry to United Kingdom),
giving directions for a person’s removal from the United Kingdom under section 10 of the Immigration and Asylum Act 1999 (c. 33) (person unlawfully in United Kingdom), and
giving notice to a person in accordance with regulations under paragraph 1 of Schedule 4 to that Act of a decision to make a deportation order against him.
Action of a kind specified in subsection (2) which has effect in respect of a suspected international terrorist at the time of his certification under section 21 shall be treated as taken again (in reliance on subsection (1) above) immediately after certification.
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A suspected international terrorist may be detained under a provision specified in subsection (2) despite the fact that his removal or departure from the United Kingdom is prevented (whether temporarily or indefinitely) by—
a point of law which wholly or partly relates to an international agreement, or
a practical consideration.
The provisions mentioned in subsection (1) are—
paragraph 16 of Schedule 2 to the Immigration Act 1971 (c. 77) (detention of persons liable to examination or removal), and
paragraph 2 of Schedule 3 to that Act (detention pending deportation).
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A suspected international terrorist who is detained under a provision of the Immigration Act 1971 may be released on bail.
For the purpose of subsection (1) the following provisions of Schedule 2 to the Immigration Act 1971 (control on entry) shall apply with the modifications specified in Schedule 3 to the Special Immigration Appeals Commission Act 1997 (c. 68) (bail to be determined by Special Immigration Appeals Commission) and with any other necessary modifications—
paragraph 22(1A), (2) and (3) (release),
paragraph 23 (forfeiture),
paragraph 24 (arrest), and
paragraph 30(1) (requirement of Secretary of State’s consent).
Rules of procedure under the Special Immigration Appeals Commission Act 1997 (c. 68)—
may make provision in relation to release on bail by virtue of this section, and
subject to provision made by virtue of paragraph (a), shall apply in relation to release on bail by virtue of this section as they apply in relation to release on bail by virtue of that Act subject to any modification which the Commission considers necessary.
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A suspected international terrorist may appeal to the Special Immigration Appeals Commission against his certification under section 21.
On an appeal the Commission must cancel the certificate if—
it considers that there are no reasonable grounds for a belief or suspicion of the kind referred to in section 21(1)(a) or (b), or
it considers that for some other reason the certificate should not have been issued.
If the Commission determines not to cancel a certificate it must dismiss the appeal.
Where a certificate is cancelled under subsection (2) it shall be treated as never having been issued.
An appeal against certification may be commenced only—
within the period of three months beginning with the date on which the certificate is issued, or
with the leave of the Commission, after the end of that period but before the commencement of the first review under section 26.
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The Special Immigration Appeals Commission must hold a first review of each certificate issued under section 21 as soon as is reasonably practicable after the expiry of the period of six months beginning with the date on which the certificate is issued.
But—
in a case where before the first review would fall to be held in accordance with subsection (1) an appeal under section 25 is commenced (whether or not it is finally determined before that time) or leave to appeal is given under section 25(5)(b), the first review shall be held as soon as is reasonably practicable after the expiry of the period of six months beginning with the date on which the appeal is finally determined, and
in a case where an application for leave under section 25(5)(b) has been commenced but not determined at the time when the first review would fall to be held in accordance with subsection (1), if leave is granted the first review shall be held as soon as is reasonably practicable after the expiry of the period of six months beginning with the date on which the appeal is finally determined.
The Commission must review each certificate issued under section 21 as soon as is reasonably practicable after the expiry of the period of three months beginning with the date on which the first review or a review under this subsection is finally determined.
The Commission may review a certificate during a period mentioned in subsection (1), (2) or (3) if—
the person certified applies for a review, and
the Commission considers that a review should be held because of a change in circumstance.
On a review the Commission—
must cancel the certificate if it considers that there are no reasonable grounds for a belief or suspicion of the kind referred to in section 21(1)(a) or (b), and
otherwise, may not make any order (save as to leave to appeal).
A certificate cancelled by order of the Commission under subsection (5) ceases to have effect at the end of the day on which the order is made.
Where the Commission reviews a certificate under subsection (4), the period for determining the next review of the certificate under subsection (3) shall begin with the date of the final determination of the review under subsection (4).
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The following provisions of the Special Immigration Appeals Commission Act 1997 (c. 68) shall apply in relation to an appeal or review under section 25 or 26 as they apply in relation to an appeal under section 2 of that Act—
section 6 (person to represent appellant’s interests),
section 7 (further appeal on point of law), and
section 7A (pending appeal).
The reference in subsection (1) to an appeal or review does not include a reference to a decision made or action taken on or in connection with—
an application under section 25(5)(b) or 26(4)(a) of this Act, or
subsection (8) below.
Subsection (4) applies where—
a further appeal is brought by virtue of subsection (1)(b) in connection with an appeal or review, and
the Secretary of State notifies the Commission that in his opinion the further appeal is confined to calling into question one or more derogation matters within the meaning of section 30 of this Act.
For the purpose of the application of section 26(2) and (3) of this Act the determination by the Commission of the appeal or review in connection with which the further appeal is brought shall be treated as a final determination.
Rules under section 5 or 8 of the Special Immigration Appeals Commission Act 1997 (general procedure; and leave to appeal) may make provision about an appeal, review or application under section 25 or 26 of this Act.
Subject to any provision made by virtue of subsection (5), rules under section 5 or 8 of that Act shall apply in relation to an appeal, review or application under section 25 or 26 of this Act with any modification which the Commission considers necessary.
Subsection (8) applies where the Commission considers that an appeal or review under section 25 or 26 which relates to a person’s certification under section 21 is likely to raise an issue which is also likely to be raised in other proceedings before the Commission which relate to the same person.
The Commission shall so far as is reasonably practicable—
deal with the two sets of proceedings together, and
avoid or minimise delay to either set of proceedings as a result of compliance with paragraph (a).
Cancellation by the Commission of a certificate issued under section 21 shall not prevent the Secretary of State from issuing another certificate, whether on the grounds of a change of circumstance or otherwise.
The reference in section 81 of the Immigration and Asylum Act 1999 (c. 33) (grants to voluntary organisations) to persons who have rights of appeal under that Act shall be treated as including a reference to suspected international terrorists.
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The Secretary of State shall appoint a person to review the operation of sections 21 to 23.
The person appointed under subsection (1) shall review the operation of those sections not later than—
the expiry of the period of 14 months beginning with the day on which this Act is passed;
one month before the expiry of a period specified in accordance with section 29(2)(b) or (c).
Where that person conducts a review under subsection (2) he shall send a report to the Secretary of State as soon as is reasonably practicable.
Where the Secretary of State receives a report under subsection (3) he shall lay a copy of it before Parliament as soon as is reasonably practicable.
The Secretary of State may make payments to a person appointed under subsection (1).
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Sections 21 to 23 shall, subject to the following provisions of this section, expire at the end of the period of 15 months beginning with the day on which this Act is passed.
The Secretary of State may by order—
repeal sections 21 to 23;
revive those sections for a period not exceeding one year;
provide that those sections shall not expire in accordance with subsection (1) or an order under paragraph (b) or this paragraph, but shall continue in force for a period not exceeding one year.
An order under subsection (2)—
must be made by statutory instrument, and
may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
An order may be made without compliance with subsection (3)(b) if it contains a declaration by the Secretary of State that by reason of urgency it is necessary to make the order without laying a draft before Parliament; in which case the order—
must be laid before Parliament, and
shall cease to have effect at the end of the period specified in subsection (5) unless the order is approved during that period by resolution of each House of Parliament.
The period referred to in subsection (4)(b) is the period of 40 days—
beginning with the day on which the order is made, and
ignoring any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
The fact that an order ceases to have effect by virtue of subsection (4)—
shall not affect the lawfulness of anything done before the order ceases to have effect, and
shall not prevent the making of a new order.
Sections 21 to 23 shall by virtue of this subsection cease to have effect at the end of 10th November 2006.
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In this section “derogation matter” means—
a derogation by the United Kingdom from Article 5(1) of the Convention on Human Rights which relates to the detention of a person where there is an intention to remove or deport him from the United Kingdom, or
the designation under section 14(1) of the Human Rights Act 1998 (c. 42) of a derogation within paragraph (a) above.
A derogation matter may be questioned in legal proceedings only before the Special Immigration Appeals Commission; and the Commission—
is the appropriate tribunal for the purpose of section 7 of the Human Rights Act 1998 in relation to proceedings all or part of which call a derogation matter into question; and
may hear proceedings which could, but for this subsection, be brought in the High Court or the Court of Session.
In relation to proceedings brought by virtue of subsection (2)—
section 6 of the Special Immigration Appeals Commission Act 1997 (c. 68) (person to represent appellant’s interests) shall apply with the reference to the appellant being treated as a reference to any party to the proceedings,
rules under section 5 or 8 of that Act (general procedure; and leave to appeal) shall apply with any modification which the Commission considers necessary, and
in the case of proceedings brought by virtue of subsection (2)(b), the Commission may do anything which the High Court may do (in the case of proceedings which could have been brought in that court) or which the Court of Session may do (in the case of proceedings which could have been brought in that court).
The Commission’s power to award costs (or, in Scotland, expenses) by virtue of subsection (3)(c) may be exercised only in relation to such part of proceedings before it as calls a derogation matter into question.
In relation to proceedings brought by virtue of subsection (2)(a) or (b)—
an appeal may be brought to the appropriate appeal court (within the meaning of section 7 of the Special Immigration Appeals Commission Act 1997 (c. 68)) with the leave of the Commission or, if that leave is refused, with the leave of the appropriate appeal court, and
the appropriate appeal court may consider and do only those things which it could consider and do in an appeal brought from the High Court or the Court of Session in proceedings for judicial review.
In relation to proceedings which are entertained by the Commission under subsection (2) but are not brought by virtue of subsection (2)(a) or (b), subsection (4) shall apply in so far as the proceedings call a derogation matter into question.
In this section “the Convention on Human Rights” has the meaning given to “the Convention” by section 21(1) of the Human Rights Act 1998 (c. 42).
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another provision of that Act, or
another Act.
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This section applies to an asylum appeal before the Special Immigration Appeals Commission where the Secretary of State issues a certificate that—
the appellant is not entitled to the protection of Article 33(1) of the Refugee Convention because Article 1(F) or 33(2) applies to him (whether or not he would be entitled to protection if that Article did not apply), and
the removal of the appellant from the United Kingdom would be conducive to the public good.
In this section—
Where this section applies the Commission must begin its substantive deliberations on the asylum appeal by considering the statements in the Secretary of State’s certificate.
If the Commission agrees with those statements it must dismiss such part of the asylum appeal as amounts to a claim for asylum (before considering any other aspect of the case).
If the Commission does not agree with those statements it must quash the decision or action against which the asylum appeal is brought.
Where a decision or action is quashed under subsection (5)—
the quashing shall not prejudice any later decision or action, whether taken on the grounds of a change of circumstance or otherwise, and
the claim for asylum made in the course of the asylum appeal shall be treated for the purposes of section 15 of the Immigration and Asylum Act 1999 (interim protection from removal) as undecided until it has been determined whether to take a new decision or action of the kind quashed.
The Secretary of State may revoke a certificate issued under subsection (1).
No court may entertain proceedings for questioning—
a decision or action of the Secretary of State in connection with certification under subsection (1),
a decision of the Secretary of State in connection with a claim for asylum (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999) in a case in respect of which he issues a certificate under subsection (1) above, or
a decision or action of the Secretary of State taken as a consequence of the dismissal of all or part of an asylum appeal in pursuance of subsection (4).
Subsection (8) shall not prevent an appeal under section 7 of the Special Immigration Appeals Commission Act 1997 (appeal on point of law).
Her Majesty may by Order in Council direct that this section shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
Articles 1(F) and 33(2) of the Refugee Convention (exclusions: war criminals, national security, &c.) shall not be taken to require consideration of the gravity of—
events or fear by virtue of which Article 1(A) would or might apply to a person if Article 1(F) did not apply, or
a threat by reason of which Article 33(1) would or might apply to a person if Article 33(2) did not apply.
In this section “the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to the Convention.
At the end of section 1 of the Special Immigration Appeals Commission Act 1997 (c. 68) insert—
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In section 143 of the Immigration and Asylum Act 1999 (c. 33) (destruction of fingerprints)—
subsections (3) to (8) (requirement to destroy fingerprints on resolution of asylum and immigration cases) shall cease to have effect,
in subsection (9) (dependants) after “F” insert “(within the meaning of section 141(7))”, and
subsection (14) (interpretation) shall cease to have effect.
Subsection (1)—
shall have effect in relation to fingerprints whether taken before or after the coming into force of this section, and
in relation to fingerprints which before the coming into force of this section were required by section 143 to be destroyed, shall be treated as having had effect before the requirement arose.
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Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).
In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ”.
In section 28 (meaning of racially aggravated)—
in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”;
in subsections (1) and (2) for “racial group” substitute “ racial or religious group ”;
in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”
In section 28 after subsection (4) insert—
In each of the provisions listed in subsection (6)—
in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ”;
in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”.
The provisions are—
section 29 (assaults);
section 30 (criminal damage);
section 31 (public order offences);
section 32 (harassment etc.).
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in the sidenote for “racial aggravation” substitute “racial or religious aggravation”;
in subsection (1) for the words from “racially-aggravated assaults” to the end of the subsection substitute “racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).”;
in subsections (2) and (3) for “racially aggravated” substitute “racially or religiously aggravated”.
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In section 27(3) of the Public Order Act 1986 (c. 64) (penalties for racial hatred offences) for “two years” substitute “ seven years ”.
In Article 16(1) of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/ 463 (N.I. 7)) (penalties for offences involving stirring up hatred or arousing fear) for “2 years” substitute “ 7 years ”.
This Part does not apply to anything done before it comes into force.
In section 1 of the Biological Weapons Act 1974 (c. 6) (restriction on development etc. of certain biological agents and toxins and of biological weapons), after subsection (1) insert—
After section 1 of the Biological Weapons Act 1974 insert—
Before section 2 of the Biological Weapons Act 1974 (c. 6) insert—
Before section 31 of the Chemical Weapons Act 1996 (c. 6) insert—
A person who— is guilty of an offence.
knowingly causes a nuclear weapon explosion;
develops or produces, or participates in the development or production of, a nuclear weapon;
has a nuclear weapon in his possession;
participates in the transfer of a nuclear weapon; or
engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon,
Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49.
For the purposes of subsection (1)(b) a person participates in the development or production of a nuclear weapon if he does any act which— knowing or having reason to believe that his act has (or will have) that effect.
facilitates the development by another of the capability to produce or use a nuclear weapon, or
facilitates the making by another of a nuclear weapon,
For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if—
he buys or otherwise acquires it or agrees with another to do so;
he sells or otherwise disposes of it or agrees with another to do so; or
he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so.
A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.
In this section “nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon.
This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.
Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection.
Paragraph (a) of subsection (1) shall cease to have effect on the coming into force of the Nuclear Explosions (Prohibition and Inspections) Act 1998 (c. 7).
Nothing in section 47 applies—
to an act which is authorised under subsection (2); or
to an act done in the course of an armed conflict.
The Secretary of State may—
authorise any act which would otherwise contravene section 47 in such manner and on such terms as he thinks fit; and
withdraw or vary any authorisation given under this subsection.
Any question arising in proceedings for an offence under section 47 as to whether anything was done in the course of an armed conflict shall be determined by the Secretary of State.
A certificate purporting to set out any such determination and to be signed by the Secretary of State shall be received in evidence in any such proceedings and shall be presumed to be so signed unless the contrary is shown.
In proceedings for an offence under section 47(1)(c) or (d) relating to an object it is a defence for the accused to show that he did not know and had no reason to believe that the object was a nuclear weapon.
But he shall be taken to have shown that fact if—
sufficient evidence is adduced to raise an issue with respect to it; and
the contrary is not proved by the prosecution beyond reasonable doubt.
In proceedings for such an offence it is also a defence for the accused to show that he knew or believed that the object was a nuclear weapon but, as soon as reasonably practicable after he first knew or believed that fact, he took all reasonable steps to inform the Secretary of State or a constable of his knowledge or belief.
A person who aids, abets, counsels or procures, or incites, a person who is not a United Kingdom person to do a relevant act outside the United Kingdom is guilty of an offence.
For this purpose a relevant act is an act that, if done by a United Kingdom person, would contravene any of the following provisions—
section 1 of the Biological Weapons Act 1974 (offences relating to biological agents and toxins);
section 2 of the Chemical Weapons Act 1996 (offences relating to chemical weapons); or
section 47 above (offences relating to nuclear weapons).
Nothing in this section applies to an act mentioned in subsection (1) which— and section 48(2) applies for the purpose of authorising acts that would otherwise constitute an offence under this section.
relates to a relevant act which would contravene section 47; and
is authorised by the Secretary of State;
A person accused of an offence under this section in relation to a relevant act which would contravene a provision mentioned in subsection (2) may raise any defence which would be open to a person accused of the corresponding offence ancillary to an offence under that provision.
A person convicted of an offence under this section is liable on conviction on indictment to imprisonment for life.
This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.
Nothing in this section prejudices any criminal liability existing apart from this section.
Proceedings for an offence committed under section 47 or 50 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom.
Her Majesty may by Order in Council extend the application of section 47 or 50, so far as it applies to acts done outside the United Kingdom, to bodies incorporated under the law of any of the Channel Islands, the Isle of Man or any colony.
If— he may issue a warrant authorising an authorised officer to enter the premises, if necessary by force, at any time within one month from the time of the issue of the warrant and to search them.
a justice of the peace is satisfied on information on oath that there are reasonable grounds for suspecting that evidence of the commission of an offence under section 47 or 50 is to be found on any premises; or
in Scotland the sheriff is satisfied by evidence on oath as mentioned in paragraph (a),
The powers of a person who enters the premises under the authority of the warrant include power—
to take with him such other persons and such equipment as appear to him to be necessary;
to inspect, seize and retain any substance, equipment or document found on the premises;
to require any document or other information which is held in electronic form and is accessible from the premises to be produced in a form—
in which he can read and copy it; or
from which it can readily be produced in a form in which he can read and copy it;
to copy any document which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50.
A constable who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may—
give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and
search or cause to be searched any person on the premises who the constable has reasonable cause to believe may have in his possession any document or other thing which may be required as evidence for the purposes of proceedings in respect of an offence under section 47 or 50.
No constable shall search a person of the opposite sex.
The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable.
A person who— is guilty of an offence.
wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or
fails without reasonable excuse to comply with a reasonable request made by an authorised officer or a constable for the purpose of facilitating the exercise of such a power,
A person guilty of an offence under subsection (6) is liable—
on summary conviction, to a fine not exceeding the statutory maximum; and
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
In this section “authorised officer” means an authorised officer of the Secretary of State.
Proceedings for a nuclear weapons offence may be instituted by the Director of Public Prosecutions or by order of the Commissioners for Her Majesty’s Revenue and Customsif it appears to the Director or to the Commissioners that the offence has involved—
the development or production outside the United Kingdom of a nuclear weapon;
the movement of a nuclear weapon into or out of any country or territory;
any proposal or attempt to do anything falling within paragraph (a) or (b).
In this section “nuclear weapons offence” means an offence under section 47 or 50 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).
Any proceedings for an offence which are instituted by order of the Commissioners under subsection (1) shall be commenced in the name of an officer of Revenue and Customs , but may be continued by another officer.
Where the Commissioners . . . investigate, or propose to investigate, any matter with a view to determining— that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).
whether there are grounds for believing that a nuclear weapons offence has been committed, or
whether a person should be prosecuted for such an offence,
Nothing in this section affects any powers of any person (including any officer) apart from this section.
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This section does not apply to the institution of proceedings in Scotland.
A person who knowingly or recklessly makes a false or misleading statement for the purpose of obtaining (or opposing the variation or withdrawal of) authorisation for the purposes of section 47 or 50 is guilty of an offence.
A person guilty of an offence under subsection (1) is liable—
on summary conviction, to a fine of an amount not exceeding the statutory maximum;
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).
Where an offence under section 47, 50 or subsection (1) above committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
a director, manager, secretary or other similar officer of the body corporate; or
any person who was purporting to act in any such capacity,
In subsection (3) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Proceedings for an offence under section 47 or 50 shall not be instituted—
in England and Wales, except by or with the consent of the Attorney General;
in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland .
In this Part “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of a part of the United Kingdom.
For this purpose a United Kingdom national is an individual who is—
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who under the British Nationality Act 1981 (c. 61) is a British subject; or
a British protected person within the meaning of that Act.
Her Majesty may by Order in Council direct that any of the provisions of this Part shall extend, with such exceptions and modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands, the Isle of Man or to any British overseas territory.
Schedule 5 (which lists the pathogens and toxins in relation to which the requirements of this Part apply) has effect.
The Secretary of State may by order modify any provision of Schedule 5 (including the notes).
The Secretary of State may not add any pathogen or toxin to that Schedule unless he is satisfied that the pathogen or toxin could be used in an act of terrorism to endanger life or cause serious harm to human health.
In this Part “dangerous substance” means—
anything which consists of or includes a substance for the time being mentioned in Schedule 5; or
anything which is infected with or otherwise carries any such substance.
But something otherwise falling within subsection (4) is not to be regarded as a dangerous substance if—
it satisfies prescribed conditions; or
it is kept or used in prescribed circumstances.
The occupier of any premises must give a notice to the Secretary of State before any dangerous substance is kept or used there.
Subsection (1) does not apply to premises in respect of which a notice has previously been given under that subsection (unless it has been withdrawn).
The occupier of any premises in respect of which a notice has been given may withdraw the notice if no dangerous substance is kept or used there.
A notice under this section must—
identify the premises in which the substance is kept or used;
identify any building or site of which the premises form part; and
contain such other particulars (if any) as may be prescribed.
The occupier of any premises in which any dangerous substance is kept or used on the day on which this section comes into force must give a notice under this section before the end of the period of one month beginning with that day.
Where— the occupier of the premises must give a notice under this section before the end of the period of one month beginning with the day on which that modification comes into force.
a substance which is kept or used in any premises becomes a dangerous substance by virtue of a modification of Schedule 5, but
no other dangerous substance is kept or used there,
A constable may give to the occupier of any relevant premises a notice requiring him to give the chief officer of police such information as is specified or described in the notice by a time so specified and in a form and manner so specified.
The required information must relate to—
any dangerous substance kept or used in the premises; or
the measures taken (whether by the occupier or any other person) to ensure the security of any such substance.
In this Part references to measures taken to ensure the security of any dangerous substance kept or used in any relevant premises include—
measures taken to ensure the security of any building or site of which the premises form part; and
measures taken for the purpose of ensuring access to the substance is given only to those whose activities require access and only in circumstances that ensure the security of the substance.
In this Part “relevant premises” means any premises—
in which any dangerous substance is kept or used, or
in respect of which a notice under section 59 is in force.
A police officer of at least the rank of inspector may give to the occupier of any relevant premises a notice requiring him to give the chief officer of police a list of—
each person who has access to any dangerous substance kept or used there;
each person who, in such circumstances as are specified or described in the notice, has access to such part of the premises as is so specified or described;
each person who, in such circumstances as are specified or described in the notice, has access to the premises; or
each person who, in such circumstances as are specified or described in the notice, has access to any building or site of which the premises form part.
A list under subsection (1) must be given before the end of the period of one month beginning with the day on which the notice is given.
Where a list under subsection (1) is given, the occupier of the premises for the time being—
must secure that only the persons mentioned in the list are given the access identified in the list relating to them; but
may give a supplementary list to the chief officer of police of other persons to whom it is proposed to give access.
Where a supplementary list is given under subsection (3)(b), the occupier of the premises for the time being must secure that persons mentioned in that list do not have the proposed access relating to them until the end of the period of 30 days beginning with the day on which that list is given.
The chief officer of police may direct that a person may have such access before the end of that period.
The Secretary of State may by order modify the period mentioned in subsection (4).
Any list under this section must—
identify the access which the person has, or is proposed to have;
state the full name of that person, his date of birth, his address and his nationality; and
contain such other matters (if any) as may be prescribed.
A constable may give directions to the occupier of any relevant premises requiring him to take such measures to ensure the security of any dangerous substance kept or used there as are specified or described in the directions by a time so specified.
The directions may—
specify or describe the substances in relation to the security of which the measures relate; and
require the occupier to give a notice to the chief officer of police before any other dangerous substance specified or described in the directions is kept or used in the premises.
Where the Secretary of State has reasonable grounds for believing that adequate measures to ensure the security of any dangerous substance kept or used in any relevant premises are not being taken and are unlikely to be taken, he may give a direction to the occupier of the premises requiring him to dispose of the substance.
The direction must—
specify the manner in which, and time by which, the dangerous substance must be disposed of; or
require the occupier to produce the dangerous substance to a person specified or described in the notice in a manner and by a time so specified for him to dispose of.
The Secretary of State may give directions to the occupier of any relevant premises requiring him to secure that the person identified in the directions—
is not to have access to any dangerous substance kept or used there;
is not to have, in such circumstances (if any) as may be specified or described in the directions, access to such part of the premises as is so specified or described;
is not to have, in such circumstances (if any) as may be specified or described in the directions, access to the premises; or
is not to have, in such circumstances (if any) as may be specified or described in the directions, access to any building or site of which the premises form part.
The directions must be given under the hand of the Secretary of State.
The Secretary of State may not give the directions unless he believes that they are necessary in the interests of national security.
A constable may, on giving notice under this section, enter any relevant premises, or any building or site of which the premises form part, at a reasonable time for the purpose of assessing the measures taken to ensure the security of any dangerous substance kept or used in the premises.
The notice must be given to the occupier of the premises, or (as the case may be) the occupier of the building or site of which the premises form part, at least 2 working days before the proposed entry.
The notice must set out the purpose mentioned in subsection (1).
A constable who has entered any premises, building or site by virtue of subsection (1) may for the purpose mentioned in that subsection—
search the premises, building or site;
require any person who appears to the constable to be in charge of the premises, building or site to facilitate any such inspection; and
require any such person to answer any question.
The powers of a constable under this section include power to take with him such other persons as appear to him to be necessary.
If, in England and Wales or Northern Ireland, on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing— and that any of the conditions mentioned in subsection (4) apply, he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them.
that a dangerous substance is kept or used in any premises but that no notice under section 59 is in force in respect of the premises, or
that the occupier of any relevant premises is failing to comply with any direction given to him under section 62 or 63,
If, in Scotland, on an application made by the procurator fiscal the sheriff is satisfied as mentioned in subsection (1), he may issue a warrant authorising a constable to enter the premises, if necessary by force, and to search them.
A constable may seize and retain anything which he believes is or contains a dangerous substance.
The conditions mentioned in subsection (1) are—
that it is not practicable to communicate with any person entitled to grant entry to the premises;
that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to any substance which may be a dangerous substance;
that entry to the premises will not be granted unless a warrant is produced;
that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
An occupier who fails without reasonable excuse to comply with any duty or direction imposed on him by or under this Part is guilty of an offence.
A person who, in giving any information to a person exercising functions under this Part, knowingly or recklessly makes a statement which is false or misleading in a material particular is guilty of an offence.
A person guilty of an offence under this section is liable—
on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both); and
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).
If an offence under this Part committed by a body corporate is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
any officer, or
any other employee of the body corporate who is in charge of any relevant premises or the access to any dangerous substance kept or used there,
In this section “officer”, in relation to a body corporate, means—
any director, manager, secretary or other similar officer of the body corporate; or
any person purporting to act in any such capacity.
Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of any of its members).
A fine imposed on the partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association.
Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate.
In proceedings for an offence brought against the partnership or association—
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) (procedure) apply as they do in relation to a body corporate;
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (procedure) apply as they do in relation to a body corporate;
section 18 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure) apply as they do in relation to a body corporate.
If an offence under this Part committed by a partnership is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
a partner or a person purporting to act as a partner, or
any employee of the partnership who is in charge of any relevant premises or the access to any dangerous substance kept or used there,
If an offence under this Part committed by an unincorporated association is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— he, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.
any officer, or
any employee of the association who is in charge of any relevant premises or the access to any dangerous substance kept or used there,
In subsection (6) “officer”, in relation to any association, means—
any officer of the association or any member of its governing body; or
any person purporting to act in such a capacity.
There shall be a commission, to be known as the Pathogens Access Appeal Commission.
Any person aggrieved by directions given under section 64 may appeal to the Commission.
The Commission must allow an appeal if it considers that the decision to give the directions was flawed when considered in the light of the principles applicable on an application for judicial review.
A party to any appeal under this section which the Commission has determined may bring a further appeal on a question of law to—
the Court of Appeal, if the first appeal was heard in England and Wales;
the Court of Session, if the first appeal was heard in Scotland; or
the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.
An appeal under subsection (4) may be brought only with the permission of—
the Commission; or
where the Commission refuses permission, the court to which the appeal would be brought.
Schedule 6 (constitution of the Commission and procedure) has effect.
Any person who is required to do any act in response to— may appeal to a magistrates’ court against the requirement on the ground that, having regard to all the circumstances of the case, it is unreasonable to be required to do that act.
any notice under section 60, or
any directions under section 62 or 63,
An appeal may not be brought after the end of the period of one month beginning with the day on which the notice or directions were given.
If the magistrates’ court allows the appeal, it may—
direct that the required act need not be done; or
make such modification of the requirement as it considers appropriate.
An appeal shall lie to the Crown Court against any decision of the magistrates’ court.
Subsections (1) to (3) apply to Scotland with the substitution for references to the magistrates’ court of references to the sheriff.
The appeal to the sheriff is by way of summary application.
A further appeal shall lie—
to the sheriff principal from the decision of the sheriff; and
with the leave of the sheriff principal, to the Court of Session from the decision of the sheriff principal.
In the application of this section to Northern Ireland references to a magistrates’ court are to a court of summary jurisdiction.
Any direction or notice under this Part may be given by post.
The power to make an order or regulations under this Part is exercisable by statutory instrument.
A statutory instrument containing an order under section 58 shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
A statutory instrument containing— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
an order under section 61, or
regulations under section 58, 59 or 61,
In this Part—
If no forfeiture order is made in respect of any cash detained under this Schedule, and the cash is not otherwise forfeited in pursuance of a cash forfeiture notice, the person to whom the cash belongs or from whom it was seized may make an application to the magistrates’ court or (in Scotland) the sheriff for compensation. If, for any period after the initial detention of the cash for 48 hours (determined in accordance with paragraph 3(1A)) , the cash was not held in an interest-bearing account while detained, the court or sheriff may order an amount of compensation to be paid to the applicant. The amount of compensation to be paid under sub-paragraph (2) is the amount the court or sheriff thinks would have been earned in interest in the period in question if the cash had been held in an interest-bearing account. If the court or sheriff is satisfied that, taking account of any interest to be paid under this Schedule or any amount to be paid under sub-paragraph (2), the applicant has suffered loss as a result of the detention of the cash and that the circumstances are exceptional, the court or sheriff may order compensation (or additional compensation) to be paid to him . The amount of compensation to be paid under sub-paragraph (4) is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances. If the cash was seized by a customs officer, the compensation is to be paid by the Commissioners of Customs and Excise. If the cash was seized by a constable, the compensation is to be paid as follows— If the cash was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows— If the cash was seized by an immigration officer, the compensation is to be paid by the Secretary of State. If any cash is detained under this Schedule and part only of the cash is forfeited in pursuance of a cash forfeiture notice, this paragraph has effect in relation to the other part. If a forfeiture order is made in respect only of a part of any cash detained under this Schedule, this paragraph has effect in relation to the other part. This paragraph does not apply if the court or sheriff makes an order under paragraph 9.
If cash is detained under this Schedule for more than 48 hours (determined in accordance with paragraph 3(1A)) , it is to be held in an interest-bearing account and the interest accruing on it is to be added to it on its forfeiture or release. In the case of cash seized under paragraph 2(2), the authorised officer must, on paying it into the account, release so much of the cash then held in the account as is not attributable to terrorist cash. Sub-paragraph (1) does not apply if the cash is required as evidence of an offence or evidence in proceedings under this Schedule.
A party to proceedings for an order under paragraph 6 (“a forfeiture order”) who is aggrieved by a forfeiture order made in the proceedings or by the decision of the court or sheriff not to make a forfeiture order may appeal— The appeal must be brought before the end of the period of 30 days beginning with the date on which the order is made or, as the case may be, the decision is given. This is subject to paragraph 7A (extended time for appealing in certain cases of deproscription). The court or sheriff principal hearing the appeal may make any order that appears to the court or sheriff principal to be appropriate. If an appeal against a forfeiture order is upheld, the court or sheriff principal may order the release of the whole or any part of the cash.
“other nuclear premises” means premises other than a nuclear site on which nuclear material is used or stored;
In this Part references to measures taken to ensure the security of any dangerous substance are to be construed in accordance with section 60.
The Secretary of State may, in relation to anything to which this section applies, make an order applying, or making provision corresponding to, any provision of this Part, with or without modifications.
This section applies to—
toxic chemicals (within the meaning of the Chemical Weapons Act 1996 (c. 6));
animal pathogens;
plant pathogens; and
pests.
The power under this section may be exercised in relation to any chemical only if the Secretary of State is satisfied that the chemical could be used in an act of terrorism to endanger life or cause serious harm to human health.
The power under this section may be exercised in relation to any pathogen or pest only if the Secretary of State is satisfied that there is a risk that the pathogen or pest is of a description that could be used in an act of terrorism to cause—
widespread damage to property;
significant disruption to the public; or
significant alarm to the public.
An order under this section may—
provide for any reference in the order to an instrument or other document to take effect as a reference to that instrument or document as revised or re-issued from time to time;
make different provision for different purposes; and
make such incidental, supplementary and transitional provision as the Secretary of State thinks fit.
A statutory instrument containing an order under this section shall not be made unless a draft of it has been laid before and approved by a resolution of each House of Parliament.
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Section 3 of the Special Constables Act 1923 (c. 11) shall have effect as if all nuclear sites that are not for the time being designated under subsection (2) were premises under the control of the United Kingdom Atomic Energy Authority.
The Secretary of State may by order made by statutory instrument designate any nuclear sites which appear to him to be used wholly or mainly for defence purposes as premises to which subsection (1) does not apply.
An AEA constable shall have the powers and privileges (and be liable to the duties and responsibilities) of a constable anywhere within 5 kilometres of the limits of the nuclear sites to which subsection (1) applies.
An AEA constable shall have the powers and privileges (and be liable to the duties and responsibilities) of a constable anywhere it appears to him expedient to go—
in order to safeguard any nuclear material which is being carried (or being trans-shipped or stored incidentally to its carriage) before its delivery at its final destination; or
in order to pursue, arrest, place in the custody of the police, or take to any premises within which the constable was appointed to act, a person who the constable reasonably believes has (or has attempted to) unlawfully remove or interfere with any nuclear material being safeguarded by the constable.
An AEA constable shall have the powers and privileges (and be liable to the duties and responsibilities) of a constable at any place at which he reasonably believes a particular consignment of nuclear material will be trans-shipped or stored incidentally to its carriage, in order to ensure the security of the nuclear material on its arrival at that place.
This section has effect in United Kingdom waters adjacent to Great Britain as it applies in Great Britain.
In this section—
“the public” includes the public of a country other than the United Kingdom.
Property obtained through terrorism is earmarked as terrorist property. But if property obtained through terrorism has been disposed of (since it was so obtained), it is earmarked as terrorist property only if it is held by a person into whose hands it may be followed. Earmarked property obtained through terrorism may be followed into the hands of a person obtaining it on a disposal by—
This paragraph applies where a person who has property earmarked as terrorist property obtains further property consisting of profits accruing in respect of the earmarked property. The further property is to be treated as representing the property obtained through terrorism.
References to a person disposing of his property include a reference— (or to both); and references to the property disposed of are to any property obtained on the disposal. If a person grants an interest in property of his which is earmarked as terrorist property, the question whether the interest is also earmarked is to be determined in the same manner as it is on any other disposal of earmarked property. A person who makes a payment to another is to be treated as making a disposal of his property to the other, whatever form the payment takes. Where a person’s property passes to another under a will or intestacy or by operation of law, it is to be treated as disposed of by him to the other. A person is only to be treated as having obtained his property for value in a case where he gave unexecuted consideration if the consideration has become executed consideration.
A person who claims that any cash detained under this Schedule, or any part of it, belongs to him may apply to a magistrates’ court or (in Scotland) the sheriff for the cash or part to be released to him. The application may be made in the course of proceedings under paragraph 3 or 6 or at any other time. If it appears to the court or sheriff concerned that— the court or sheriff may order the cash to be released to the applicant. If sub-paragraph (5) applies, the court or sheriff may order the cash to be released to the applicant or to the person from whom it was seized. This sub-paragraph applies where— The release condition is met—
Article 61(1) of the Sex Discrimination (Northern Ireland) Order 1976.
Article 29(3) of the Agricultural Marketing (Northern Ireland) Order 1982.
Article 61(2) of the Electricity (Northern Ireland) Order 1992.
Article 44(3) of the Gas (Northern Ireland) Order 1996.
The Police Act 1996 has effect subject to the following amendments.
In section 23 (collaboration agreements between police forces), after subsection (7) insert—
In section 24 (aid of one police force by another), after subsection (4) insert—
In section 25 (provision of special services), after subsection (1) insert—
In section 30 (jurisdiction of constables), after subsection (3) insert—
In section 90(4) (impersonation etc.), before the word “and” at the end of paragraph (a) insert—.
In section 91(2) (causing disaffection), after “applies to” insert “members of the British Transport Police Force and”.
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
In section 105(2) (extent), after the entry relating to section 21 insert “section 25(1A);”.
Section 28(7) of the Health and Safety at Work etc. Act 1974.
Paragraph 7 of Schedule 2 to the Energy Act 1976.
Section 54(8) of the Public Passenger Vehicles Act 1981.
Section 23(4) of the Civil Aviation Act 1982.
Section 449(1) of the Companies Act 1985.
Section 38(2) of the Consumer Protection Act 1987.
Section 17(2) of the Cereals Marketing Act 1965.
Paragraph 7(1) of the Schedule to the Property Misdescriptions Act 1991.
Paragraph 5(1) of Schedule 2 to the Timeshare Act 1992.
Section 3(4) of the Shipping and Trading Interests (Protection) Act 1995.
Section 32(2) of the Chemical Weapons Act 1996.
Section 59(1) of the Data Protection Act 1998.
Section 24 of the Health Act 1999.
Section 6(2) of the Nuclear Safeguards Act 2000.
Paragraph 3(1) of Schedule 7 to the Postal Services Act 2000.
Section 14(2) of the Sea Fish Industry Act 1970.
Section 133(3) of the Fair Trading Act 1973 so far only as it relates to information obtained under or by virtue of any provision of Part 3 of that Act (protection of consumers).
“United Kingdom waters” means waters within the seaward limits of the territorial sea.
An order under subsection (2) shall be laid before Parliament after being made.
The power to make regulations under subsection (7) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may make regulations for the purpose of ensuring the security of—
nuclear sites and other nuclear premises;
nuclear material used or stored on nuclear sites or other nuclear premises and equipment or software used or stored on such sites or premises in connection with activities involving nuclear material;
other radioactive material used or stored on nuclear sites and equipment or software used or stored on nuclear sites in connection with activities involving other radioactive material;
nuclear construction sites and equipment used or stored on such sites;
sensitive nuclear information which is in the possession or control in the United Kingdom of—
a person who is involved in activities on or in relation to a nuclear site or nuclear premises or who is proposing or likely to become so involved;
a person involved in uranium enrichment activities; or
a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);
equipment or software in the United Kingdom which—
is capable of being used in, or in connection with, the enrichment of uranium; and
is in the possession or control of a person involved in uranium enrichment activities;
nuclear material which is being (or is expected to be)—
transported within the United Kingdom or its territorial sea;
transported (outside the United Kingdom and its territorial sea) to or from any nuclear site or other nuclear premises in the United Kingdom; or
carried on board a United Kingdom ship;
information relating to the security of anything mentioned in paragraphs (a) to (e).
The regulations may, in particular—
require a person to produce for the approval of the Secretary of State a plan for ensuring the security of anything mentioned in subsection (1) and to comply with the plan as approved by the Secretary of State;
require compliance with any directions given by the Secretary of State;
impose requirements in relation to any activities by reference to the approval of the Secretary of State;
create summary offences or offences triable either way;
make provision for the purposes mentioned in subsection (1) corresponding to any provision which may be made for the general purposes of Part 1 of the Health and Safety at Work etc. Act 1974 (c. 37) by virtue of section 15(2), (3)(c) and (4) to (8) of that Act (health and safety regulations);
make provision corresponding to any provision which may be made by virtue of section 43(2) to (5), (8) and (9) of that Act (fees), in connection with the performance by or on behalf of the Secretary of State or any other specified body or person of functions under the regulations; and
apply (with or without modifications), or make provision corresponding to, any provision contained in sections 19 to 42 and 44 to 47 of that Act.
An offence under the regulations may be made punishable—
in the case of an offence triable either way—
on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both); and
on summary conviction, with imprisonment for a term not exceeding 12 months (in ... or Scotland) or the general limit in a magistrates’ court (in England and Wales) or 6 months (in Northern Ireland), or a fine (in England and Wales) or a fine not exceeding £20,000 (in Scotland and Northern Ireland), or both; or
in the case of a summary offence, with imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).
In relation to an offence committed before 2 May 2022, the reference to the general limit in a magistrates’ court in subsection (3)(a)(ii), as it has effect in England and Wales, is to be read as a reference to 6 months.
The regulations may make—
provision applying to acts done outside the United Kingdom by United Kingdom persons;
different provision for different purposes; and
such incidental, supplementary and transitional provision as the Secretary of State considers appropriate.
Before making the regulations the Secretary of State shall consult—
the Office for Nuclear Regulation ; and
such other persons as he considers appropriate.
The power to make the regulations is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“intelligence service” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).
While the authorised officer continues to have reasonable grounds for his suspicion, cash seized under this Schedule may be detained initially for a period of 48 hours. In determining the period of 48 hours specified in sub-paragraph (1) there shall be disregarded— The period for which the cash or any part of it may be detained may be extended by an order made by a magistrates’ court or (in Scotland) the sheriff; but the order may not authorise the detention of any of the cash— A justice of the peace may also exercise the power of a magistrates’ court to make the first order under sub-paragraph (2) extending the period. An application to a magistrates' court, a justice of the peace or the sheriff for an order under sub-paragraph (2) making the first extension of the period— An order under sub-paragraph (2) must provide for notice to be given to persons affected by it. An application for an order under sub-paragraph (2)— and the court, sheriff or justice may make the order if satisfied, in relation to any cash to be further detained, that one of the following conditions is met. The first condition is that there are reasonable grounds for suspecting that the cash is intended to be used for the purposes of terrorism and that either— The second condition is that there are reasonable grounds for suspecting that the cash consists of resources of an organisation which is a proscribed organisation and that either— The third condition is that there are reasonable grounds for suspecting that the cash is property earmarked as terrorist property and that either— Where an application for an order under sub-paragraph (2) relates to cash seized under paragraph 2(2), the court, sheriff or justice may make the order if satisfied that—
Cash forfeited under paragraph 6, and any accrued interest on it— But it is not to be paid in—
Article 30(6) of the Health and Safety at Work (Northern Ireland) Order 1978.
Article 442(1) of the Companies (Northern Ireland) Order 1986.
Article 49(2) of the Airports (Northern Ireland) Order 1994.
Article 50(1) of the Race Relations (Northern Ireland) Order 1997.
References in this section to a person involved in uranium enrichment activities are references to a person who is or is proposing to become involved in any of the following activities (whether in the United Kingdom or elsewhere)—
the enrichment of uranium;
activities carried on with a view to, or in connection with, the enrichment of uranium;
the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or
activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c).
Any sums received by virtue of provision made under subsection (2)(f) shall be paid into the Consolidated Fund.
In Schedule 1 to the Nuclear Installations Act 1965 (c. 57) (security provisions applicable by order under section 2 of that Act), paragraphs 5 and 6 shall cease to have effect.
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A person is guilty of an offence if he discloses any information or thing the disclosure of which might prejudice the security of any nuclear site or of any nuclear material—
with the intention of prejudicing that security; or
being reckless as to whether the disclosure might prejudice that security.
The reference in subsection (1) to nuclear material is a reference to— (including nuclear material which is expected to be so held, transported or carried).
nuclear material which is being held on any nuclear site, or
nuclear material anywhere in the world which is being transported to or from a nuclear site or carried on board a British ship,
A person guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both); and
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).
In this section—
“British ship” means a ship (including a ship belonging to Her Majesty) which is registered in the United Kingdom;
“prescribed” means specified or described in the regulations.
This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.
Proceedings for an offence committed outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any place in the United Kingdom.
Nothing in subsection (5) affects any criminal liability arising otherwise than under that subsection.
This section applies to— and for this purpose “the enrichment of uranium” means any treatment of uranium that increases the proportion of the isotope 235 contained in the uranium.
any information about the enrichment of uranium; or
any information or thing which is, or is likely to be, used in connection with the enrichment of uranium;
The Secretary of State may make regulations prohibiting the disclosure of information or things to which this section applies.
A person who contravenes a prohibition is guilty of an offence and liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both); and
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).
The regulations may, in particular, provide for—
a prohibition to apply, or not to apply— as may be prescribed;
to such information or things; and
in such cases or circumstances,
the authorisation by the Secretary of State or the Office for Nuclear Regulation of disclosures that would otherwise be prohibited; and
defences to an offence under subsection (3) relating to any prohibition.
The regulations may—
provide for any prohibition to apply to acts done outside the United Kingdom by United Kingdom persons;
make different provision for different purposes; and
make such incidental, supplementary and transitional provision as the Secretary of State thinks fit.
The power to make the regulations is exercisable by statutory instrument.
The regulations shall not be made unless a draft of the regulations has been laid before and approved by each House of Parliament.
The Secretary of State must consult the Office for Nuclear Regulation before laying a draft of the regulations, unless they give effect, without modification, to any proposals for them submitted by the Office for Nuclear Regulation under section 81(1)(a)(v) of the Energy Act 2013.
In this section—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings for an offence under section 79 or 80 shall not be instituted—
in England and Wales, except by or with the consent of the Attorney General; or
in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland .
In this Part “United Kingdom person” means a United Kingdom national, a Scottish partnership or a body incorporated under the law of any part of the United Kingdom.
For this purpose a United Kingdom national is an individual who is—
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;
a person who under the British Nationality Act 1981 (c. 61) is a British subject; or
a British protected person within the meaning of that Act.
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Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed— he may arrest that person without warrant.
an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in restricted zone or on aircraft);
an offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome),
Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed an offence of contravening a provision of an Order in Council made under section 60 of the Civil Aviation Act 1982 (Air Navigation Orders) and the offence relates to— the constable may arrest that person without warrant.
a provision which prohibits specified behaviour by a person in an aircraft towards a member of the crew of the aircraft,
a provision which prohibits a person from being drunk in an aircraft, in so far as the provision applies to passengers, or
a provision which prohibits specified behaviour by a person, being behaviour which is likely to endanger an aircraft, or a person in an aircraft,
This section shall have effect in relation to an offence committed or alleged to have been committed after the end of the period of two months beginning with the day on which this Act is passed.
In section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome) for “level 1 on the standard scale” substitute “ level 3 on the standard scale ”.
This section shall have effect in relation to an offence committed after the end of the period of two months beginning with the day on which this Act is passed.
At the end of section 21C of the Aviation Security Act 1982 (unauthorised presence in aerodrome) add—
At the end of section 21D of that Act (unauthorised presence on aircraft) add—
After section 20 of the Aviation Security Act 1982 (c. 36) (security directions: inspection) insert—
After section 20A of the Aviation Security Act 1982 (c. 36) (aviation security services) (inserted by section 85)) insert—
In section 23 of the Aviation Security Act 1982 (c. 36) (annual report)—
in subsection (1) after “enforcement notices” insert “ and detention directions ”, and
in subsection (2) for “and enforcement notices” substitute “ , enforcement notices and detention directions ”.
At the end of section 24 of that Act add—
After section 21F of the Aviation Security Act 1982 (air cargo agents) insert—
The powers in section 108(1) and (2) of the Civil Aviation Act 1982 (c. 16) (extension outside United Kingdom) apply to provisions of this Part which amend that Act.
The powers in section 39(3) of the Aviation Security Act 1982 (extension outside United Kingdom) apply to provisions of this Part which amend that Act.
Schedule 8 to the Terrorism Act 2000 (c. 11) (persons detained under terrorism provisions) is amended as follows.
In paragraph 10, at the beginning of sub-paragraph (6) (grounds on which officer may authorise fingerprinting or taking of sample), insert “Subject to sub-paragraph (6A)”; and after that sub-paragraph insert—
In paragraph 20(2), for the subsection (2) substituted by way of modification of section 18 of the Criminal Procedure (Scotland) Act 1995 (c. 46) substitute—
For paragraph 20(3) substitute—
After section 54 of the Police and Criminal Evidence Act 1984 (c. 60) (searches of detained persons) insert—
In section 61(4) of that Act (grounds on which fingerprinting of person detained at a police station may be authorised)—
in paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of section 54A), or both ”;
but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.
After Article 55 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (searches of detained persons) insert—
In Article 61(4) of that Order (grounds on which fingerprinting of person detained at a police station may be authorised)—
in sub-paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of Article 55A), or both ”; and
but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.
After section 64 of the Police and Criminal Evidence Act 1984 (c. 60) insert—
After Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) insert—
After section 60 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—
In section 60A(1) of that Act (retention of things seized under section 60), after “section 60” insert “ or 60AA ”.
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In Part 5 of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), before Article 24 insert—
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In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23A (which is inserted by section 95) insert—
In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23B insert—
Section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of the Ministry of Defence Police) is amended as follows.
In subsection (2) (places where members of Ministry of Defence Police have powers and privileges of constables), omit paragraph (d) (which is superseded by the amendment made by subsection (4) of this section).
In subsection (3) (circumstances in which members of Ministry of Defence Police have powers and privileges of constables in places in United Kingdom not mentioned in subsection (2)), after paragraph (b) insert—.
After that subsection insert—
In subsection (4) (territorial waters)—
for “to (3)” substitute “ to (3D) ”, and
for “subsections (1) and (3)” substitute “ those subsections ”.
In subsection (5)—
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
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After section 2 of the Ministry of Defence Police Act 1987 (c. 4) insert—
Where a member of the British Transport Police Force has been requested by a constable of— (“the requesting force”) to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the British Transport Police Force have for the purposes of that incident, investigation or operation the same powers and privileges as constables of the requesting force.
the police force for any police area,
the Ministry of Defence Police, or
the Civil Nuclear Constabulary,
Members of the British Transport Police Force have in any police area the same powers and privileges as constables of the police force for that police area—
in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence, or
if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury or damage to property .
But members of the British Transport Police Force have powers and privileges by virtue of subsection (2) only if—
they are in uniform or have with them documentary evidence that they are members of that Force, and
they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (1) by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.
In the application of this section to Scotland—
references to a “police area” are references to Scotland; and
references to the “police force” for a police area are references to the Police Service of Scotland.
In this section—
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix), and
Schedule 7 contains amendments relating to the British Transport Police Force and the Ministry of Defence Police.
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The Secretary of State shall issue, and may from time to time revise, a code of practice relating to the retention by communications providers of communications data obtained by or held by them.
The Secretary of State may enter into such agreements as he considers appropriate with any communications provider about the practice to be followed by that provider in relation to the retention of communications data obtained by or held by that provider.
A code of practice or agreement under this section may contain any such provision as appears to the Secretary of State to be necessary—
for the purpose of safeguarding national security; or
for the purposes of prevention or detection of crime or the prosecution of offenders which may relate directly or indirectly to national security.
A failure by any person to comply with a code of practice or agreement under this section which is for the time being in force shall not of itself render him liable to any criminal or civil proceedings.
A code of practice or agreement under this section which is for the time being in force shall be admissible in evidence in any legal proceedings in which the question arises whether or not the retention of any communications data is justified on the grounds that a failure to retain the data would be likely to prejudice national security, the prevention or detection of crime or the prosecution of offenders.
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Before issuing the code of practice under section 102 the Secretary of State shall— and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.
prepare and publish a draft of the code; and
consider any representations made to him about the draft;
Before publishing a draft of the code the Secretary of State shall consult with—
the Information Commissioner; and
the communications providers to whom the code will apply.
The Secretary of State may discharge his duty under subsection (2) to consult with any communications providers by consulting with a person who appears to him to represent those providers.
The Secretary of State shall lay before Parliament the draft code of practice under section 102 that is prepared and published by him under this section.
The code of practice issued by the Secretary of State under section 102 shall not be brought into force except in accordance with an order made by the Secretary of State by statutory instrument.
An order under subsection (5) may contain such transitional provisions and savings as appear to the Secretary of State to be necessary or expedient in connection with the coming into force of the code to which the order relates.
The Secretary of State shall not make an order under this section unless a draft of the order has been laid before Parliament and approved by resolution of each House.
The Secretary of State may from time to time—
revise the whole or any part of the code issued under section 102; and
issue the revised code.
The preceding provisions of this section shall apply (with appropriate modifications) in relation to the issue of any revised code under section 102 as they apply in relation to the first issuing of the code.
Subsection (9) shall not, in the case of a draft of a revised code, require the Secretary of State to consult under subsection (2) with any communications providers who would not be affected by the proposed revisions.
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If, after reviewing the operation of any requirements contained in the code of practice and any agreements under section 102, it appears to the Secretary of State that it is necessary to do so, he may by order made by statutory instrument authorise the giving of directions under this section for purposes prescribed in section 102(3).
Where any order under this section is in force, the Secretary of State may give such directions as he considers appropriate about the retention of communications data—
to communications providers generally;
to communications providers of a description specified in the direction; or
to any particular communications providers or provider.
An order under this section must specify the maximum period for which a communications provider may be required to retain communications data by any direction given under this section while the order is in force.
Before giving a direction under this section the Secretary of State shall consult—
with the communications provider or providers to whom it will apply; or
except in the case of a direction confined to a particular provider, with the persons appearing to the Secretary of State to represent the providers to whom it will apply.
A direction under this section must be given or published in such manner as the Secretary of State considers appropriate for bringing it to the attention of the communications providers or provider to whom it applies.
It shall be the duty of a communications provider to comply with any direction under this section that applies to him.
The duty imposed by subsection (6) shall be enforceable by civil proceedings by the Secretary of State for an injunction, or for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36), or for any other appropriate relief.
The Secretary of State shall not make an order under this section unless a draft of it has been laid before Parliament and approved by a resolution of each House.
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Section 104 shall cease to have effect at the end of the initial period unless an order authorising the giving of directions is made under that section before the end of that period.
Subject to subsection (3), the initial period is the period of two years beginning with the day on which this Act is passed.
The Secretary of State may by order made by statutory instrument extend, or (on one or more occasions) further extend the initial period.
An order under subsection (3)—
must be made before the time when the initial period would end but for the making of the order; and
shall have the effect of extending, or further extending, that period for the period of two years beginning with that time.
The Secretary of State shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.
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It shall be the duty of the Secretary of State to ensure that such arrangements are in force as he thinks appropriate for authorising or requiring, in such cases as he thinks fit, the making to communications providers of appropriate contributions towards the costs incurred by them—
in complying with the provisions of any code of practice, agreement or direction under this Part, or
as a consequence of the retention of any communications data in accordance with any such provisions.
For the purpose of complying with his duty under this section, the Secretary of State may make arrangements for the payments to be made out of money provided by Parliament.
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In this Part— and any reference in this Part to the prevention or detection of crime shall be construed as if contained in Chapter 2 of Part 1 of that Act.
References in this Part, in relation to any code of practice, agreement or direction, to the retention by a communications provider of any communications data include references to the retention of any data obtained by that provider before the time when the code was issued, the agreement made or the direction given, and to data already held by that provider at that time.
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For the purposes of any common law offence of bribery it is immaterial if the functions of the person who receives or is offered a reward have no connection with the United Kingdom and are carried out in a country or territory outside the United Kingdom.
In section 1 of the Prevention of Corruption Act 1906 (c. 34) (corrupt transactions with agents) insert this subsection after subsection (3)—
In section 7 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (interpretation relating to corruption in office) in the definition of “public body” for “but does not include any public body as above defined existing elsewhere than in the United Kingdom” substitute “and includes any body which exists in a country or territory outside the United Kingdom and is equivalent to any body described above”.
In section 4(2) of the Prevention of Corruption Act 1916 (c. 64) (in the 1889 and 1916 Acts public body includes local and public authorities of all descriptions) after “descriptions” insert “(including authorities existing in a country or territory outside the United Kingdom)”.
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This section applies if—
a national of the United Kingdom or a body incorporated under the law of any part of the United Kingdom does anything in a country or territory outside the United Kingdom, and
the act would, if done in the United Kingdom, constitute a corruption offence (as defined below).
In such a case—
the act constitutes the offence concerned, and
proceedings for the offence may be taken in the United Kingdom.
These are corruption offences—
any common law offence of bribery;
the offences under section 1 of the Public Bodies Corrupt Practices Act 1889 (c. 69) (corruption in office);
the first two offences under section 1 of the Prevention of Corruption Act 1906 (c. 34) (bribes obtained by or given to agents).
A national of the United Kingdom is an individual who is—
a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 (c. 61) is a British subject, or
a British protected person within the meaning of that Act.
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At any time before 1st July 2002, an authorised Minister may by regulations make provision—
for the purpose of implementing any obligation of the United Kingdom created or arising by or under any third pillar measure or enabling any such obligation to be implemented,
for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of any third pillar measure to be exercised, or
for the purpose of dealing with matters arising out of or related to any such obligation or rights.
For the purposes of subsection (1), the following are third pillar measures—
the 1995 Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union,
the 1996 Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union,
any framework decision adopted under Article 34 of the Treaty on European Union on the execution in the European Union of orders freezing property or evidence, on joint investigation teams, or on combatting terrorism, and
the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with Article 34 of the Treaty on European Union.
The provision that may be made under subsection (1) includes, subject to subsection (4), any such provision (of any such extent) as might be made by Act of Parliament.
The powers conferred by subsection (1) do not include power—
to make any provision imposing or increasing taxation,
to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision,
to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for a court or tribunal, or
to create, except in accordance with subsection (6), a criminal offence which is punishable—
on conviction on indictment, with imprisonment for more than two years,
on summary conviction, with imprisonment for more than three months,
on summary conviction, with a fine (not calculated on a daily basis) of more than level 5 on the standard scale or (for an offence triable either way) more than the statutory maximum, or
on summary conviction, with a fine of more than £100 a day.
Subsection (4)(c) does not preclude the modification of a power to legislate conferred otherwise than under subsection (1), or the extension of any such power to purposes of the like nature as those for which it was conferred, and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (4)(c).
Subsection (4)(d) does not preclude the creation of an offence punishable on conviction on indictment with imprisonment for a term of any length if—
the offence is one for which a term of that length, a term of at least that length, or a term within a range of lengths including that length, is required for the offence by an obligation created or arising by or under any third pillar measure,
the offence, if committed in particular circumstances, would be an offence falling within paragraph (a), or
the offence is not committed in the United Kingdom but would, if committed in the United Kingdom, or a part of the United Kingdom, be punishable on conviction on indictment with imprisonment for a term of that length.
“Authorised Minister” in section 111(1) has the meaning given by subsections (2) and (3).
The Scottish Ministers are authorised Ministers for any purpose for which powers under section 111(1) are exercisable within devolved competence (within the meaning of the Scotland Act 1998 (c. 46)).
For any other purpose, the following are authorised Ministers—
the Secretary of State,
the Lord Chancellor,
the Treasury,
the National Assembly for Wales, if designated under subsection (4),
the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland department, if the Ministers are, or the Minister or the department is, designated under subsection (4).
A designation under this subsection may be made by Order in Council in relation to any matter or for any purpose, and is subject to any restriction or condition specified in the Order.
An Order in Council under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.
The power to make regulations under section 111(1)—
in the case of the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland Department, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)),
in any other case, is exercisable by statutory instrument.
No regulations may be made under section 111(1) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
Subsection (7) has effect, so far as it relates to the exercise of powers under section 111(1) by the Scottish Ministers, as if the reference to each House of Parliament were a reference to the Scottish Parliament.
Subsection (7) does not apply to a statutory instrument containing regulations made by the National Assembly for Wales unless the statutory instrument contains regulations— and in this subsection expressions used in the Government of Wales Act 1998 (c. 38) have the same meaning as in that Act.
made by the Secretary of State, the Lord Chancellor or the Treasury (whether or not jointly with the Assembly),
relating to an English border area, or
relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales);
Subsection (7) has effect, so far as it relates to the exercise of powers under section 111(1) by the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland department, as if the reference to each House of Parliament were a reference to the Northern Ireland Assembly.
A person who takes any action which— is guilty of an offence.
involves the use of a noxious substance or other noxious thing;
has or is likely to have an effect falling within subsection (2); and
is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public,
Action has an effect falling within this subsection if it— but any effect on the person taking the action is to be disregarded.
causes serious violence against a person anywhere in the world;
causes serious damage to real or personal property anywhere in the world;
endangers human life or creates a serious risk to the health or safety of the public or a section of the public; or
induces in members of the public the fear that the action is likely to endanger their lives or create a serious risk to their health or safety;
A person who— is guilty of an offence.
makes a threat that he or another will take any action which constitutes an offence under subsection (1); and
intends thereby to induce in a person anywhere in the world the fear that the threat is likely to be carried out,
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine (or both).
In this section—
“sensitive nuclear information” means—
Where property obtained through terrorism (“the original property”) is or has been earmarked as terrorist property, property which represents the original property is also earmarked. If a person enters into a transaction by which— the other property represents the original property. If a person disposes of earmarked property which represents the original property, the property may be followed into the hands of the person who obtains it (and it continues to represent the original property).
If— the property may not be followed into that person’s hands and, accordingly, it ceases to be earmarked. If— the property ceases to be earmarked. In relation to Scotland, “claimant” and “defendant” are to be read as “pursuer” and “defender”; and, in relation to Northern Ireland, “claimant” is to be read as “plaintiff”. If— the property ceases to be earmarked. If— the property ceases to be earmarked. If— the property ceases to be earmarked. If— the property ceases to be earmarked. Where— this paragraph does not affect the question whether (by virtue of paragraph 13(2)) any property obtained on the transaction in place of the property disposed of is earmarked.
While cash is detained under this Schedule, an application for the forfeiture of the whole or any part of it may be made— The court or sheriff may order the forfeiture of the cash or any part of it if satisfied that the cash or part is terrorist cash. In the case of property earmarked as terrorist property which belongs to joint tenants one of whom is an excepted joint owner, the order may not apply to so much of it as the court or sheriff thinks is attributable to the excepted joint owner’s share. An excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him) be earmarked; and references to his share of the earmarked property are to so much of the property as would have been his if the joint tenancy had been severed.
The Police (Scotland) Act 1967 has effect subject to the following amendments.
Section 11 (aid of one police force by another) is amended as follows. In subsection (2), for “Secretary of State” substitute “appropriate Minister or Ministers” and after “he” insert “or they”. In subsection (4), for “Secretary of State” substitute “appropriate Ministers”. After that subsection insert—
Section 12 (collaboration agreements) is amended as follows. In subsection (3), for “Secretary of State” substitute “Scottish Ministers”. For subsection (5) substitute—
Section 17 (general functions and jurisdiction of constables) is amended as follows. After subsection (4) insert— In subsection (7)(a), after “first-mentioned force” insert “or, if he is serving with the British Transport Police Force, the Chief Constable of that Force”.
Section 42 (causing disaffection) is amended as follows. In subsection (1), after “force” insert “or of the British Transport Police Force”. In subsection (2), after “constable” insert “or a member of the British Transport Police Force”.
Section 43 (impersonation etc.) is amended as follows. After subsection (2) insert— In subsection (3), after “police authority” insert “or by the British Transport Police Committee”. After that subsection insert—
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix) ;
Section 113 applies to conduct done—
in the United Kingdom; or
outside the United Kingdom which satisfies the following two conditions.
The first condition is that the conduct is done for the purpose of advancing a political, religious , racial or ideological cause.
The second condition is that the conduct is—
by a United Kingdom national or a United Kingdom resident;
by any person done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person; or
by any person done in circumstances which fall within section 63D(1)(b) and (c) or (3)(b) and (c) of the Terrorism Act 2000.
The following expressions have the same meaning as they have for the purposes of sections 63C and 63D of that Act—
“United Kingdom national”;
“United Kingdom resident”;
“protected person”.
For the purposes of this section it is immaterial whether a person knows that another is a United Kingdom national, a United Kingdom resident or a protected person.
A person is guilty of an offence if he— with the intention of inducing in a person anywhere in the world a belief that it is likely to be (or contain) a noxious substance or other noxious thing and thereby endanger human life or create a serious risk to human health.
places any substance or other thing in any place; or
sends any substance or other thing from one place to another (by post, rail or any other means whatever);
A person is guilty of an offence if he communicates any information which he knows or believes to be false with the intention of inducing in a person anywhere in the world a belief that a noxious substance or other noxious thing is likely to be present (whether at the time the information is communicated or later) in any place and thereby endanger human life or create a serious risk to human health.
A person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and
on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both).
Proceedings for an offence committed under section 113 outside the United Kingdom are not to be started—
in England and Wales, except by or with the consent of the Attorney General;
in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.
Proceedings for an offence committed under section 113 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, in any part of the United Kingdom.
In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (1)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
For the purposes of sections 113 and 114 “substance” includes any biological agent and any other natural or artificial substance (whatever its form, origin or method of production).
For a person to be guilty of an offence under section 113(3) or 114 it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief in question.
In section 7 of the Intelligence Services Act 1994 (c. 13) (authorisation of acts outside the British Islands), in subsection (3) —
in paragraphs (a) and (b)(i), after “the Intelligence Service” insert, in each case, “ or GCHQ ”; and
in paragraph (c), after “2(2)(a)” insert “ or 4(2)(a) ”.
After subsection (8) of that section insert—
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The Terrorism Act 2000 (c. 11) is amended as follows.
After section 38 insert—
In section 39(3) (disclosure of information etc.), after “21” insert “ or 38B ”.
Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.
In paragraph 2(2)(b), at the end insert “or his travelling by air within Great Britain or within Northern Ireland.”
In paragraph 2(3), for “in Great Britain or Northern Ireland.” substitute “ at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). ”
For paragraph 9(2) substitute—
Paragraph 17 of Schedule 7 to the Terrorism Act 2000 (c. 11) (port and border controls: passenger information) is amended as follows.
For sub-paragraph (1) substitute—
In sub-paragraph (4)—
omit the “or” at the end of paragraph (b), and
after paragraph (c) add—, or
In section 54(1) and (2) of the Terrorism Act 2000 (weapons training for terrorists), after paragraph (a) insert—.
In section 55 of that Act (definitions)—
“biological weapon” means a biological agent or toxin (within the meaning of the Biological Weapons Act 1974) in a form capable of use for hostile purposes or anything to which section 1(1)(b) of that Act applies,
“radioactive material” means radioactive material capable of endangering life or causing harm to human health, and
the definition of “nuclear weapon” shall cease to have effect.
The Terrorism Act 2000 (c. 11) is amended as follows.
In paragraph 18 of Schedule 5 (terrorist investigations: application to Northern Ireland)—
omit paragraph (e);
in paragraph (g) for “county court judge” substitute “ Crown Court judge ”.
In paragraph 20 of that Schedule (powers of Secretary of State), in sub-paragraphs (2) and (3)(a) for “county court judge” substitute “ Crown Court judge ”.
In paragraph 3(c) of Schedule 6 (persons by whom financial information orders may be made) for “county court judge” substitute “ Crown Court judge ”.
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The Secretary of State shall appoint a committee to conduct a review of this Act.
He must seek to secure that at any time there are not fewer than seven members of the committee.
A person may be a member of the committee only if he is a member of the Privy Council.
The committee shall complete the review and send a report to the Secretary of State not later than the end of two years beginning with the day on which this Act is passed.
The Secretary of State shall lay a copy of the report before Parliament as soon as is reasonably practicable.
The Secretary of State may make payments to persons appointed as members of the committee.
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A report under section 122(4) may specify any provision of this Act as a provision to which this section applies.
Subject to subsection (3), any provision specified under subsection (1) ceases to have effect at the end of the period of 6 months beginning with the day on which the report is laid before Parliament under section 122(5).
Subsection (2) does not apply if before the end of that period a motion has been made in each House of Parliament considering the report.
A Minister of the Crown may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.
An order under this section may, in particular, make provision—
for applying (with or without modifications) or amending, repealing or revoking any provision of or made under an Act passed before this Act or in the same Session,
for making savings, or additional savings, from the effect of any repeal or revocation made by or under this Act.
Amendments made under this section are in addition, and without prejudice, to those made by or under any other provision of this Act.
No other provision of this Act restricts the powers conferred by this section.
An order under this section may make different provision for different purposes.
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this Part, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).
The enactments mentioned in Schedule 8 are repealed or revoked to the extent specified in the second column of that Schedule.
There shall be paid out of money provided by Parliament—
any expenditure incurred by a Minister of the Crown by virtue of this Act, and
any increase attributable to this Act in the sums payable out of money so provided under any other enactment.
Except as provided in subsections (2) to (4), this Act comes into force on such day as the Secretary of State may appoint by order.
The following provisions come into force on the day on which this Act is passed—
Parts 2 to 6,
Part 8, except section 78,
Part 9, except sections 84 and 87,
sections 89 to 97,
sections 98 to 100, except so far as they extend to Scotland,
section 101 and Schedule 7, except so far as they relate to the entries in respect of the Police (Scotland) Act 1967,
Part 11,
Part 13, except section 121,
this Part, except section 125 and Schedule 8 so far as they relate to the entries—
in Part 1 of Schedule 8,
in Part 5 of Schedule 8, in respect of the Nuclear Installations Act 1965,
in Part 6 of Schedule 8, in respect of the British Transport Commission Act 1962 and the Ministry of Defence Police Act 1987, so far as those entries extend to Scotland,
in Part 7 of Schedule 8, in respect of Schedule 5 to the Terrorism Act 2000.
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—
section 84,
section 87.
The following provisions come into force on such day as the Secretary of State and the Scottish Ministers, acting jointly, may appoint by order—
sections 98 to 100, so far as they extend to Scotland,
section 101 and Schedule 7, so far as they relate to the entries in respect of the Police (Scotland) Act 1967, and
section 125 and Schedule 8, so far as they relate to the entries in Part 6 of Schedule 8 in respect of the British Transport Commission Act 1962 and the Ministry of Defence Police Act 1987, so far as those entries extend to Scotland.
Different days may be appointed for different provisions and for different purposes.
An order under this section—
must be made by statutory instrument, and
may contain incidental, supplemental, consequential or transitional provision.
The following provisions do not extend to Scotland—
Part 5,
Part 12,
in Part 6 of Schedule 8, the repeals in the Criminal Justice and Police Order Act 1994 and in the Crime and Disorder Act 1998.
The following provisions do not extend to Northern Ireland—
section 76,
section 100.
Except as provided in subsections (1) and (2), an amendment, repeal or revocation in this Act has the same extent as the enactment amended, repealed or revoked.
This Act may be cited as the Anti-terrorism, Crime and Security Act 2001.
Section 1
This paragraph applies while any cash is detained in pursuance of an order under paragraph 3(2). A senior officer may give a notice for the purpose of forfeiting the cash or any part of it if satisfied that the cash or part is terrorist cash. A notice given under sub-paragraph (2) is referred to in this Schedule as a cash forfeiture notice. A cash forfeiture notice must— The period for objecting must be at least 30 days starting with the day after the notice is given. The Secretary of State must by regulations made by statutory instrument make provision about how a cash forfeiture notice is to be given. The regulations may (amongst other things) provide— The regulations must ensure that where a cash forfeiture notice is given it is, if possible, given to every person to whom notice of an order under paragraph 3(2) in respect of the cash has been given. A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament. In this Part of this Schedule—
This paragraph applies if a cash forfeiture notice is given in respect of any cash. The cash is to be detained until— If no objection is made within the period for objecting specified in the notice under paragraph 5A(4)(d), and the notice has not lapsed, the cash is forfeited (subject to paragraph 5D). If an objection is made within the period for objecting, the notice lapses. If an application is made for the forfeiture of the whole or any part of the cash under paragraph 6, the notice lapses. If the cash or any part of it is released under a power conferred by this Schedule, the notice lapses or (as the case may be) lapses in relation to that part. An objection may be made by anyone (whether a recipient of the notice or not). An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address. An objection does not prevent forfeiture of the cash under paragraph 6. Nothing in this paragraph affects the validity of an order under paragraph 3(2).
This paragraph applies if— The cash may be detained for a further period of up to 48 hours (calculated in accordance with paragraph 3(1A)). But if within that period it is decided that neither of the applications mentioned in sub-paragraph (4) is to be made, the cash must be released. The applications are— If within that period an application is made for a further order under paragraph 3(2), the cash may be detained until the application is determined or otherwise disposed of.
A person aggrieved by the forfeiture of cash in pursuance of paragraph 5B(3) may apply to a magistrates' court or (in Scotland) the sheriff for an order setting aside the forfeiture of the cash or any part of it. The application must be made before the end of the period of 30 days starting with the day on which the period for objecting ended (“the 30-day period”). But the court or sheriff may give permission for an application to be made after the 30-day period has ended if the court or sheriff thinks that there are exceptional circumstances to explain why the applicant— On an application under this paragraph the court or sheriff must consider whether the cash to which the application relates could be forfeited under paragraph 6 (ignoring the forfeiture mentioned in sub-paragraph (1)). If the court or sheriff is satisfied that the cash to which the application relates or any part of it could not be forfeited under that paragraph the court or sheriff must set aside the forfeiture of that cash or part. Where the court or sheriff sets aside the forfeiture of any cash—
This paragraph applies while any cash is detained under paragraph 5B or 5C. The person from whom the cash was seized may apply to a magistrates' court or (in Scotland) the sheriff for the cash to be released. On an application under sub-paragraph (2), the court or sheriff may direct the release of the cash or any part of it if not satisfied that the cash to be released is terrorist cash. An authorised officer may release the cash or any part of it if satisfied that the detention of the cash to be released is no longer justified.
Cash forfeited in pursuance of paragraph 5B(3), and any accrued interest on it— But it is not to be paid in—
This paragraph applies where— Where this paragraph applies, an appeal under paragraph 7 above against the forfeiture order may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force. In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.
Cash is not to be released under any power or duty conferred or imposed by this Schedule (and so is to continue to be detained)—
if an application for its forfeiture under paragraph 6, or for its release under paragraph 9, is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;
if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cash is connected, until the proceedings are concluded.
In this Part of this Schedule, a “listed asset” means an item of property that falls within one of the following descriptions of property— The Secretary of State may by regulations made by statutory instrument amend sub-paragraph (1)— A statutory instrument containing regulations under sub-paragraph (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. In this paragraph—
An authorised officer may seize any item of property if the authorised officer has reasonable grounds for suspecting that— An authorised officer may also seize any item of property if—
Property seized under paragraph 10B may be detained for an initial period of 48 hours. Sub-paragraph (1) authorises the detention of property only for so long as an authorised officer continues to have reasonable grounds for suspicion in relation to that property as described in paragraph 10B(1) or (2) (as the case may be). In calculating a period of hours for the purposes of this paragraph, no account shall be taken of—
The period for which property seized under paragraph 10B, or any part of that property, may be detained may be extended by an order made— An order under sub-paragraph (1) may not authorise the detention of any property— A justice of the peace may also exercise the power of a magistrates' court to make the first order under sub-paragraph (1) extending a particular period of detention. An application to a magistrates' court, a justice of the peace or the sheriff to make the first order under sub-paragraph (1) extending a particular period of detention— An application for an order under sub-paragraph (1) may be made— The court, sheriff or justice may make the order if satisfied, in relation to the item of property to be further detained, that— Condition 1 is that there are reasonable grounds for suspecting that the property is intended to be used for the purposes of terrorism and that either— Condition 2 is that there are reasonable grounds for suspecting that the property consists of resources of an organisation which is a proscribed organisation and that either— Condition 3 is that there are reasonable grounds for suspecting that the property is property earmarked as terrorist property and that either— Where an application for an order under sub-paragraph (1) relates to an item of property seized under paragraph 10B(2), the court, sheriff or justice may make the order if satisfied that— An order under sub-paragraph (1) must provide for notice to be given to persons affected by it.
An authorised officer may carry out (or arrange for the carrying out of) tests on any item of property seized under paragraph 10B for the purpose of establishing whether it is a listed asset. An authorised officer must arrange for any item of property seized under paragraph 10B to be safely stored throughout the period during which it is detained under this Part of this Schedule.
This paragraph applies while any property is detained under this Part of this Schedule. A magistrates' court or (in Scotland) the sheriff may direct the release of the whole or any part of the property if satisfied, on an application by the person from whom the property was seized, that the conditions in paragraph 10C or 10D (as the case may be) for the detention of the property are no longer met in relation to the property to be released. An authorised officer or (in Scotland) a procurator fiscal may, after notifying the magistrates' court, sheriff or justice under whose order property is being detained, release the whole or any part of it if satisfied that the detention of the property to be released is no longer justified. But property is not to be released under this paragraph— See also paragraph 10G(7).
While property is detained under this Part of this Schedule, an application for the forfeiture of the whole or any part of it may be made— The court or sheriff may order the forfeiture of the property or any part of it if satisfied that— An order under sub-paragraph (2) made by a magistrates' court may provide for payment under paragraph 10N of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of— A sum in respect of a relevant item of expenditure is not payable under paragraph 10N in pursuance of provision under sub-paragraph (3) unless— For the purposes of sub-paragraph (4)— Sub-paragraph (2) ceases to apply on the transfer of an application made under this paragraph in accordance with paragraph 10J(1)(a) or (b). Where an application for the forfeiture of any property is made under this paragraph, the property is to be detained (and may not be released under any power conferred by this Part of this Schedule) until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded. Where the property to which the application relates is being detained under this Part of this Schedule as part of an item of property, having been seized under paragraph 10B(2), sub-paragraph (7) is to be read as if it required the continued detention of the whole of the item of property. For the purposes of sub-paragraph (5)(c), a “senior officer” means— In sub-paragraph (9), a “senior police officer” means a police officer of at least the rank of superintendent.
Paragraphs 10I and 10J apply if— Paragraphs 10I and 10J also apply in England and Wales and Northern Ireland if— In this paragraph and paragraphs 10I and 10J “associated property” means property of any of the following descriptions that is not itself the forfeitable property— References to property being associated with forfeitable property are to be read accordingly. In this paragraph and paragraphs 10I and 10J the “forfeitable property” means the property in relation to which the court or sheriff is satisfied as mentioned in sub-paragraph (1)(c) or (2)(c) (as the case may be). For the purposes of this paragraph and paragraphs 10I and 10J—
Where— the magistrates' court or sheriff may, instead of making an order under paragraph 10G(2), make an order requiring the person who holds the associated property or who is the excepted joint owner to make a payment to a person identified in the order. The amount of the payment is (subject to sub-paragraph (3)) to be the amount which the persons referred to in sub-paragraph (1)(b) agree represents— The amount of the payment may be reduced if the person who applied for the order under paragraph 10G agrees that the other party to the agreement has suffered loss as a result of the seizure of the forfeitable property and any associated property under paragraph 10B and its subsequent detention. The reduction that is permissible by virtue of sub-paragraph (3) is such amount as the parties to the agreement agree is reasonable, having regard to the loss suffered and any other relevant circumstances. An order under sub-paragraph (1) may, so far as required for giving effect to the agreement, include provision for vesting, creating or extinguishing any interest in property. An order under sub-paragraph (1) made by a magistrates' court may provide for payment under sub-paragraph (11) of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of— A sum in respect of a relevant item of expenditure is not payable under sub-paragraph (11) in pursuance of provision under sub-paragraph (6) unless— For the purposes of sub-paragraph (7)— If there is more than one item of associated property or more than one excepted joint owner, the total amount to be paid under sub-paragraph (1), and the part of that amount which is to be provided by each person who holds any such associated property or who is an excepted joint owner, is to be agreed between both (or all) of them and the person who applied for the order under paragraph 10G. If the person who applied for the order under paragraph 10G was an authorised officer, that person may enter into an agreement for the purposes of any provision of this paragraph only if the person is a senior officer or is authorised to do so by a senior officer. An amount received under an order under sub-paragraph (1) must be applied as follows—
Where this paragraph applies and there is no agreement under paragraph 10I, the magistrates' court or sheriff— The “relevant court” is— Where (under sub-paragraph (1)(a) or (b)) an application made under paragraph 10G is transferred to the relevant court, the relevant court may order the forfeiture of the property to which the application relates, or any part of that property, if satisfied that— An order under sub-paragraph (3) made by the High Court may include provision of the type that may be included in an order under paragraph 10G(2) made by a magistrates' court by virtue of paragraph 10G(3). If provision is included in an order of the High Court by virtue of sub-paragraph (4) of this paragraph, paragraph 10G(4) and (5) apply with the necessary modifications. The relevant court may, as well as making an order under sub-paragraph (3), make an order— Where (under sub-paragraph (1)(b)) the magistrates' court or sheriff decides not to transfer an application made under paragraph 10G to the relevant court, the magistrates' court or sheriff may, as well as making an order under paragraph 10G(2), make an order— An order under sub-paragraph (6) or (7) may be made only if the relevant court, the magistrates' court or the sheriff (as the case may be) thinks it just and equitable to do so. An order under sub-paragraph (6) or (7) must provide for the payment of an amount to the person who holds the associated property or who is an excepted joint owner. In making an order under sub-paragraph (6) or (7), and including provision in it by virtue of sub-paragraph (9), the relevant court, the magistrates' court or the sheriff (as the case may be) must have regard to— If the relevant court, the magistrates' court or the sheriff (as the case may be) is satisfied that— an order under sub-paragraph (6) or (7) may require the payment of compensation to that person. The amount of compensation to be paid by virtue of sub-paragraph (11) is the amount the relevant court, the magistrates' court or the sheriff (as the case may be) thinks reasonable, having regard to the loss suffered and any other relevant circumstances. Compensation to be paid by virtue of sub-paragraph (11) is to be paid in the same way that compensation is to be paid under paragraph 10P.
Any party to proceedings for an order for the forfeiture of property under paragraph 10G may appeal against— Paragraphs (c) and (d) do not apply if the application for the order under paragraph 10G was transferred in accordance with paragraph 10J(1)(a) or (b). Where an order under paragraph 10I is made by a magistrates' court, any party to the proceedings for the order (including any party to the proceedings under paragraph 10G that preceded the making of the order) may appeal against a decision to include, or not to include, provision in the order under sub-paragraph (6) of paragraph 10I. An appeal under this paragraph lies— An appeal under this paragraph must be made before the end of the period of 30 days starting with the day on which the court makes the order or decision. Sub-paragraph (4) is subject to paragraph 10L. The court hearing the appeal may make any order it thinks appropriate. If the court upholds an appeal against an order forfeiting property, it may order the release of the whole or any part of the property.
Section 3
The Terrorism Act 2000 is amended as follows. The following section is inserted after section 38— The following Schedule is inserted after Schedule 6—
Part 1 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders under section 23 of that Act: England and Wales) is amended as follows. The High Court may also make a restraint order under this paragraph where— In paragraph 5(3) for “the proceedings” substitute “any proceedings”. In this paragraph “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. A restraint order made under paragraph 5(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded. A restraint order made under paragraph 5(2) shall in particular be discharged on an application under sub-paragraph (2)— In paragraph 8(3) for “the proposed proceedings” substitute “any proceedings for an offence under any of sections 15 to 18”. In paragraph 9(1) (compensation where restraint order discharged) for “paragraph 6(3)(a)” substitute “paragraph 6(4)(a)”.
Part 2 of Schedule 4 to the Terrorism Act 2000 (c. 11) (forfeiture orders under section 23 of that Act: Scotland) is amended as follows. The Court of Session may also make a restraint order on such an application where— In paragraph 18(3) for “the proceedings” substitute “any proceedings”. In this paragraph “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. A restraint order made under paragraph 18(1) shall in particular be recalled on an application under sub-paragraph (2) if the proceedings for the offence have been concluded. A restraint order made under paragraph 18(2) shall in particular be discharged on an application under sub-paragraph (2)— In paragraph 23(1) for “19(3)(a)” substitute “19(3A)(a)”.
Part 3 of Schedule 4 to the Terrorism Act 2000 (forfeiture orders under section 23 of that Act: Northern Ireland) is amended as follows. The High Court may also make a restraint order under this paragraph where— In paragraph 33(3) for “the proceedings” substitute “any proceedings”. In this paragraph “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence. A restraint order made under paragraph 33(1) shall in particular be discharged on an application under sub-paragraph (2) if the proceedings for the offence have been concluded. A restraint order made under paragraph 33(2) shall in particular be discharged on an application under sub-paragraph (2)— In paragraph 38(4), in the definition of “prosecutor”, for “the proposed proceedings” substitute “any proceedings for an offence under any of sections 15 to 18”. In paragraph 39(1) (compensation where restraint order discharged) for “paragraph 34(3)(a)” substitute “paragraph 34(4)(a)”.
The Terrorism Act 2000 (c. 11) is amended as follows. The following sections are inserted after section 21— In section 19 after subsection (1) insert— In section 19 after subsection (7) insert— In section 20 after subsection (4) insert— The following Schedule is inserted after Schedule 3—
Paragraph 1 of Schedule 6 to the Terrorism Act 2000 (c. 11) (financial information orders) is amended as follows. In sub-paragraph (1) after “financial institution” insert “to which the order applies”. The order may provide that it applies to—
Section 6
“criminal investigation” means an investigation of any criminal conduct, including an investigation of alleged or suspected criminal conduct and an investigation of whether criminal conduct has taken place;
References in this Schedule to a person specified in a freezing order as a person to whom or for whose benefit funds are not to be made available are to be read in accordance with section 5(4).
A freezing order may include provision for the award of compensation to or on behalf of a person on the grounds that he has suffered loss as a result of— In particular, the order may include—
A freezing order must include— In particular, an order may provide—
A freezing order may include any of the provisions set out in this paragraph. A person commits an offence if he fails to comply with a prohibition imposed by the order. A person commits an offence if he engages in an activity knowing or intending that it will enable or facilitate the commission by another person of an offence under a provision included under sub-paragraph (2). A person commits an offence if— A person does not commit an offence under a provision included under sub-paragraph (2) or (3) if he proves that he did not know and had no reason to suppose that the person to whom or for whose benefit funds were made available, or were to be made available, was the person (or one of the persons) specified in the freezing order as a person to whom or for whose benefit funds are not to be made available. A person guilty of an offence under a provision included under sub-paragraph (2) or (3) is liable— A person guilty of an offence under a provision included under sub-paragraph (4) is liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale or to both.
Section 47(2) of the Agricultural Marketing Act 1958.
Paragraph 12(2) of the Schedule to the Prices Act 1974.
Section 61(1) of the Sex Discrimination Act 1975.
Paragraph 5 of Schedule 11 to the National Health Service Act 1977.
Section 12(2) of the Fisheries Act 1981.
Section 9(1) of the Diseases of Fish Act 1983.
Section 74(2) of the Airports Act 1986.
Section 87(1) of the Companies Act 1989.
Section 206(3) of the Water Industry Act 1991.
Section 145(2) of the Railways Act 1993.
Section 105(2) of the Pensions Act 1995. Section 108(2) of that Act.
Section 24(1) of the Agriculture Act 1967.
Paragraph 5 of Schedule 7 to the Bank of England Act 1998. Paragraph 2 of Schedule 8 to that Act.
Section 63(1) of the Police (Northern Ireland) Act 1998.
Paragraph 22(2)(f) of Schedule 3 to the Disability Rights Commission Act 1999.
Paragraph 34(3) of Schedule 22 to the Finance Act 2000.
Section 105(4) of the Utilities Act 2000.
Section 12(2) of the National Savings Bank Act 1971.
Section 17
“information” includes software; and
Section 36(1) of the Transport Act (Northern Ireland) 1967.
Article 24(1) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981.
Article 29(2) of the Consumer Protection (Northern Ireland) Order 1987.
Article 103(2) of the Pensions (Northern Ireland) Order 1995. Article 106(2) of that Order.
Article 18(1) of the Fair Employment and Treatment (Northern Ireland) Order 1998.
The Criminal Justice and Public Order Act 1994 has effect subject to the following amendments.
Section 60 (powers to stop and search) is amended as follows. After subsection (9) insert— In subsection (11)—
In section 136(1) and (2) (cross-border enforcement: execution of warrants), after “country of execution” insert “, or by a constable appointed under section 53 of the British Transport Commission Act 1949,”.
In section 137 (cross-border powers of arrest), after subsection (2) insert—
In section 140 (reciprocal powers of arrest), after subsection (6) insert—
Section 58
Chikungunya virus Congo-crimean haemorrhagic fever virus Dengue fever virus Eastern equine encephalitis virus Ebola virus Hantaan virus Japanese encephalitis virus Junin virus Lassa fever virus Lymphocytic choriomeningitis virus Machupo virus Marburg virus Monkey pox virus Rift Valley fever virus Tick-borne encephalitis virus (Russian Spring-Summer encephalitis virus) Variola virus Venezuelan equine encephalitis virus Western equine encephalitis virus Yellow fever virus
Bartonella quintana (Rochalimea quintana, Rickettsia quintana) Coxiella burnetii Rickettsia prowazeki Rickettsia rickettsii
Bacillus anthracis Brucella abortus Brucella melitensis Brucella suis Burkholderia mallei (Pseudomonas mallei) Burkholderia pseudomallei (Pseudomonas pseudomallei) Chlamydophila psittaci Clostridium botulinum Francisella tularensis Salmonella typhi Shigella dysenteriae Vibrio cholerae Yersinia pestis
Aflatoxins Botulinum toxins Clostridium perfringens toxins Conotoxin Microcystin (Cyanginosin) Ricin Saxitoxin Shiga toxin Staphylococcus aureus toxins Tetrodotoxin Verotoxin
Any reference in this Schedule to a micro-organism includes—
any genetic material containing any nucleic acid sequence associated with the pathogenicity of the micro-organism; and
any genetically modified organism containing any such sequence.
Any reference in this Schedule to a toxin includes—
any genetic material containing any nucleic acid sequence for the coding of the toxin; and
any genetically modified organism containing any such sequence.
Any reference in this Schedule to a toxin includes subunits of the toxin.
Section 70
on which works are being carried out with a view to its becoming a nuclear site used wholly or mainly for purposes other than defence purposes; and
The Commission shall sit at such times and in such places as the Lord Chancellor may direct. The Commission may sit in two or more divisions. At each sitting of the Commission—
The Lord Chancellor may make rules— In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure— The rules may, in particular— Rules under this paragraph— In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.
The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(3)(b). The relevant law officer is— A person appointed under this paragraph must— A person appointed under this paragraph shall not be responsible to the applicant whose interests he is appointed to represent. In paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.
Section 101
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix), . . .
The Terrorism Act 2000 has effect subject to the following amendments.
Section 34 (power of superintendent for police area to designate cordoned area in the police area) is amended as follows. In subsection (1), for “subsection (2)” substitute “subsections (1A), (1B) and (2)”. After that subsection insert—
In section 44 (power to authorise stopping and searching), after subsection (4) insert—
In section 121—
“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix),
“policed premises”, in relation to England and Wales, has the meaning given by section 53(3) of the British Transport Commission Act 1949 and, in relation to Scotland, means those places where members of the British Transport Police Force have the powers, protection and privileges of a constable under section 53(4)(a) of that Act (as it relates to Scotland).
In section 122—
British Transport Police Force Section 121 and
Policed premises Section 121
Section 125
Short Title and Chapter Extent of Repeal Access to Justice Act 1999 (c. 22) In Schedule 2, in paragraph 2(2), the “or” at the end of paragraph (b), and in paragraph 2(3) the “or” at the end of paragraph (i). Terrorism Act 2000 (c. 11) Sections 24 to 31. In section 122, the entries for “Authorised officer” and “Cash”.
Short title and chapter Extent of repeal Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) Section 2. In section 7(1) the words “, and any general direction given under section 2 of this Act,”. In section 14(1) and (2) the words “or direction” and “, section 2”. Finance Act 1968 (c. 44) Section 55. These repeals have effect subject to section 16(2).
Short title and chapter Extent of repeal Immigration and Asylum Act 1999 (c. 33) In section 143, subsections (3) to (8) and (14).
Short title and chapter Extent of repealor revocation Public Order Act 1986 (c. 64) In section 17 the words “in Great Britain”. Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)) In Article 8 in the definition of fear and the definition of hatred the words “in Northern Ireland”. This repeal and this revocation have effect subject to section 42.
Nuclear Installations Act 1965 (c. 57) In Schedule 1, paragraphs 5 and 6. Atomic Energy Authority (Special Constables) Act 1976 (c. 23) Section 3. In section 4(2), the definitions of “specified body corporate” and “designated company”.
Short title and chapter Extent of repeal British Transport Commission Act 1962 (c. xlii) Section 43(3). Ministry of Defence Police Act 1987 (c. 4) In section 2, subsection (2)(d), in subsection (3), the words “, but only” and, in subsection (4), the words “as they have effect in the United Kingdom”. Criminal Justice and Public Order Act 1994 (c. 33) In section 60, subsection (4A) and, in subsection (8), paragraph (b) and the word “or” immediately preceding it. Crime and Disorder Act 1998 (c. 37) Section 25(1).
Short title and chapter Extent of repeal Terrorism Act 2000 (c. 11) In section 55, the definition of “nuclear weapon”. In Schedule 5, paragraph 18(e). In Schedule 7, in paragraph 17(4) the “or” at the end of paragraph (b).