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Terrorism Act 2000

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Changes to legislation:

Terrorism Act 2000, Section 123 is up to date with all changes known to be in force on or before 23 October 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Sch. 4 para. 11(1)(aa) inserted by 2003 c. 44 Sch. 36 para. 14(2)
  • Sch. 4 para. 11(2A) inserted by 2003 c. 44 Sch. 36 para. 14(3)
  • Sch. 4 para. 11(1)(aa) words substituted by 2015 c. 2 Sch. 11 para. 17(2)
  • Sch. 4 para. 11(2A) words substituted by 2015 c. 2 Sch. 11 para. 17(3)
  • Sch. 8 para. 18(4) inserted by 2016 asp 1 sch. 2 para. 37(a)(ii)
  • Sch. 8 para. 14(2A) inserted by 2008 c. 28 s. 16(3) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 14(4)(ba) inserted by 2008 c. 28 s. 16(5) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 15(1)(aa) (ab) inserted by 2010 c. 17 s. 17(4)(b) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(2A) inserted by 2010 c. 17 s. 17(7) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(4) inserted by 2010 c. 17 s. 17(8) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 14-14I substituted for Sch. 8 para. 14 by 2010 c. 17 s. 17(2) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 20(3)-(3C) substituted for Sch. 8 para. 20(3) by 2010 c. 17 s. 18(2)(a) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 18(2)(ab)(ac) substituted for word by 2016 asp 1 sch. 2 para. 37(a)(i)

123 Orders and regulations.E+W+S+N.I.

This section has no associated Explanatory Notes

(1)An order or regulations made by the Secretary of State under this Act—

(a)shall be made by statutory instrument,

(b)may contain savings and transitional provisions, and

(c)may make different provision for different purposes.

(2)Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—

[F1(za)section 3(6) or (8);]

(a)section 4(3);

(b)section 24(2)(e);

[F2(ba)section 63C(3)(d);]

(c)section 72;

(d)section 79(5);

(e)section 80(9);

[F3(f)section 97(1) or (3);

(g)section 100(1)(b);]

(h)section 119(1) or (2);

(i)[F4paragraphs 11A, 25A, 41A and ] 52(1)(a) or (b) of Schedule 4;

(j)paragraph 17(4) of Schedule 7;

(k)paragraph 3(1)(b) of Schedule 8;

(l)paragraph 19 of Schedule 8.

(3)In the cases of—

(a)the first order to be made under paragraph 17(4) of Schedule 7, and

(b)the first order to be made under paragraph 19 of Schedule 8,

the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).

(4)An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament—

(a)section 3(3);

[F5(aa)section 23A(5);]

[F6(ab)section 47AB;]

(b)section 53(2);

(c)section 65(3);

(d)section 96;

(e)section 101(4);

(f)section 112(2);

(g)paragraph 2(2) of Schedule 1;

(h)paragraph 6(2) or 7(3) of Schedule 6;

(i)paragraph 16 of Schedule 7;

(j)paragraph 3(2) of Schedule 8;

(k)paragraph 4(4) of Schedule 8;

(l)paragraph 4(1)(e) of Schedule 14;

(m)paragraph 7(3) of Schedule 14.

(5)An order or regulations under a provision mentioned in subsection (4), except for [F7paragraph (aa) [F8, (ab) ] or (b)], may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—

(a)shall contain a declaration of the Secretary of State’s opinion, and

(b)shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.

(6)For the purposes of subsection (5)—

(a)a code of practice or revised code to which an order relates shall cease to have effect together with the order,

(b)an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and

(c)the period of 40 days shall be computed in accordance with section 7(1) of the M1Statutory Instruments Act 1946.

[F9(6A)As soon as practicable after making an order under paragraph 38 of Schedule 8, the Secretary of State must lay a copy of the order before each House of Parliament.

(6B)An order under paragraph 38 of Schedule 8 is to cease to have effect at the end of the period of 20 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House of Parliament during that period.

(6C)For the purposes of subsection (6B) the period of 20 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.

(6D)Subsections (6B) and (6C) do not apply to an order under paragraph 38 of Schedule 8 which revokes an order under that paragraph.]

(7)An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.

(8)Subsection (1)(a) does not apply to an order made—

(a)under section 94,

[F10(b)by virtue of paragraph 36 of Schedule 4, or

(c)under or by virtue of any of paragraphs 19 to 21 of Schedule 5.]

(9)Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 123(2)(za) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(10); S.I. 2006/1013, art. 2

F3S. 123(2)(f)(g) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

F5S. 123(4)(aa) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(2)(a), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F7Words in s. 123(5) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(2)(b), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F9S. 123(6A)-(6D) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 58(2), 120 (with s. 97); S.I. 2012/1205, art. 4(b)

F10S. 123(8)(b)(c) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

Marginal Citations

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