xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Anti-terrorism, Crime and Security Act 2001

2001 CHAPTER 24

An Act to amend the Terrorism Act 2000; to make further provision about terrorism and security; to provide for the freezing of assets; to make provision about immigration and asylum; to amend or extend the criminal law and powers for preventing crime and enforcing that law; to make provision about the control of pathogens and toxins; to provide for the retention of communications data; to provide for implementation of Title VI of the Treaty on European Union; and for connected purposes.

[14th December 2001]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1 E+W+S+N.I.Terrorist Property

1 Forfeiture of terrorist [F1cash] [F1property] E+W+S+N.I.

(1)Schedule 1 (which makes provision for enabling [F2cash] [F2property] which—

(a)is intended to be used for the purposes of terrorism,

(b)consists of resources of an organisation which is a proscribed organisation, or

(c)is, or represents, property obtained through terrorism,

to be forfeited in civil proceedings before a magistrates’ court or (in Scotland) the sheriff) is to have effect.

(2)The powers conferred by Schedule 1 are exercisable in relation to [F3any cash] [F3property] whether or not any proceedings have been brought for an offence in connection with [F4the cash] [F4the property] .

(3)Expressions used in this section have the same meaning as in Schedule 1.

(4)Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.

(5)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.

Annotations:

Amendments (Textual)

F1Word in s. 1 heading substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 15(2)

F2Word in s. 1(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 15(3)

F3Word in s. 1(2) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 15(4)(a)

F4Words in s. 1(2) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 15(4)(b)

2 Amendments relating to section 1E+W+S+N.I.

F5(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Schedule 14 to the Terrorism Act 2000 (exercise of officers’ powers) is amended as follows.

(5)In paragraph 1—

(a)in paragraph (a), for “section 24” substitute “ the terrorist cash provisions ”, and

(b)after paragraph (b) insert—

and “the terrorist cash provisions” means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

(6)In paragraphs 2, 3 and 6(1), at the end insert “or the terrorist cash provisions”.

(7)In paragraph 5, after “Act” insert “ or the terrorist cash provisions ”.

F6(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F5S. 2(1)-(3) repealed (1.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 5 Pt. 2; S.I. 2013/453, art. 3(h) (with savings and transitional provisions in S.I. 2013/534, art. 6)

3 Terrorist property: amendmentsE+W+S+N.I.

Schedule 2 contains amendments to the Terrorism Act 2000.

Part 2 E+W+S+N.I.Freezing Orders

OrdersE+W+S+N.I.

4 Power to make orderE+W+S+N.I.

(1)The Treasury may make a freezing order if the following two conditions are satisfied.

(2)The first condition is that the Treasury reasonably believe that—

(a)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

(b)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.

(3)If one person is believed to have taken or to be likely to take the action the second condition is that the person is—

(a)the government of a country or territory outside the United Kingdom, or

(b)a resident of a country or territory outside the United Kingdom.

(4)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.

5 Contents of orderE+W+S+N.I.

(1)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.

(2)The order must provide that these are the persons who are prohibited—

(a)all persons in the United Kingdom, and

(b)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.

(3)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—

(a)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;

(b)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.

(4)A person may be specified under subsection (3) by—

(a)being named in the order, or

(b)falling within a description of persons set out in the order.

(5)The description must be such that a reasonable person would know whether he fell within it.

(6)Funds are financial assets and economic benefits of any kind.

6 Contents: further provisionsE+W+S+N.I.

Schedule 3 contains further provisions about the contents of freezing orders.

7 Review of orderE+W+S+N.I.

The Treasury must keep a freezing order under review.

8 Duration of orderE+W+S+N.I.

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.

InterpretationE+W+S+N.I.

9 Nationals and residentsE+W+S+N.I.

(1)A national of the United Kingdom is an individual who is—

(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

(c)a British protected person within the meaning of that Act.

(2)A resident of the United Kingdom is—

(a)an individual who is ordinarily resident in the United Kingdom,

(b)a body incorporated under the law of any part of the United Kingdom, or

(c)a Scottish partnership.

(3)A resident of a country or territory outside the United Kingdom is—

(a)an individual who is ordinarily resident in such a country or territory, or

(b)a body incorporated under the law of such a country or territory.

(4)For the purposes of subsection (3)(b) a branch situated in a country or territory outside the United Kingdom of—

(a)a body incorporated under the law of any part of the United Kingdom, or

(b)a Scottish partnership,

is to be treated as a body incorporated under the law of the country or territory where the branch is situated.

(5)This section applies for the purposes of this Part.

Orders: procedure etc.E+W+S+N.I.

10 Procedure for making freezing ordersE+W+S+N.I.

(1)A power to make a freezing order is exercisable by statutory instrument.

(2)A freezing order—

(a)must be laid before Parliament after being made;

(b)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).

(3)The relevant period is a period of 28 days starting with the day on which the order is made.

(4)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.

(5)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.

11 Procedure for making certain amending ordersE+W+S+N.I.

(1)This section applies if—

(a)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,

(b)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

(c)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.

(2)This section also applies if—

(a)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,

(b)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

(c)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.

(3)This section also applies if—

(a)a freezing order is made, and

(b)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.

(4)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.

12 Procedure for revoking ordersE+W+S+N.I.

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.

13 De-hybridisationE+W+S+N.I.

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.

14 Orders: supplementaryE+W+S+N.I.

(1)Where this Part confers a power to make provision, different provision may be made for different purposes.

(2)An order under this Part may include supplementary, incidental, saving or transitional provisions.

(3)Nothing in this Part affects the generality of subsection (2).

MiscellaneousE+W+S+N.I.

15 The CrownE+W+S+N.I.

(1)A freezing order binds the Crown, subject to the following provisions of this section.

(2)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.

(3)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.

16 RepealsE+W+S+N.I.

(1)These provisions shall cease to have effect—

(a)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);

(b)section 55 of the Finance Act 1968 (c. 44) (meaning of security in section 2 of 1964 Act).

(2)Subsection (1) does not affect a reference which—

(a)is to a provision referred to in that subsection, and

(b)is contained in a provision made under an Act.

Part 3 E+W+S+N.I.Disclosure of Information

17 Extension of existing disclosure powersE+W+S+N.I.

(1)This section applies to the provisions listed in Schedule 4, so far as they authorise the disclosure of information.

(2)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—

(a)the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b)the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(c)the purposes of the initiation or bringing to an end of any such investigation or proceedings;

(d)the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3)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.

(4)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.

(5)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.

(6)Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

(7)The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.

18 Restriction on disclosure of information for overseas purposesE+W+S+N.I.

(1)Subject to subsections (2) and (3), the Secretary of State may give a direction which—

(a)specifies any overseas proceedings or any description of overseas proceedings; and

(b)prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.

(2)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—

(a)is made for a purpose mentioned in subsection (2)(a) to (d) of that section; and

(b)is a disclosure of any such information as is described in the direction.

(3)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—

(a)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;

(b)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

(c)to a matter that would fall within paragraph (a) or (b)—

(i)if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and

(ii)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.

(4)A direction under this section shall not have the effect of prohibiting—

(a)the making of any disclosure by a Minister of the Crown or by the Treasury; or

(b)the making of any disclosure in pursuance of [F7an EU] obligation.

(5)A direction under this section—

(a)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

(b)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.

(6)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—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.

(7)The following are overseas proceedings for the purposes of this section—

(a)criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;

(b)a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.

(8)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.

(9)In this section “court” includes a tribunal of any description.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C4S. 18 applied (with modifications) (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 442, 458(1); S.I. 2003/333, art. 2, Sch. 1 (with transitional provisions in arts. 3-13) (as amended by S.I. 2003/531)

S. 18 applied (25.7.2003 for specified purposes and 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 393(9), 408, 411(2)(3) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6); S.I. 2003/3142, art. 3(2)

S. 18 applied (6.4.2005) by Pensions Act 2004 (c. 35), (with s. 313) {ss. 83(3)}, 322 (with s. 313); S.I. 2005/275, art. 2, Sch. Pt. 7

S. 18 applied (6.4.2005) by Pensions Act 2004 (c. 35), ss. 87(11), 322 (with s. 313); S.I. 2005/275, art. 2, Sch. Pt. 7

S. 18 applied (6.4.2005) by Pensions Act 2004 (c. 35), ss. 201(11), 322 (with s. 313); S.I. 2005/275, art. 2, Sch. Pt. 7

19 Disclosure of information held by revenue departmentsE+W+S+N.I.

(1)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.

(2)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—

F8(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(c)for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(d)for the purposes of the initiation or bringing to an end of any such investigation or proceedings; or

(e)for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3)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.

(4)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.

(5)Information obtained by means of a disclosure authorised by subsection (2) shall not be further disclosed except—

(a)for a purpose mentioned in that subsection; and

(b)with the consent of the Commissioners by whom or with whose authority it was initially disclosed;

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.

(6)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.

(7)Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998 (c. 29).

(8)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—

(a)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

(b)is held by that person in connection with the provision of those services.

(9)In this section “intelligence service” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(10)Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

Annotations:

Amendments (Textual)

20 Interpretation of Part 3E+W+S+N.I.

(1)In this Part—

(2)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.

(3)In this section—

Part 4 E+W+S+N.I.Immigration and Asylum

Suspected international terroristsE+W+S+N.I.

21 Suspected international terrorist: certificationE+W+S+N.I.

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

22 Deportation, removal, &c.E+W+S+N.I.

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

23 DetentionE+W+S+N.I.

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

24 BailE+W+S+N.I.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

25 Certification: appealE+W+S+N.I.

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

26 Certification: reviewE+W+S+N.I.

F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

27 Appeal and review: supplementaryE+W+S+N.I.

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

28 Review of sections 21 to 23E+W+S+N.I.

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

29 Duration of sections 21 to 23E+W+S+N.I.

F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

30 Legal proceedings: derogationE+W+S+N.I.

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

31 InterpretationE+W+S+N.I.

F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

32 Channel Islands and Isle of ManE+W+S+N.I.

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Refugee ConventionE+W+S+N.I.

33 Certificate that Convention does not applyE+W+S+N.I.

F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F21S. 33 repealed (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 55(6), 61, 62, Sch. 3; S.I. 2006/2226, art. 3, Sch. 1 (with transitional provisions in art. 4)

34 ConstructionE+W+S+N.I.

(1)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—

(a)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

(b)a threat by reason of which Article 33(1) would or might apply to a person if Article 33(2) did not apply.

(2)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.

Special Immigration Appeals CommissionE+W+S+N.I.

35 Status of CommissionE+W+S+N.I.

At the end of section 1 of the Special Immigration Appeals Commission Act 1997 (c. 68) insert—

(3)The Commission shall be a superior court of record.

(4)A decision of the Commission shall be questioned in legal proceedings only in accordance with—

(a)section 7, or

(b)section 30(5)(a) of the Anti-terrorism, Crime and Security Act 2001 (derogation).

FingerprintsE+W+S+N.I.

36 Destruction of fingerprintsE+W+S+N.I.

(1)In section 143 of the Immigration and Asylum Act 1999 (c. 33) (destruction of fingerprints)—

(a)subsections (3) to (8) (requirement to destroy fingerprints on resolution of asylum and immigration cases) shall cease to have effect,

(b)in subsection (9) (dependants) after “F” insert “ (within the meaning of section 141(7)) ”, and

(c)subsection (14) (interpretation) shall cease to have effect.

(2)Subsection (1)—

(a)shall have effect in relation to fingerprints whether taken before or after the coming into force of this section, and

(b)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.

Part 5 E+W+N.I.Race and Religion

F2237 Meaning of racial hatredE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F2338 Meaning of fear and hatredE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

39 Religiously aggravated offencesE+W+N.I.

(1)Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).

(2)In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ”.

(3)In section 28 (meaning of racially aggravated)—

(a)in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”;

(b)in subsections (1) and (2) for “racial group” substitute “ racial or religious group ”;

(c)in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”

(4)In section 28 after subsection (4) insert—

(5)In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.

(5)In each of the provisions listed in subsection (6)—

(a)in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ”;

(b)in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”.

(6)The provisions are—

(a)section 29 (assaults);

(b)section 30 (criminal damage);

(c)section 31 (public order offences);

(d)section 32 (harassment etc.).

(7)F24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)F25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40 Racial hatred offences: penaltiesE+W+N.I.

In section 27(3) of the Public Order Act 1986 (c. 64) (penalties for racial hatred offences) for “two years” substitute “ seven years ”.

41 Hatred and fear offences: penaltiesE+W+N.I.

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 ”.

42 SavingE+W+N.I.

This Part does not apply to anything done before it comes into force.

Part 6 E+W+S+N.I.Weapons of Mass Destruction

Amendment of the Biological Weapons Act 1974 and the Chemical Weapons Act 1996E+W+S+N.I.

43 Transfers of biological agents and toxinsE+W+S+N.I.

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—

(1A)A person shall not—

(a)transfer any biological agent or toxin to another person or enter into an agreement to do so, or

(b)make arrangements under which another person transfers any biological agent or toxin or enters into an agreement with a third person to do so,

if the biological agent or toxin is likely to be kept or used (whether by the transferee or any other person) otherwise than for prophylactic, protective or other peaceful purposes and he knows or has reason to believe that that is the case.

44 Extraterritorial application of biological weapons offencesE+W+S+N.I.

After section 1 of the Biological Weapons Act 1974 insert—

1A Extraterritorial application of section 1

(1)Section 1 applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(2)Proceedings for an offence committed under section 1 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.

(3)Her Majesty may by Order in Council extend the application of section 1, 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.

(4)In this section “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.

(5)For this purpose a United Kingdom national is an individual who is—

(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c)a British protected person within the meaning of that Act.

(6)Nothing in this section affects any criminal liability arising otherwise than under this section.

45 Customs and Excise prosecutions for biological weapons offencesE+W+S+N.I.

Before section 2 of the Biological Weapons Act 1974 (c. 6) insert—

1B Customs and Excise prosecutions

(1)Proceedings for a biological weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved—

(a)the development or production outside the United Kingdom of any thing mentioned in section 1(1)(a) or (b) above;

(b)the movement of any such thing into or out of any country or territory;

(c)any proposal or attempt to do anything falling within paragraph (a) or (b) above.

(2)In this section “biological weapons offence” means an offence under section 1 of this Act or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

(3)Any proceedings for an offence which are instituted under subsection (1) above shall be commenced in the name of an officer, but may be continued by another officer.

(4)Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—

(a)whether there are grounds for believing that a biological weapons offence has been committed, or

(b)whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

(5)Nothing in this section affects any power of any person (including any officer) apart from this section.

(6)In this section “officer” means a person commissioned by the Commissioners of Customs and Excise.

(7)This section does not apply to the institution of proceedings in Scotland.

46 Customs and Excise prosecutions for chemical weapons offencesE+W+S+N.I.

Before section 31 of the Chemical Weapons Act 1996 (c. 6) insert—

30A Customs and Excise prosecutions

(1)Proceedings for a chemical weapons offence may be instituted by order of the Commissioners of Customs and Excise if it appears to them that the offence has involved—

(a)the development or production outside the United Kingdom of a chemical weapon;

(b)the movement of a chemical weapon into or out of any country or territory;

(c)any proposal or attempt to do anything falling within paragraph (a) or (b).

(2)In this section “chemical weapons offence” means an offence under section 2 above or section 50 of the Anti-terrorism, Crime and Security Act 2001 (including an offence of aiding, abetting, counselling, procuring or inciting the commission of, or attempting or conspiring to commit, such an offence).

(3)Any proceedings for an offence which are instituted under subsection (1) shall be commenced in the name of an officer, but may be continued by another officer.

(4)Where the Commissioners of Customs and Excise investigate, or propose to investigate, any matter with a view to determining—

(a)whether there are grounds for believing that a chemical weapons offence has been committed, or

(b)whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979.

(5)Nothing in this section affects any power of any person (including any officer) apart from this section.

(6)In this section “officer” means a person commissioned by the Commissioners of Customs and Excise.

(7)This section does not apply to the institution of proceedings in Scotland.

Nuclear weaponsE+W+S+N.I.

47 Use etc. of nuclear weaponsE+W+S+N.I.

(1)A person who—

(a)knowingly causes a nuclear weapon explosion;

(b)develops or produces, or participates in the development or production of, a nuclear weapon;

(c)has a nuclear weapon in his possession;

(d)participates in the transfer of a nuclear weapon; or

(e)engages in military preparations, or in preparations of a military nature, intending to use, or threaten to use, a nuclear weapon,

is guilty of an offence.

(2)Subsection (1) has effect subject to the exceptions and defences in sections 48 and 49.

(3)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—

(a)facilitates the development by another of the capability to produce or use a nuclear weapon, or

(b)facilitates the making by another of a nuclear weapon,

knowing or having reason to believe that his act has (or will have) that effect.

(4)For the purposes of subsection (1)(d) a person participates in the transfer of a nuclear weapon if—

(a)he buys or otherwise acquires it or agrees with another to do so;

(b)he sells or otherwise disposes of it or agrees with another to do so; or

(c)he makes arrangements under which another person either acquires or disposes of it or agrees with a third person to do so.

(5)A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6)In this section “nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon.

(7)This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(8)Nothing in subsection (7) affects any criminal liability arising otherwise than under that subsection.

(9)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).

48 ExceptionsE+W+S+N.I.

(1)Nothing in section 47 applies—

(a)to an act which is authorised under subsection (2); or

(b)to an act done in the course of an armed conflict.

(2)The Secretary of State may—

(a)authorise any act which would otherwise contravene section 47 in such manner and on such terms as he thinks fit; and

(b)withdraw or vary any authorisation given under this subsection.

(3)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.

(4)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.

49 DefencesE+W+S+N.I.

(1)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.

(2)But he shall be taken to have shown that fact if—

(a)sufficient evidence is adduced to raise an issue with respect to it; and

(b)the contrary is not proved by the prosecution beyond reasonable doubt.

(3)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.

Assisting or inducing weapons-related acts overseasE+W+S+N.I.

50 Assisting or inducing certain weapons-related acts overseasE+W+S+N.I.

(1)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.

(2)For this purpose a relevant act is an act that, if done by a United Kingdom person, would contravene any of the following provisions—

(a)section 1 of the Biological Weapons Act 1974 (offences relating to biological agents and toxins);

(b)section 2 of the Chemical Weapons Act 1996 (offences relating to chemical weapons); or

(c)section 47 above (offences relating to nuclear weapons).

(3)Nothing in this section applies to an act mentioned in subsection (1) which—

(a)relates to a relevant act which would contravene section 47; and

(b)is authorised by the Secretary of State;

and section 48(2) applies for the purpose of authorising acts that would otherwise constitute an offence under this section.

(4)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.

(5)A person convicted of an offence under this section is liable on conviction on indictment to imprisonment for life.

(6)This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(7)Nothing in this section prejudices any criminal liability existing apart from this section.

Annotations:

Modifications etc. (not altering text)

Supplemental provisions relating to sections 47 and 50E+W+S+N.I.

51 Extraterritorial applicationE+W+S+N.I.

(1)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.

(2)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.

Annotations:

Modifications etc. (not altering text)

52 Powers of entryE+W+S+N.I.

(1)If—

(a)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

(b)in Scotland the sheriff is satisfied by evidence on oath as mentioned in paragraph (a),

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.

(2)The powers of a person who enters the premises under the authority of the warrant include power—

(a)to take with him such other persons and such equipment as appear to him to be necessary;

(b)to inspect, seize and retain any substance, equipment or document found on the premises;

(c)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—

(i)in which he can read and copy it; or

(ii)from which it can readily be produced in a form in which he can read and copy it;

(d)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.

(3)A constable who enters premises under the authority of a warrant or by virtue of subsection (2)(a) may—

(a)give such assistance as an authorised officer may request for the purpose of facilitating the exercise of any power under this section; and

(b)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.

(4)No constable shall search a person of the opposite sex.

(5)The powers conferred by a warrant under this section shall only be exercisable, if the warrant so provides, in the presence of a constable.

(6)A person who—

(a)wilfully obstructs an authorised officer in the exercise of a power conferred by a warrant under this section; or

(b)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,

is guilty of an offence.

(7)A person guilty of an offence under subsection (6) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; and

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(8)In this section “authorised officer” means an authorised officer of the Secretary of State.

Annotations:

Modifications etc. (not altering text)

53[F26Revenue and Customs prosecutions]E+W+S+N.I.

(1)Proceedings for a nuclear weapons offence may be instituted [F27by [F28the Director of Public Prosecutions] or by order of the Commissioners for Her Majesty’s Revenue and Customs][F29if it appears to the Director or to the Commissioners] that the offence has involved—

(a)the development or production outside the United Kingdom of a nuclear weapon;

(b)the movement of a nuclear weapon into or out of any country or territory;

(c)any proposal or attempt to do anything falling within paragraph (a) or (b).

(2)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).

(3)Any proceedings for an offence which are instituted [F30by order of the Commissioners] under subsection (1) shall be commenced in the name of an officer [F31of Revenue and Customs] , but may be continued by another officer.

(4)Where the Commissioners F32. . . investigate, or propose to investigate, any matter with a view to determining—

(a)whether there are grounds for believing that a nuclear weapons offence has been committed, or

(b)whether a person should be prosecuted for such an offence,

that matter shall be treated as an assigned matter within the meaning of the Customs and Excise Management Act 1979 (c. 2).

(5)Nothing in this section affects any powers of any person (including any officer) apart from this section.

(6)F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)This section does not apply to the institution of proceedings in Scotland.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C11Ss. 50-56 extended (with modifications) (22.4.2005) by The Chemical Weapons (Overseas Territories) Order 2005 (S.I. 2005/854), art. 3, Schs. 2, 3, 4A, 5A, 8A

C12S. 53(2) modified (E.W.N.I.) (prosp.) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94, Sch. 6 para. 43

C13S. 53(2) modified (E.W.N.I.) (1.10.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 6 para. 43 (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)

54 OffencesE+W+S+N.I.

(1)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.

(2)A person guilty of an offence under subsection (1) is liable—

(a)on summary conviction, to a fine of an amount not exceeding the statutory maximum;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both).

(3)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—

(a)a director, manager, secretary or other similar officer of the body corporate; or

(b)any person who was purporting to act in any such capacity,

he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(4)In subsection (3) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Annotations:

Modifications etc. (not altering text)

55 Consent to prosecutionsE+W+S+N.I.

Proceedings for an offence under section 47 or 50 shall not be instituted—

(a)in England and Wales, except by or with the consent of the Attorney General;

(b)in Northern Ireland, except by or with the consent of the [F34Advocate General for Northern Ireland] .

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C15Ss. 50-56 extended (with modifications) (22.4.2005) by The Chemical Weapons (Overseas Territories) Order 2005 (S.I. 2005/854), art. 3, Schs. 2, 3, 4A, 5A, 8A

56 Interpretation of Part 6E+W+S+N.I.

(1)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.

(2)For this purpose a United Kingdom national is an individual who is—

(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c)a British protected person within the meaning of that Act.

Annotations:

Modifications etc. (not altering text)

Extension of Part 6 to dependenciesE+W+S+N.I.

57 Power to extend Part 6 to dependenciesE+W+S+N.I.

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.

Part 7 E+W+S+N.I.Security of Pathogens and Toxins

58 Pathogens and toxins in relation to which requirements under Part 7 applyE+W+S+N.I.

(1)Schedule 5 (which lists the pathogens and toxins in relation to which the requirements of this Part apply) has effect.

(2)The Secretary of State may by order modify any provision of Schedule 5 (including the notes).

(3)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.

(4)In this Part “dangerous substance” means—

(a)anything which consists of or includes a substance for the time being mentioned in Schedule 5; or

(b)anything which is infected with or otherwise carries any such substance.

(5)But something otherwise falling within subsection (4) is not to be regarded as a dangerous substance if—

(a)it satisfies prescribed conditions; or

(b)it is kept or used in prescribed circumstances.

59 Duty to notify Secretary of State before keeping or using dangerous substancesE+W+S+N.I.

(1)The occupier of any premises must give a notice to the Secretary of State before any dangerous substance is kept or used there.

(2)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).

(3)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.

(4)A notice under this section must—

(a)identify the premises in which the substance is kept or used;

(b)identify any building or site of which the premises form part; and

(c)contain such other particulars (if any) as may be prescribed.

(5)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.

(6)Where—

(a)a substance which is kept or used in any premises becomes a dangerous substance by virtue of a modification of Schedule 5, but

(b)no other dangerous substance is kept or used there,

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.

Annotations:

Modifications etc. (not altering text)

C20Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

60 Information about security of dangerous substancesE+W+S+N.I.

(1)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.

(2)The required information must relate to—

(a)any dangerous substance kept or used in the premises; or

(b)the measures taken (whether by the occupier or any other person) to ensure the security of any such substance.

(3)In this Part references to measures taken to ensure the security of any dangerous substance kept or used in any relevant premises include—

(a)measures taken to ensure the security of any building or site of which the premises form part; and

(b)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.

(4)In this Part “relevant premises” means any premises—

(a)in which any dangerous substance is kept or used, or

(b)in respect of which a notice under section 59 is in force.

Annotations:

Modifications etc. (not altering text)

C21Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

61 Information about persons with access to dangerous substancesE+W+S+N.I.

(1)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—

(a)each person who has access to any dangerous substance kept or used there;

(b)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;

(c)each person who, in such circumstances as are specified or described in the notice, has access to the premises; or

(d)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.

(2)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.

(3)Where a list under subsection (1) is given, the occupier of the premises for the time being—

(a)must secure that only the persons mentioned in the list are given the access identified in the list relating to them; but

(b)may give a supplementary list to the chief officer of police of other persons to whom it is proposed to give access.

(4)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.

(5)The chief officer of police may direct that a person may have such access before the end of that period.

(6)The Secretary of State may by order modify the period mentioned in subsection (4).

(7)Any list under this section must—

(a)identify the access which the person has, or is proposed to have;

(b)state the full name of that person, his date of birth, his address and his nationality; and

(c)contain such other matters (if any) as may be prescribed.

Annotations:

Modifications etc. (not altering text)

C22Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

62 Directions requiring security measuresE+W+S+N.I.

(1)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.

(2)The directions may—

(a)specify or describe the substances in relation to the security of which the measures relate; and

(b)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.

Annotations:

Modifications etc. (not altering text)

C23Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

63 Directions requiring disposal of dangerous substancesE+W+S+N.I.

(1)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.

(2)The direction must—

(a)specify the manner in which, and time by which, the dangerous substance must be disposed of; or

(b)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.

Annotations:

Modifications etc. (not altering text)

C24Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

64 Directions requiring denial of accessE+W+S+N.I.

(1)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—

(a)is not to have access to any dangerous substance kept or used there;

(b)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;

(c)is not to have, in such circumstances (if any) as may be specified or described in the directions, access to the premises; or

(d)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.

(2)The directions must be given under the hand of the Secretary of State.

(3)The Secretary of State may not give the directions unless he believes that they are necessary in the interests of national security.

Annotations:

Modifications etc. (not altering text)

C25Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

65 Powers of entryE+W+S+N.I.

(1)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.

(2)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.

(3)The notice must set out the purpose mentioned in subsection (1).

(4)A constable who has entered any premises, building or site by virtue of subsection (1) may for the purpose mentioned in that subsection—

(a)search the premises, building or site;

(b)require any person who appears to the constable to be in charge of the premises, building or site to facilitate any such inspection; and

(c)require any such person to answer any question.

(5)The powers of a constable under this section include power to take with him such other persons as appear to him to be necessary.

Annotations:

Modifications etc. (not altering text)

C26Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

66 Search warrantsE+W+S+N.I.

(1)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—

(a)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

(b)that the occupier of any relevant premises is failing to comply with any direction given to him under section 62 or 63,

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.

(2)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.

(3)A constable may seize and retain anything which he believes is or contains a dangerous substance.

(4)The conditions mentioned in subsection (1) are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)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;

(c)that entry to the premises will not be granted unless a warrant is produced;

(d)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.

Annotations:

Modifications etc. (not altering text)

C27Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

67 OffencesE+W+S+N.I.

(1)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.

(2)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.

(3)A person guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years or a fine (or both); and

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

Annotations:

Modifications etc. (not altering text)

C28Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

68 Bodies corporateE+W+S+N.I.

(1)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—

(a)any officer, or

(b)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,

he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2)In this section “officer”, in relation to a body corporate, means—

(a)any director, manager, secretary or other similar officer of the body corporate; or

(b)any person purporting to act in any such capacity.

(3)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.

Annotations:

Modifications etc. (not altering text)

C29Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

69 Partnerships and unincorporated associationsE+W+S+N.I.

(1)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).

(2)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.

(3)Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate.

(4)In proceedings for an offence brought against the partnership or association—

(a)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;

(b)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (procedure) apply as they do in relation to a body corporate;

(c)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.

(5)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—

(a)a partner or a person purporting to act as a partner, or

(b)any employee of the partnership who is in charge of any relevant premises or the access to any dangerous substance kept or used there,

he, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(6)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—

(a)any officer, or

(b)any employee of the association who is in charge of any relevant premises or the access to any dangerous substance kept or used there,

he, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7)In subsection (6) “officer”, in relation to any association, means—

(a)any officer of the association or any member of its governing body; or

(b)any person purporting to act in such a capacity.

Annotations:

Modifications etc. (not altering text)

C30Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

70 Denial of access: appealsE+W+S+N.I.

(1)There shall be a commission, to be known as the Pathogens Access Appeal Commission.

(2)Any person aggrieved by directions given under section 64 may appeal to the Commission.

(3)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.

(4)A party to any appeal under this section which the Commission has determined may bring a further appeal on a question of law to—

(a)the Court of Appeal, if the first appeal was heard in England and Wales;

(b)the Court of Session, if the first appeal was heard in Scotland; or

(c)the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.

(5)An appeal under subsection (4) may be brought only with the permission of—

(a)the Commission; or

(b)where the Commission refuses permission, the court to which the appeal would be brought.

(6)Schedule 6 (constitution of the Commission and procedure) has effect.

Annotations:

Modifications etc. (not altering text)

C31Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

71 Other appealsE+W+S+N.I.

(1)Any person who is required to do any act in response to—

(a)any notice under section 60, or

(b)any directions under section 62 or 63,

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.

(2)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.

(3)If the magistrates’ court allows the appeal, it may—

(a)direct that the required act need not be done; or

(b)make such modification of the requirement as it considers appropriate.

(4)An appeal shall lie to the Crown Court against any decision of the magistrates’ court.

(5)Subsections (1) to (3) apply to Scotland with the substitution for references to the magistrates’ court of references to the sheriff.

(6)The appeal to the sheriff is by way of summary application.

(7)A further appeal shall lie—

(a)to the sheriff principal from the decision of the sheriff; and

(b)with the leave of the sheriff principal, to the Court of Session from the decision of the sheriff principal.

(8)In the application of this section to Northern Ireland references to a magistrates’ court are to a court of summary jurisdiction.

Annotations:

Modifications etc. (not altering text)

C32Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

72 Giving of directions or noticesE+W+S+N.I.

Any direction or notice under this Part may be given by post.

Annotations:

Modifications etc. (not altering text)

C33Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

73 Orders and regulationsE+W+S+N.I.

(1)The power to make an order or regulations under this Part is exercisable by statutory instrument.

(2)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.

(3)A statutory instrument containing—

(a)an order under section 61, or

(b)regulations under section 58, 59 or 61,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Modifications etc. (not altering text)

C34Ss. 58-74 applied (with modifications) (19.5.2007) by The Part 7 of the Anti-terrorism, Crime and Security Act 2001 (Extension to Animal Pathogens) Order 2007 (S.I. 2007/926), art. 2, Sch.

74 Interpretation of Part 7E+W+S+N.I.

(1)In this Part—

(2)In this Part references to measures taken to ensure the security of any dangerous substance are to be construed in accordance with section 60.

75 Power to extend Part 7 to animal or plant pathogens, pests or toxic chemicalsE+W+S+N.I.

(1)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.

(2)This section applies to—

(a)toxic chemicals (within the meaning of the Chemical Weapons Act 1996 (c. 6));

(b)animal pathogens;

(c)plant pathogens; and

(d)pests.

(3)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.

(4)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—

(a)widespread damage to property;

(b)significant disruption to the public; or

(c)significant alarm to the public.

(5)An order under this section may—

(a)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;

(b)make different provision for different purposes; and

(c)make such incidental, supplementary and transitional provision as the Secretary of State thinks fit.

(6)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.

Part 8E+W+S+N.I.Security of Nuclear Industry

76 Atomic Energy Authority special constablesE+W+S

F37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

77 Regulation of security of civil nuclear industryE+W+S+N.I.

(1)The Secretary of State may make regulations for the purpose of ensuring the security of—

(a)nuclear sites and other nuclear premises;

(b)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;

(c)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;

[F38(cza)nuclear construction sites and equipment used or stored on such sites;]

[F39(ca)equipment or software in the United Kingdom which—

(i)is capable of being used in, or in connection with, the enrichment of uranium; and

(ii)is in the possession or control of a person involved in uranium enrichment activities;]

[F40(d)sensitive nuclear information which is in the possession or control in the United Kingdom of—

(i)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;

(ii)a person involved in uranium enrichment activities; or

(iii)a person who is storing, transporting or transmitting the information for or on behalf of a person falling within sub-paragraph (i) or (ii);]

(e)nuclear material which is being (or is expected to be)—

(i)transported within the United Kingdom or its territorial sea;

(ii)transported (outside the United Kingdom and its territorial sea) to or from any nuclear site or other nuclear premises in the United Kingdom; or

(iii)carried on board a United Kingdom ship;

(f)information relating to the security of anything mentioned in paragraphs (a) to (e).

(2)The regulations may, in particular—

(a)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;

(b)require compliance with any directions given by the Secretary of State;

(c)impose requirements in relation to any activities by reference to the approval of the Secretary of State;

(d)create summary offences or offences triable either way;

(e)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);

(f)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

(g)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.

(3)An offence under the regulations may be made punishable—

(a)in the case of an offence triable either way—

(i)on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both); and

(ii)on summary conviction, with imprisonment for a term [F41not exceeding 12 months (in England and Wales or Scotland) 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

(b)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).

[F42(3A)In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates' court's power to imprison), the reference to 12 months in subsection (3)(a)(ii), as it has effect in England and Wales, is to be read as a reference to 6 months.]

(4)The regulations may make—

(a)provision applying to acts done outside the United Kingdom by United Kingdom persons;

(b)different provision for different purposes; and

(c)such incidental, supplementary and transitional provision as the Secretary of State considers appropriate.

(5)Before making the regulations the Secretary of State shall consult—

(a)[F43[F44the Office for Nuclear Regulation]] ; and

(b)such other persons as he considers appropriate.

(6)The power to make the regulations is exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

[F45(6A)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)—

(a)the enrichment of uranium;

(b)activities carried on with a view to, or in connection with, the enrichment of uranium;

(c)the production, storage, transport or transmission of equipment or software for or on behalf of persons involved in uranium enrichment activities; or

(d)activities that make it reasonable to assume that he will become involved in something mentioned in paragraphs (a) to (c).]

(7)In this section—

(8)Any sums received by virtue of provision made under subsection (2)(f) shall be paid into the Consolidated Fund.

Annotations:

Amendments (Textual)

F38S. 77(1)(cza) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 105(2), 121(3)

F39S. 77(1)(ca) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(2), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F40S. 77(1)(d) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(3), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F41Words in s. 77(3)(a)(ii) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 32(2); S.I. 2014/251, art. 4

F44Words in s. 77(5)(a) substituted (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 32(4); S.I. 2014/251, art. 4

F46Words in s. 77(7) inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(5), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

F47Words in s. 77(7) inserted (18.12.2011) by Energy Act 2011 (c. 16), ss. 105(3), 121(3)

F49Words in s. 77(7)(a) substituted (5.10.2004) by Energy Act 2004 (c. 20), ss. 77(5)(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

78 Repeals relating to security of civil nuclear installationsE+W+S+N.I.

(1)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.

(2)F50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

79 Prohibition of disclosures relating to nuclear securityE+W+S+N.I.

(1)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—

(a)with the intention of prejudicing that security; or

(b)being reckless as to whether the disclosure might prejudice that security.

(2)The reference in subsection (1) to nuclear material is a reference to—

(a)nuclear material which is being held on any nuclear site, or

(b)nuclear material anywhere in the world which is being transported to or from a nuclear site or carried on board a British ship,

(including nuclear material which is expected to be so held, transported or carried).

(3)A person guilty of an offence under subsection (1) is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both); and

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

(4)In this section—

(5)This section applies to acts done outside the United Kingdom, but only if they are done by a United Kingdom person.

(6)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.

(7)Nothing in subsection (5) affects any criminal liability arising otherwise than under that subsection.

Annotations:

Amendments (Textual)

80 Prohibition of disclosures of uranium enrichment technologyE+W+S+N.I.

(1)This section applies to—

(a)any information about the enrichment of uranium; or

(b)any information or thing which is, or is likely to be, used in connection with the enrichment of uranium;

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.

(2)The Secretary of State may make regulations prohibiting the disclosure of information or things to which this section applies.

(3)A person who contravenes a prohibition is guilty of an offence and liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both); and

(b)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).

(4)The regulations may, in particular, provide for—

(a)a prohibition to apply, or not to apply—

(i)to such information or things; and

(ii)in such cases or circumstances,

as may be prescribed;

(b)the authorisation by the Secretary of State [F52or the Office for Nuclear Regulation] of disclosures that would otherwise be prohibited; and

(c)defences to an offence under subsection (3) relating to any prohibition.

(5)The regulations may—

(a)provide for any prohibition to apply to acts done outside the United Kingdom by United Kingdom persons;

(b)make different provision for different purposes; and

(c)make such incidental, supplementary and transitional provision as the Secretary of State thinks fit.

(6)The power to make the regulations is exercisable by statutory instrument.

(7)The regulations shall not be made unless a draft of the regulations has been laid before and approved by each House of Parliament.

[F53(7A)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.]

(8)In this section—

[F5480AExtension of Official Secrets Acts to certain placesE+W+S+N.I.

(1)A place to which subsection (2) applies is deemed to be a place belonging to or used for the purposes of Her Majesty for the purposes of section 3(c) of the Official Secrets Act 1911 (c. 28) (power of Secretary of State to declare a place belonging to or used for the purposes of Her Majesty a prohibited place).

(2)This subsection applies to a place if—

(a)equipment or software which is designed or adapted for use in, or in connection with, the enrichment of uranium (or which is not so designed or adapted but is likely to be of exceptional use in that connection) is held at the place, or

(b)information relating to, or capable of use in connection with, the enrichment of uranium is held at the place.

(3)In this section—

Annotations:

Amendments (Textual)

81 Part 8: supplementaryE+W+S+N.I.

(1)Proceedings for an offence under section 79 or 80 shall not be instituted—

(a)in England and Wales, except by or with the consent of the Attorney General; or

(b)in Northern Ireland, except by or with the consent of the [F55Advocate General for Northern Ireland] .

(2)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.

(3)For this purpose a United Kingdom national is an individual who is—

(a)a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

(c)a British protected person within the meaning of that Act.

Annotations:

Amendments (Textual)

Part 9 E+W+S+N.I.Aviation Security

82 Arrest without warrantE+W+S+N.I.

(1)F56. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where, in Scotland, a constable has reasonable grounds for suspecting that a person has committed—

(a)an offence under section 21C(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in restricted zone or on aircraft);

(b)an offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome),

he may arrest that person without warrant.

[F58(3A)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—

(a)a provision which prohibits specified behaviour by a person in an aircraft towards a member of the crew of the aircraft,

(b)a provision which prohibits a person from being drunk in an aircraft, in so far as the provision applies to passengers, or

(c)a provision which prohibits specified behaviour by a person, being behaviour which is likely to endanger an aircraft, or a person in an aircraft,

the constable may arrest that person without warrant.]

(4)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.

83 Trespass on aerodrome: penaltyE+W+S+N.I.

(1)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 ”.

(2)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.

84 Removal of intruderE+W+S+N.I.

(1)At the end of section 21C of the Aviation Security Act 1982 (unauthorised presence in aerodrome) add—

(4)A constable, the manager of an aerodrome or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above.

(2)At the end of section 21D of that Act (unauthorised presence on aircraft) add—

(3)A constable, the operator of an aircraft or a person acting on his behalf may use reasonable force to remove a person who fails to comply with a request under subsection (1)(b) above.

85 Aviation security servicesE+W+S+N.I.

After section 20 of the Aviation Security Act 1982 (c. 36) (security directions: inspection) insert—

20A Aviation security services: approved providers

(1)In this section “aviation security service” means a process or activity carried out for the purpose of—

(a)complying with a requirement of a direction under any of sections 12 to 14, or

(b)facilitating a person’s compliance with a requirement of a direction under any of those sections.

(2)Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular aviation security service.

(3)The regulations may—

(a)prohibit the provision of an aviation security service by a person who is not listed in respect of that service;

(b)prohibit the use or engagement for the provision of an aviation security service of a person who is not listed in respect of that service;

(c)create a criminal offence;

(d)make provision about application for inclusion in the list (including provision about fees);

(e)make provision about the duration and renewal of entries on the list (including provision about fees);

(f)make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;

(g)make provision about removal from the list which shall include provision for appeal;

(h)make provision about the inspection of activities carried out by listed persons;

(i)confer functions on the Secretary of State or on a specified person;

(j)confer jurisdiction on a court.

(4)Regulations under subsection (3)(c)—

(a)may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,

(b)may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and

(c)may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

(5)A direction under any of sections 12 to 14 may—

(a)include a requirement to use a listed person for the provision of an aviation security service;

(b)provide for all or part of the direction not to apply or to apply with modified effect where a listed person provides an aviation security service.

(6)Regulations under this section—

(a)may make different provision for different cases,

(b)may include incidental, supplemental or transitional provision,

(c)shall be made by the Secretary of State by statutory instrument,

(d)shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and

(e)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

86 Detention of aircraftE+W+S+N.I.

(1)After section 20A of the Aviation Security Act 1982 (c. 36) (aviation security services) (inserted by section 85)) insert—

Detention of aircraftE+W+S+N.I.

20B Detention direction

(1)An authorised person may give a detention direction in respect of an aircraft if he is of the opinion that—

(a)a person has failed to comply or is likely to fail to comply with a requirement of a direction under section 12 or 14 of this Act in respect of the aircraft,

(b)a person has failed to comply with a requirement of an enforcement notice in respect of the aircraft,

(c)a threat has been made to commit an act of violence against the aircraft or against any person or property on board the aircraft, or

(d)an act of violence is likely to be committed against the aircraft or against any person or property on board the aircraft.

(2)A detention direction in respect of an aircraft—

(a)shall be given in writing to the operator of the aircraft, and

(b)shall require him to take steps to ensure that the aircraft does not fly while the direction is in force.

(3)An authorised person who has given a detention direction in respect of an aircraft may do anything which he considers necessary or expedient for the purpose of ensuring that the aircraft does not fly while the direction is in force; in particular, the authorised person may—

(a)enter the aircraft;

(b)arrange for another person to enter the aircraft;

(c)arrange for a person or thing to be removed from the aircraft;

(d)use reasonable force;

(e)authorise the use of reasonable force by another person.

(4)The operator of an aircraft in respect of which a detention direction is given may object to the direction in writing to the Secretary of State.

(5)On receipt of an objection to a detention direction under subsection (4) the Secretary of State shall—

(a)consider the objection,

(b)allow the person making the objection and the authorised person who gave the direction an opportunity to make written or oral representations to the Secretary of State or to a person appointed by him,

(c)confirm, vary or cancel the direction, and

(d)give notice of his decision in writing to the person who made the objection and to the authorised person who gave the direction.

(6)A detention direction in respect of an aircraft shall continue in force until—

(a)an authorised person cancels it by notice in writing to the operator of the aircraft, or

(b)the Secretary of State cancels it under subsection (5)(c).

(7)A person commits an offence if—

(a)without reasonable excuse he fails to comply with a requirement of a detention direction, or

(b)he intentionally obstructs a person acting in accordance with subsection (3).

(8)A person who is guilty of an offence under subsection (7) shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, or

(b)on conviction on indictment, to a fine, to imprisonment for a term not exceeding two years or to both.

(9)A detention direction may be given in respect of—

(a)any aircraft in the United Kingdom, and

(b)any aircraft registered or operating in the United Kingdom.

(10)A detention direction may be given in respect of a class of aircraft; and for that purpose—

(a)a reference to “the aircraft” in subsection (1) shall be treated as a reference to all or any of the aircraft within the class, and

(b)subsections (2) to (9) shall apply as if the direction were given in respect of each aircraft within the class.

(2)In section 23 of the Aviation Security Act 1982 (c. 36) (annual report)—

(a)in subsection (1) after “enforcement notices” insert “ and detention directions ”, and

(b)in subsection (2) for “and enforcement notices” substitute “ , enforcement notices and detention directions ”.

(3)At the end of section 24 of that Act add—

(9)Subsections (6) to (8) above shall apply to a detention direction as they apply to an enforcement notice.

87 Air cargo agent: documentsE+W+S+N.I.

After section 21F of the Aviation Security Act 1982 (air cargo agents) insert—

21F A Air cargo agents: documents

(1)A person commits an offence if with intent to deceive he issues a document which purports to be issued by a person on a list of approved air cargo agents maintained under section 21F(2)(a) of this Act.

(2)A person guilty of an offence under subsection (1) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

88 Extent outside United KingdomE+W+S+N.I.

(1)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.

(2)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.

Part 10 E+W+S+N.I.Police Powers

IdentificationE+W+S+N.I.

89 Fingerprinting of terrorist suspectsE+W+S+N.I.

(1)Schedule 8 to the Terrorism Act 2000 (c. 11) (persons detained under terrorism provisions) is amended as follows.

(2)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—

(6A)An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—

(a)he is satisfied that the fingerprints of the detained person will facilitate the ascertainment of that person’s identity; and

(b)that person has refused to identify himself or the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(6B)In this paragraph references to ascertaining a person’s identity include references to showing that he is not a particular person.

(3)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—

’(2)Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if—

(a)in the case of a person detained under section 41 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement; or

(b)in any case, he is satisfied that it is necessary to do so in order to assist in determining whether the person falls within section 40(1)(b).

(2A)A constable may also take fingerprints from a detained person or require him to provide them if—

(a)he is satisfied that the fingerprints of that person will facilitate the ascertainment of that person’s identity; and

(b)that person has refused to identify himself or the constable has reasonable grounds for suspecting that that person is not who he claims to be.

(2B)In this section references to ascertaining a person’s identity include references to showing that he is not a particular person.’

(4)For paragraph 20(3) substitute—

(3)Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.

(4)In this paragraph—

(a)a reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

90 Searches, examinations and fingerprinting: England and WalesE+W+S+N.I.

(1)After section 54 of the Police and Criminal Evidence Act 1984 (c. 60) (searches of detained persons) insert—

54A Searches and examination to ascertain identity

(1)If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—

(a)for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or

(b)for the purpose of facilitating the ascertainment of his identity.

(2)An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if—

(a)the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or

(b)it is not practicable to obtain such consent.

(3)An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if—

(a)the person in question has refused to identify himself; or

(b)the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(4)An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5)Any identifying mark found on a search or examination under this section may be photographed—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(6)Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are—

(a)constables; and

(b)persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated;

and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable.

(7)A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.

(8)An intimate search may not be carried out under this section.

(9)A photograph taken under this section—

(a)may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b)after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(10)In subsection —

(a)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(11)In this section—

(a)references to ascertaining a person’s identity include references to showing that he is not a particular person; and

(b)references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.

(12)In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

(2)In section 61(4) of that Act (grounds on which fingerprinting of person detained at a police station may be authorised)—

(a)in paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of section 54A), or both ”;

(b)after that paragraph insert—

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.

91 Searches, examinations and fingerprinting: Northern IrelandE+W+S+N.I.

(1)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—

55A Searches and examination to ascertain identity

(1)If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—

(a)for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or

(b)for the purpose of facilitating the ascertainment of his identity.

(2)An officer may only give an authorisation under paragraph (1) for the purpose mentioned in sub-paragraph (a) of that paragraph if—

(a)the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or

(b)it is not practicable to obtain such consent.

(3)An officer may only give an authorisation under paragraph (1) in a case in which paragraph (2) does not apply if—

(a)the person in question has refused to identify himself; or

(b)the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(4)An officer may give an authorisation under paragraph (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5)Any identifying mark found on a search or examination under this Article may be photographed—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(6)Where a search or examination may be carried out under this Article, or a photograph may be taken under this Article, the only persons entitled to carry out the search or examination, or to take the photograph, are—

(a)constables; and

(b)persons who (without being constables) are designated for the purposes of this Article by the Chief Constable;

and Article 88 (use of force) applies to the exercise by a person falling within sub-paragraph (b) of the powers conferred by the preceding provisions of this Article as it applies to the exercise of those powers by a constable.

(7)A person may not under this Article carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.

(8)An intimate search may not be carried out under this Article.

(9)A photograph taken under this Article—

(a)may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b)after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(10)In paragraph (9)—

(a)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(11)In this Article—

(a)references to ascertaining a person’s identity include references to showing that he is not a particular person; and

(b)references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.

(12)In this Article “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this Article if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

(2)In Article 61(4) of that Order (grounds on which fingerprinting of person detained at a police station may be authorised)—

(a)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

(b)after that sub-paragraph insert—

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.

92 Photographing of suspects etc.: England and WalesE+W+S+N.I.

After section 64 of the Police and Criminal Evidence Act 1984 (c. 60) insert—

64A Photographing of suspects etc.

(1)A person who is detained at a police station may be photographed—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(2)A person proposing to take a photograph of any person under this section—

(a)may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and

(b)if the requirement is not complied with, may remove the item or substance himself.

(3)Where a photograph may be taken under this section, the only persons entitled to take the photograph are—

(a)constables; and

(b)persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated;

and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable.

(4)A photograph taken under this section—

(a)may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b)after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(5)In subsection (4)—

(a)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(6)References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

93 Photographing of suspects etc.: Northern IrelandE+W+S+N.I.

After Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) insert—

64A Photographing of suspects etc.

(1)A person who is detained at a police station may be photographed—

(a)with the appropriate consent; or

(b)if the appropriate consent is withheld or it is not practicable to obtain it, without it.

(2)A person proposing to take a photograph of any person under this Article—

(a)may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and

(b)if the requirement is not complied with, may remove the item or substance himself.

(3)Where a photograph may be taken under this Article, the only persons entitled to take the photograph are—

(a)constables; and

(b)persons who (without being constables) are designated for the purposes of this Article by the Chief Constable;

and Article 88 (use of force) applies to the exercise by a person falling within sub-paragraph (b) of the powers conferred by the preceding provisions of this Article as it applies to the exercise of those powers by a constable.

(4)A photograph taken under this Article—

(a)may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and

(b)after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.

(5)In paragraph (4)—

(a)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(6)References in this Article to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

94 Powers to require removal of disguises: England and WalesE+W+S+N.I.

(1)After section 60 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

60AA Powers to require removal of disguises

(1)Where—

(a)an authorisation under section 60 is for the time being in force in relation to any locality for any period, or

(b)an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period,

those powers shall be exercisable at any place in that locality at any time in that period.

(2)This subsection confers power on any constable in uniform—

(a)to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b)to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

(3)If a police officer of or above the rank of inspector reasonably believes—

(a)that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and

(b)that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection,

he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.

(4)If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which—

(a)have been committed in connection with the activities in respect of which the authorisation was given, or

(b)are reasonably suspected to have been so committed,

he may direct that the authorisation shall continue in force for a further twenty-four hours.

(5)If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed.

(6)Any authorisation under this section—

(a)shall be in writing and signed by the officer giving it; and

(b)shall specify—

(i)the grounds on which it is given;

(ii)the locality in which the powers conferred by this section are exercisable;

(iii)the period during which those powers are exercisable;

and a direction under subsection (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

(7)A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

(8)The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if references to a locality or to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises.

(9)In this section “British Transport Police Force” and “policed premises” each has the same meaning as in section 60.

(10)The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred.

(11)This section does not extend to Scotland.

(2)In section 60A(1) of that Act (retention of things seized under section 60), after “section 60” insert “ or 60AA ”.

(3)F59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

95 Powers to require removal of disguises: Northern IrelandE+W+S+N.I.

(1)In Part 5 of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), before Article 24 insert—

Temporary powers to deal with activities in a localityE+W+S+N.I.
23A Powers to require removal of disguises

(1)Where—

(a)an authorisation under paragraph (3) that the powers conferred by paragraph (2) shall be exercisable at any place in a locality is in force for any period, or

(b)an authorisation under Article 23B is for the time being in force in relation to any locality for any period,

those powers shall be exercisable at any place in that locality at any time in that period.

(2)This paragraph confers power on any constable in uniform—

(a)to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity;

(b)to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.

(3)If a police officer of or above the rank of inspector reasonably believes—

(a)that activities may take place in any locality that are likely (if they take place) to involve the commission of offences, and

(b)that it is expedient, in order to prevent or control the activities, to give an authorisation under this paragraph,

he may give an authorisation that the powers conferred by this Article shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.

(4)If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which—

(a)have been committed in connection with the activities in respect of which the authorisation was given, or

(b)are reasonably suspected to have been so committed,

he may direct that the authorisation shall continue in force for a further twenty-four hours.

(5)If an officer below the rank of superintendent gives an authorisation under paragraph , he must, as soon as it is practicable to do so, cause an officer of or above that rank to be informed.

(6)Any authorisation under this Article—

(a)shall be in writing and signed by the officer giving it; and

(b)shall specify—

(i)the grounds on which it is given;

(ii)the locality in which the powers conferred by this Article are exercisable;

(iii)the period during which those powers are exercisable;

and a direction under paragraph (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

(7)A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this Article shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

(8)The powers conferred by this Article are in addition to, and not in derogation of, any power otherwise conferred.

(2)F60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of stop, search and seizure in Northern IrelandE+W+S+N.I.

96 Power to stop and search in anticipation of violenceE+W+S+N.I.

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—

23B Powers to stop and search in anticipation of violence

(1)If a police officer of or above the rank of inspector reasonably believes—

(a)that incidents involving serious violence may take place in any locality, and that it is expedient to give an authorisation under this Article to prevent or control their occurrence, or

(b)that persons are carrying dangerous instruments or offensive weapons in any locality without good reason,

he may give an authorisation that the powers conferred by this Article are to be exercisable at any place within that locality for a specified period not exceeding twenty-four hours.

(2)This Article confers power on any constable in uniform—

(a)to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments;

(b)to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments;

and a constable may in the exercise of those powers stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or dangerous instruments.

(3)If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which—

(a)have been committed in connection with the activities in respect of which the authorisation was given, or

(b)are reasonably suspected to have been so committed,

he may direct that the authorisation shall continue in force for a further twenty-four hours.

(4)If an officer below the rank of superintendent gives an authorisation under paragraph () he must, as soon as it is practicable to do so, cause an officer of or above that rank to be informed.

(5)If in the course of a search under this Article a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it.

(6)This Article applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles.

(7)A person who fails to stop or (as the case may be) fails to stop a vehicle when required to do so by a constable in the exercise of his powers under this Article shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both.

(8)Any authorisation under this Article—

(a)shall be in writing and signed by the officer giving it; and

(b)shall specify—

(i)the grounds on which it is given;

(ii)the locality in which the powers conferred by this Article are exercisable;

(iii)the period during which those powers are exercisable;

and a direction under paragraph () shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so.

(9)Where a vehicle is stopped by a constable under this Article the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this Article if he applies for such a statement not later than the end of the period of 12 months from the day on which the vehicle was stopped.

(10)A person who is searched by a constable under this Article shall be entitled to obtain a written statement that he was searched under the powers conferred by this Article if he applies for such a statement not later than the end of the period of 12 months from the day on which he was searched.

(11)The powers conferred by this Article are in addition to, and not in derogation of, any power otherwise conferred.

(12)For the purposes of this Article, a person carries a dangerous instrument or an offensive weapon if he has it in his possession.

(13)In this Article—

97 Seized articlesE+W+S+N.I.

In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23B insert—

23C Retention and disposal of things seized under Article 23A and 23B

(1)Anything seized by a constable under Article 23A or 23B may be retained in accordance with regulations made by the Secretary of State under this Article.

(2)The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things.

(3)Regulations made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

MoD and transport policeE+W+S+N.I.

98 Jurisdiction of MoD policeE+W+S+N.I.

(1)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.

(2)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).

(3)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—

(ba)in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Prevention of Corruption Acts 1889 to 1916 in relation to such persons;.

(4)After that subsection insert—

(3A)Where a member of the Ministry of Defence Police has been requested by a constable of—

(a)the police force for any police area;

(b)the Police Service of Northern Ireland;

(c)the British Transport Police Force; or

(d)the United Kingdom Atomic Energy Authority Constabulary,

to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below.

(3B)Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above—

(a)if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area;

(b)if it was made under paragraph (b) of that subsection, only in Northern Ireland;

(c)if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or

(d)if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the United Kingdom Atomic Energy Authority Constabulary.

(3C)Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,—

(a)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

(b)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.

(3D)But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if—

(a)they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and

(b)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 (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

(5)In subsection (4) (territorial waters)—

(a)for “to (3)” substitute “ to (3D) ”, and

(b)for “subsections (1) and (3)” substitute “ those subsections ”.

(6)In subsection (5)—

(a)after the definition of “appropriate Gazette” insert—

British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);, F61. . .

(b)F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Commencement Information

I1S. 98 wholly in force at 7.1.2002; s. 98 in force at Royal Assent except so far as it extends to Scotland see s. 127(2)(e); s. 98 in force for Scotland at 7.1.2002 by S.I. 2001/4104, art. 2

99 Provision of assistance by MoD policeE+W+S+N.I.

After section 2 of the Ministry of Defence Police Act 1987 (c. 4) insert—

2A Provision of assistance to other forces

(1)The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources.

(2)Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section—

(a)he shall be under the direction and control of the chief officer of that force; and

(b)he shall have the same powers and privileges as a member of that force.

(3)Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above.

(4)In this section—

Annotations:

Commencement Information

I2S. 99 wholly in force at 7.1.2002; s. 99 in force at Royal Assent except so far as it extends to Scotland see s. 127(2)(e); s. 99 in force for Scotland at 7.1.2002 by S.I. 2001/4104, art. 2

100 Jurisdiction of transport policeE+W+S

(1)Where a member of the British Transport Police Force has been requested by a constable of—

(a)the police force for any police area,

(b)the Ministry of Defence Police, or

[F62(c)the Civil Nuclear Constabulary,]

(“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.

(2)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—

(a)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

(b)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 [F63or damage to property] .

(3)But members of the British Transport Police Force have powers and privileges by virtue of subsection (2) only if—

(a)[F64they are in uniform or have with them documentary evidence that they are members of that Force, and]

(b)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.

[F65(3A)In the application of this section to Scotland—

(a)references to a “police area” are references to Scotland; and

(b)references to the “police force” for a police area are references to the Police Service of Scotland.]

(4)In this section—

Annotations:

Amendments (Textual)

F62S. 100(1)(c) substituted (1.4.2005) by Energy Act 2004 (c. 20), ss. 69, 198(2), Sch. 14 para. 10(3); S.I. 2005/877, art. 2(1), Sch. 1 Table

F63Words in s. 100(2)(b) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 22(1)(a), 57(3)

F64S. 100(3)(a) omitted (E.W.) (12.4.2015) by virtue of Infrastructure Act 2015 (c. 7), ss. 22(1)(b), 57(3)

F66S. 100(4): definition of "British Transport Police Force" ceases to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4 (with s. 90); S.I. 2004/1572, art. 3(ddd)(jjj)

F67S. 100(4): definition of "United Kingdom Atomic Energy Authority Constabulary" and preceding word repealed (1.4.2005) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1; S.I. 2005/877, art. 2(1) Sch. 1 Table

Modifications etc. (not altering text)

Commencement Information

I3S. 100 wholly in force at 7.1.2002; s. 100 in force at Royal Assent except so far as it extends to Scotland, see s. 127; s. 100 in force for Scotland at 7.1.2002 by S.I. 2001/4104, art. 2

101 Further provisions about transport police and MoD policeE+W+S+N.I.

Schedule 7 contains amendments relating to the British Transport Police Force and the Ministry of Defence Police.

Annotations:

Commencement Information

I4S. 101 wholly in force at 7.1.2002; s. 101 in force at Royal Assent for specified purposes see s. 127(2)(e); s. 101 in force for remaining purposes at 7.1.2002 by S.I. 2001/4104, art. 2

Part 11 E+W+S+N.I.Retention of Communications Data

102 Codes and agreements about the retention of communications dataE+W+S+N.I.

(1)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.

(2)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.

(3)A code of practice or agreement under this section may contain any such provision as appears to the Secretary of State to be necessary—

(a)for the purpose of safeguarding national security; or

(b)for the purposes of prevention or detection of crime or the prosecution of offenders which may relate directly or indirectly to national security.

(4)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.

(5)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.

103 Procedure for codes of practiceE+W+S+N.I.

(1)Before issuing the code of practice under section 102 the Secretary of State shall—

(a)prepare and publish a draft of the code; and

(b)consider any representations made to him about the draft;

and the Secretary of State may incorporate in the code finally issued any modifications made by him to the draft after its publication.

(2)Before publishing a draft of the code the Secretary of State shall consult with—

(a)the Information Commissioner; and

(b)the communications providers to whom the code will apply.

(3)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.

(4)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.

(5)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.

(6)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.

(7)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.

(8)The Secretary of State may from time to time—

(a)revise the whole or any part of the code issued under section 102; and

(b)issue the revised code.

(9)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.

(10)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.

104 Directions about retention of communications dataE+W+S+N.I.

(1)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).

(2)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—

(a)to communications providers generally;

(b)to communications providers of a description specified in the direction; or

(c)to any particular communications providers or provider.

(3)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.

(4)Before giving a direction under this section the Secretary of State shall consult—

(a)with the communications provider or providers to whom it will apply; or

(b)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.

(5)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.

(6)It shall be the duty of a communications provider to comply with any direction under this section that applies to him.

(7)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.

(8)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.

Annotations:

Modifications etc. (not altering text)

C37S. 104: by virtue of s. 105(1)(2) of this Act, s. 104 ceases to have effect at the end of the "initial period"; initial period extended for a period of two years by S.I. 2003/3173, art. 2 and extended for a further period of two years by S.I. 2005/3335, art. 2

105 Lapsing of powers in section 104E+W+S+N.I.

(1)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.

(2)Subject to subsection (3), the initial period is the period of two years beginning with the day on which this Act is passed.

(3)The Secretary of State may by order made by statutory instrument extend, or (on one or more occasions) further extend the initial period.

(4)An order under subsection (3)—

(a)must be made before the time when the initial period would end but for the making of the order; and

(b)shall have the effect of extending, or further extending, that period for the period of two years beginning with that time.

(5)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.

106 Arrangements for paymentsE+W+S+N.I.

(1)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—

(a)in complying with the provisions of any code of practice, agreement or direction under this Part, or

(b)as a consequence of the retention of any communications data in accordance with any such provisions.

(2)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.

107 Interpretation of Part 11E+W+S+N.I.

(1)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.

(2)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.

Part 12E+W+N.I.Bribery and Corruption

F68108 Bribery and corruption: foreign officers etc.E+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F68109 Bribery and corruption committed outside the UKE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F68110 Presumption of corruption not to applyE+W+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

Part 13 E+W+S+N.I.Miscellaneous

Third pillar of the European UnionE+W+S+N.I.

111 Implementation of the third pillarE+W+S+N.I.

(1)At any time before 1st July 2002, an authorised Minister may by regulations make provision—

(a)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,

(b)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

(c)for the purpose of dealing with matters arising out of or related to any such obligation or rights.

(2)For the purposes of subsection (1), the following are third pillar measures—

(a)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,

(b)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,

(c)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

(d)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.

(3)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.

(4)The powers conferred by subsection (1) do not include power—

(a)to make any provision imposing or increasing taxation,

(b)to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision,

(c)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

(d)to create, except in accordance with subsection (6), a criminal offence which is punishable—

(i)on conviction on indictment, with imprisonment for more than two years,

(ii)on summary conviction, with imprisonment for more than three months,

(iii)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

(iv)on summary conviction, with a fine of more than £100 a day.

(5)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).

(6)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—

(a)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,

(b)the offence, if committed in particular circumstances, would be an offence falling within paragraph (a), or

(c)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.

112 Third pillar: supplementalE+W+S+N.I.

(1)Authorised Minister” in section 111(1) has the meaning given by subsections (2) and (3).

(2)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)).

(3)For any other purpose, the following are authorised Ministers—

(a)the Secretary of State,

(b)the Lord Chancellor,

(c)the Treasury,

(d)the National Assembly for Wales, if designated under subsection (4),

(e)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).

(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.

(5)An Order in Council under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6)The power to make regulations under section 111(1)—

(a)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)),

(b)in any other case, is exercisable by statutory instrument.

(7)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.

(8)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.

(9)Subsection (7) does not apply to a statutory instrument containing regulations made by the National Assembly for Wales unless the statutory instrument contains regulations—

(a)made by the Secretary of State, the Lord Chancellor or the Treasury (whether or not jointly with the Assembly),

(b)relating to an English border area, or

(c)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);

and in this subsection expressions used in the Government of Wales Act 1998 (c. 38) have the same meaning as in that Act.

(10)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.

Dangerous substancesE+W+S+N.I.

113 Use of noxious substances or things to cause harm and intimidateE+W+S+N.I.

(1)A person who takes any action which—

(a)involves the use of a noxious substance or other noxious thing;

(b)has or is likely to have an effect falling within subsection (2); and

(c)is designed to influence the government [F69or an international governmental organisation] or to intimidate the public or a section of the public,

is guilty of an offence.

(2)Action has an effect falling within this subsection if it—

(a)causes serious violence against a person anywhere in the world;

(b)causes serious damage to real or personal property anywhere in the world;

(c)endangers human life or creates a serious risk to the health or safety of the public or a section of the public; or

(d)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;

but any effect on the person taking the action is to be disregarded.

(3)A person who—

(a)makes a threat that he or another will take any action which constitutes an offence under subsection (1); and

(b)intends thereby to induce in a person anywhere in the world the fear that the threat is likely to be carried out,

is guilty of an offence.

(4)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and

(b)on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine (or both).

(5)In this section—

Annotations:

Amendments (Textual)

[F70113AApplication of section 113E+W+S+N.I.

(1)Section 113 applies to conduct done—

(a)in the United Kingdom; or

(b)outside the United Kingdom which satisfies the following two conditions.

(2)The first condition is that the conduct is done for the purpose of advancing a political, religious [F71, racial] or ideological cause.

(3)The second condition is that the conduct is—

(a)by a United Kingdom national or a United Kingdom resident;

(b)by any person done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person; or

(c)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.

(4)The following expressions have the same meaning as they have for the purposes of sections 63C and 63D of that Act—

(a)United Kingdom national”;

(b)United Kingdom resident”;

(c)protected person”.

(5)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.

Annotations:

Amendments (Textual)

F71Word in s. 113A(2) inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 75(1)(2)(b), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(c)

113BConsent to prosecution for offence under section 113E+W+S+N.I.

(1)Proceedings for an offence committed under section 113 outside the United Kingdom are not to be started—

(a)in England and Wales, except by or with the consent of the Attorney General;

(b)in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.

(2)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.

(3)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.]

Annotations:

Amendments (Textual)

114 Hoaxes involving noxious substances or thingsE+W+S+N.I.

(1)A person is guilty of an offence if he—

(a)places any substance or other thing in any place; or

(b)sends any substance or other thing from one place to another (by post, rail or any other means whatever);

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.

(2)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.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and

(b)on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both).

115 Sections 113 and 114: supplementaryE+W+S+N.I.

(1)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).

(2)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.

Intelligence Services Act 1994E+W+S+N.I.

116 Amendments of Intelligence Services Act 1994E+W+S+N.I.

(1)In section 7 of the Intelligence Services Act 1994 (c. 13) (authorisation of acts outside the British Islands), in subsection (3) —

(a)in paragraphs (a) and (b)(i), after “the Intelligence Service” insert, in each case, “ or GCHQ; and

(b)in paragraph (c), after “2(2)(a)” insert “ or 4(2)(a) ”.

(2)After subsection (8) of that section insert—

(9)For the purposes of this section the reference in subsection (1) to an act done outside the British Islands includes a reference to any act which—

(a)is done in the British Islands; but

(b)is or is intended to be done in relation to apparatus that is believed to be outside the British Islands, or in relation to anything appearing to originate from such apparatus;

and in this subsection “apparatus” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(3)In section 11(1A) of that Act (prevention and detection of crime to have the same meaning as in Chapter 1 of Part 1 of the Regulation of Investigatory Powers Act 2000), for the words from “for the purposes of this Act” to the end of the subsection substitute—

(a)for the purposes of section 3 above, as it applies for the purposes of Chapter 1 of Part 1 of that Act; and

(b)for the other purposes of this Act, as it applies for the purposes of the provisions of that Act not contained in that Chapter.

Terrorism Act 2000E+W+S+N.I.

117 Information about acts of terrorismE+W+S+N.I.

(1)The Terrorism Act 2000 (c. 11) is amended as follows.

(2)After section 38 insert—

38B Information about acts of terrorism

(1)This section applies where a person has information which he knows or believes might be of material assistance—

(a)in preventing the commission by another person of an act of terrorism, or

(b)in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.

(2)The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3).

(3)Disclosure is in accordance with this subsection if it is made—

(a)in England and Wales, to a constable,

(b)in Scotland, to a constable, or

(c)in Northern Ireland, to a constable or a member of Her Majesty’s forces.

(4)It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure.

(5)A person guilty of an offence under this section shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum or to both.

(6)Proceedings for an offence under this section may be taken, and the offence may for the purposes of those proceedings be treated as having been committed, in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1).

(3)In section 39(3) (disclosure of information etc.), after “21” insert “ or 38B ”.

118 Port and airport controls for domestic travelE+W+S+N.I.

(1)Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.

(2)In paragraph 2(2)(b), at the end insert “or his travelling by air within Great Britain or within Northern Ireland.”

(3)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). ”

(4)For paragraph 9(2) substitute—

(2)This paragraph applies to—

(a)goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship or vehicle, and

(b)goods which have arrived at or are about to leave any place in Great Britain or Northern Ireland on an aircraft (whether the place they have come from or are going to is within or outside Great Britain or Northern Ireland).

119 Passenger informationE+W+S+N.I.

(1)Paragraph 17 of Schedule 7 to the Terrorism Act 2000 (c. 11) (port and border controls: passenger information) is amended as follows.

(2)For sub-paragraph (1) substitute—

(1)This paragraph applies to a ship or aircraft which—

(a)arrives or is expected to arrive in any place in the United Kingdom (whether from another place in the United Kingdom or from outside the United Kingdom), or

(b)leaves or is expected to leave the United Kingdom.

(3)In sub-paragraph (4)—

(a)omit the “or” at the end of paragraph (b), and

(b)after paragraph (c) add— , or

(d)to goods.

120 Weapons training for terroristsE+W+S+N.I.

(1)In section 54(1) and (2) of the Terrorism Act 2000 (weapons training for terrorists), after paragraph (a) insert—

(aa)radioactive material or weapons designed or adapted for the discharge of any radioactive material,.

(2)In section 55 of that Act (definitions)—

(a)for the definition of “biological weapon” substitute—

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,;

(b)after the definition of “chemical weapon” insert—

radioactive material” means radioactive material capable of endangering life or causing harm to human health,;

and

(c)the definition of “nuclear weapon” shall cease to have effect.

121 Crown Court judges: Northern IrelandE+W+S+N.I.

(1)The Terrorism Act 2000 (c. 11) is amended as follows.

(2)In paragraph 18 of Schedule 5 (terrorist investigations: application to Northern Ireland)—

(a)omit paragraph (e);

(b)in paragraph (g) for “county court judge” substitute “ Crown Court judge ”.

(3)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 ”.

(4)In paragraph 3(c) of Schedule 6 (persons by whom financial information orders may be made) for “county court judge” substitute “ Crown Court judge ”.

Part 14 E+W+S+N.I.Supplemental

F72122 Review of ActE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F73123 Effect of reportE+W+S+N.I.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

124 Consequential and supplementary provisionE+W+S+N.I.

(1)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.

(2)An order under this section may, in particular, make provision—

(a)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,

(b)for making savings, or additional savings, from the effect of any repeal or revocation made by or under this Act.

(3)Amendments made under this section are in addition, and without prejudice, to those made by or under any other provision of this Act.

(4)No other provision of this Act restricts the powers conferred by this section.

(5)An order under this section may make different provision for different purposes.

(6)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.

(7)In this Part, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

125 Repeals and revocationE+W+S+N.I.

The enactments mentioned in Schedule 8 are repealed or revoked to the extent specified in the second column of that Schedule.

Annotations:

Commencement Information

I5S. 125 partly in force, s. 125 in force for specified purposes, see s. 127

126 ExpensesE+W+S+N.I.

There shall be paid out of money provided by Parliament—

(a)any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b)any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

127 CommencementE+W+S+N.I.

(1)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.

(2)The following provisions come into force on the day on which this Act is passed—

(a)Parts 2 to 6,

(b)Part 8, except section 78,

(c)Part 9, except sections 84 and 87,

(d)sections 89 to 97,

(e)sections 98 to 100, except so far as they extend to Scotland,

(f)section 101 and Schedule 7, except so far as they relate to the entries in respect of the Police (Scotland) Act 1967,

(g)Part 11,

(h)Part 13, except section 121,

(i)this Part, except section 125 and Schedule 8 so far as they relate to the entries—

(i)in Part 1 of Schedule 8,

(ii)in Part 5 of Schedule 8, in respect of the Nuclear Installations Act 1965,

(iii)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,

(iv)in Part 7 of Schedule 8, in respect of Schedule 5 to the Terrorism Act 2000.

(3)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—

(a)section 84,

(b)section 87.

(4)The following provisions come into force on such day as the Secretary of State and the Scottish Ministers, acting jointly, may appoint by order—

(a)sections 98 to 100, so far as they extend to Scotland,

(b)section 101 and Schedule 7, so far as they relate to the entries in respect of the Police (Scotland) Act 1967, and

(c)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.

(5)Different days may be appointed for different provisions and for different purposes.

(6)An order under this section—

(a)must be made by statutory instrument, and

(b)may contain incidental, supplemental, consequential or transitional provision.

Annotations:

Subordinate Legislation Made

P1S. 127 power exercised: 20.12.2001 appointed for specified provisions by S.I. 2001/4019, art. 2 (with art. 3)

P2S. 127(1) power partly exercised: 14.2.2002 appointed for specified provisions by S.I. 2002/228, art. 2; 31.5.2002 appointed for specified provisions by S.I. 2002/1279, art. 2; 7.7.2002 appointed for specified provision by S.I. 2002/1558, art. 2

P3S. 127(4) power exercised: 7.1.2002 appointed for specified provisions by S.I. 2001/4019, art. 2

128 ExtentE+W+S+N.I.

(1)The following provisions do not extend to Scotland—

(a)Part 5,

(b)Part 12,

(c)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.

(2)The following provisions do not extend to Northern Ireland—

(a)section 76,

(b)section 100.

(3)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.

129 Short titleE+W+S+N.I.

This Act may be cited as the Anti-terrorism, Crime and Security Act 2001.

SCHEDULES

Section 1

SCHEDULE 1E+W+S+N.I.Forfeiture of terrorist [F74cash] [F74property]

Annotations:

Amendments (Textual)

F74Word in Sch. 1 heading substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(2)

PART 1E+W+S+N.I.Introductory [F75: forfeiture of terrorist cash]

Annotations:

Amendments (Textual)

F75Words in Sch. 1 Pt. 1 heading inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(3)

Terrorist cashE+W+S+N.I.

1(1)This Schedule [F76(other than Parts 4A and 4B)] applies to cash (“terrorist cash”) which—E+W+S+N.I.

(a)is within subsection (1)(a) or (b) of section 1, or

(b)is property earmarked as terrorist property.

(2)Cash” means—

(a)coins and notes in any currency,

(b)postal orders,

(c)cheques of any kind, including travellers’ cheques,

(d)bankers’ drafts,

(e)bearer bonds and bearer shares,

[F77(f)gaming vouchers,

(g)fixed-value casino tokens,

(h)betting receipts,]

found at any place in the United Kingdom.

(3)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.

(4)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.

[F78(5)For the purposes of sub-paragraph (2)—

(a)gaming voucher” means a voucher in physical form issued by a gaming machine that represents a right to be paid the amount stated on it;

(b)fixed-value casino token” means a casino token that represents a right to be paid the amount stated on it;

(c)betting receipt” means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.

(6)In sub-paragraph (5)—

(7)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).]

Annotations:

Amendments (Textual)

F76Words in Sch. 1 para. 1(1) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(4)

F77Sch. 1 para. 1(2)(f)-(h) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(2)(a), 58(1)(6)

F78Sch. 1 para. 1(5)-(7) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(2)(b), 58(1)(6)

PART 2E+W+S+N.I.Seizure and detention [F79of terrorist cash]

Annotations:

Amendments (Textual)

F79Words in Sch. 1 Pt. 2 heading inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(5)

Seizure of cashE+W+S+N.I.

2(1)An authorised officer may seize any cash if he has reasonable grounds for suspecting that it is terrorist cash.E+W+S+N.I.

(2)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.

Detention of seized cashE+W+S+N.I.

3(1)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.E+W+S+N.I.

[F80(1A)In determining the period of 48 hours specified in sub-paragraph (1) there shall be disregarded—

(a)any Saturday or Sunday;

(b)Christmas Day;

(c)Good Friday;

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the cash is seized;

(e)any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the sheriff court district in which the cash is seized.]

(2)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)beyond the end of the period of [F81three] [F816] months beginning with the date of the order, and

(b)in the case of any further order under this paragraph, beyond the end of the period of two years beginning with the date of the first order.

(3)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.

[F82(3A)An application to [F83a magistrates' court,] a justice of the peace or the sheriff for an order under sub-paragraph (2) making the first extension of the period—

(a)may be made and heard without notice of the application or hearing having been given to any of the persons affected by the application or to the legal representative of such a person, and

(b)may be heard and determined in private in the absence of persons so affected and of their legal representatives.]

(4)An order under sub-paragraph (2) must provide for notice to be given to persons affected by it.

(5)An application for an order under sub-paragraph (2)—

(a)in relation to England and Wales and Northern Ireland, may be made by the Commissioners of Customs and Excise or an authorised officer,

(b)in relation to Scotland, may be made by a procurator fiscal,

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.

(6)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—

(a)its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b)proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(7)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—

(a)its continued detention is justified while investigation is made into whether or not it consists of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b)proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(8)The third condition is that there are reasonable grounds for suspecting that the cash is property earmarked as terrorist property and that either—

(a)its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b)proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

[F84(9)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—

(a)the condition in sub-paragraph (6), (7) or (8) is met in respect of part of the cash, and

(b)it is not reasonably practicable to detain only that part.]

Annotations:

Amendments (Textual)

F80Sch. 1 para. 3(1A) inserted (with application in accordance with s. 83(4) of the amending Act) by Counter-Terrorism Act 2008 (c. 28), ss. 83(2), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(h)

F81Word in Sch. 1 para. 3(2)(a) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(3)(a), 58(1)(6)

F82Sch. 1 para. 3(3A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), ss. 35(1), 39(2) (with s. 35(2)); S.I. 2006/1013, art. 2

F83Words in Sch. 1 para. 3(3A) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(6)

F84Sch. 1 para. 3(9) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(3)(b), 58(1)(6)

Payment of detained cash into an accountE+W+S+N.I.

4(1)If cash is detained under this Schedule for more than 48 hours [F85(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.E+W+S+N.I.

(2)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.

(3)Sub-paragraph (1) does not apply if the cash is required as evidence of an offence or evidence in proceedings under this Schedule.

Annotations:

Amendments (Textual)

F85Words in Sch. 1 para. 4(1) inserted (with application in accordance with s. 83(4) of the amending Act) by Counter-Terrorism Act 2008 (c. 28), ss. 83(3), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(h)

Release of detained cashE+W+S+N.I.

5(1)This paragraph applies while any cash is detained under [F86this Schedule] [F86any provision of this Schedule other than Part 2A] .E+W+S+N.I.

(2)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.

(3)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.

(4)[F87But cash is not to be released—

(a)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,

(b)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.]

Annotations:

Amendments (Textual)

F86Words in Sch. 1 para. 5(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(7)

F87Sch. 1 para. 5(4) omitted (27.4.2017 for specified purposes) by virtue of Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(8)

[F88PART 2AE+W+S+N.I.Forfeiture of terrorist cash without court order

Annotations:

Amendments (Textual)

F88Sch. 1 Pt. 2A inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(4), 58(1)(6)

Cash forfeiture noticeE+W+S+N.I.

5A(1)This paragraph applies while any cash is detained in pursuance of an order under paragraph 3(2).

(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.

(3)A notice given under sub-paragraph (2) is referred to in this Schedule as a cash forfeiture notice.

(4)A cash forfeiture notice must—

(a)state the amount of cash in respect of which it is given,

(b)state when and where the cash was seized,

(c)confirm that the senior officer is satisfied as mentioned in sub-paragraph (2),

(d)specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and

(e)explain that the cash will be forfeited unless an objection is received at that address within the period for objecting.

(5)The period for objecting must be at least 30 days starting with the day after the notice is given.

(6)The Secretary of State must by regulations made by statutory instrument make provision about how a cash forfeiture notice is to be given.

(7)The regulations may (amongst other things) provide—

(a)for a cash forfeiture notice to be given to such person or persons, and in such manner, as may be prescribed;

(b)for a cash forfeiture notice to be given by publication in such manner as may be prescribed;

(c)for circumstances in which, and the time at which, a cash forfeiture notice is to be treated as having been given.

(8)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.

(9)A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

(10)In this Part of this Schedule—

Effect of cash forfeiture noticeE+W+S+N.I.

5B(1)This paragraph applies if a cash forfeiture notice is given in respect of any cash.

(2)The cash is to be detained until—

(a)the cash is forfeited under this paragraph,

(b)the notice lapses under this paragraph, or

(c)the cash is released under a power conferred by this Schedule.

(3)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).

(4)If an objection is made within the period for objecting, the notice lapses.

(5)If an application is made for the forfeiture of the whole or any part of the cash under paragraph 6, the notice lapses.

(6)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.

(7)An objection may be made by anyone (whether a recipient of the notice or not).

(8)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.

(9)An objection does not prevent forfeiture of the cash under paragraph 6.

(10)Nothing in this paragraph affects the validity of an order under paragraph 3(2).

Detention following lapse of cash forfeiture noticeE+W+S+N.I.

5C(1)This paragraph applies if—

(a)a cash forfeiture notice is given in respect of any cash,

(b)the notice lapses under paragraph 5B(4), and

(c)the period for which detention of the cash was authorised under paragraph 3(2) has expired.

(2)The cash may be detained for a further period of up to 48 hours (calculated in accordance with paragraph 3(1A)).

(3)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.

(4)The applications are—

(a)an application for a further order under paragraph 3(2);

(b)an application for forfeiture of the cash under paragraph 6.

(5)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.

Application to set aside forfeitureE+W+S+N.I.

5D(1)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.

(2)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”).

(3)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—

(a)failed to object to the forfeiture within the period for objecting, and

(b)failed to make an application within the 30-day period.

(4)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)).

(5)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.

(6)Where the court or sheriff sets aside the forfeiture of any cash—

(a)the court or sheriff must order the release of that cash, and

(b)the cash is to be treated as never having been forfeited.

Release of cash subject to cash forfeiture noticeE+W+S+N.I.

5E(1)This paragraph applies while any cash is detained under paragraph 5B or 5C.

(2)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.

(3)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.

(4)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.

Application of cash forfeited under cash forfeiture noticeE+W+S+N.I.

5F(1)Cash forfeited in pursuance of paragraph 5B(3), and any accrued interest on it—

(a)if first detained in pursuance of an order under paragraph 3(2) made by a magistrates' court or a justice of the peace, is to be paid into the Consolidated Fund;

(b)if first detained in pursuance of an order under paragraph 3(2) made by the sheriff, is to be paid into the Scottish Consolidated Fund.

(2)But it is not to be paid in—

(a)before the end of the period within which an application under paragraph 5D may be made (ignoring the possibility of an application by virtue of paragraph 5D(3)), or

(b)if an application is made within that period, before the application is determined or otherwise disposed of.]

PART 3E+W+S+N.I.Forfeiture [F89of terrorist cash]

Annotations:

Amendments (Textual)

F89Words in Sch. 1 Pt. 3 heading inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(9)

ForfeitureE+W+S+N.I.

6(1)While cash is detained under this Schedule, an application for the forfeiture of the whole or any part of it may be made—E+W+S+N.I.

(a)to a magistrates’ court by the Commissioners of Customs and Excise or an authorised officer,

(b)(in Scotland) to the sheriff by the Scottish Ministers.

(2)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.

(3)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.

(4)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.

[F90Appeal against decision in forfeiture proceedingsE+W+S+N.I.

Annotations:

Amendments (Textual)

F90Sch. 1 paras. 7, 7A substituted for Sch. 1 para. 7 (with application in accordance with s. 84(2) of the amending Act) by Counter-Terrorism Act 2008 (c. 28), ss. 84(1), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(h)

7(1)A party to proceedings for an order under paragraph 6 (“a forfeiture order”) who is aggrieved by a forfeiture order made in the proceedings or by the decision of the court or sheriff not to make a forfeiture order may appeal—E+W+S+N.I.

(a)in England and Wales, to the Crown Court;

(b)in Scotland, to the sheriff principal;

(c)in Northern Ireland, to a county court.

(2)The appeal must be brought before the end of the period of 30 days beginning with the date on which the order is made or, as the case may be, the decision is given.

This is subject to paragraph 7A (extended time for appealing in certain cases of deproscription).

(3)The court or sheriff principal hearing the appeal may make any order that appears to the court or sheriff principal to be appropriate.

(4)If an appeal against a forfeiture order is upheld, the court or sheriff principal may order the release of [F91the whole or any part of] the cash.

Annotations:

Amendments (Textual)

F91Words in Sch. 1 para. 7(4) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(5), 58(1)(6)

Extended time for appealing in certain cases where deproscription order madeE+W+S+N.I.

7A(1)This paragraph applies where—E+W+S+N.I.

(a)a successful application for a forfeiture order relies (wholly or partly) on the fact that an organisation is proscribed,

(b)an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,

(c)the forfeited cash is seized under this Schedule on or after the date of the refusal of that application,

(d)an appeal against that refusal is allowed under section 5 of that Act,

(e)a deproscription order is made accordingly, and

(f)if the order is made in reliance on section 123(5) of that Act, a resolution is passed by each House of Parliament under section 123(5)(b).

(2)Where this paragraph applies, an appeal under paragraph 7 above against the forfeiture order may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.

(3)In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.]

Application of forfeited cashE+W+S+N.I.

8(1)Cash forfeited under [F92this Schedule] [F92paragraph 6] , and any accrued interest on it—E+W+S+N.I.

(a)if forfeited by a magistrates’ court in England and Wales or Northern Ireland, is to be paid into the Consolidated Fund,

(b)if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund.

(2)But it is not to be paid in—

(a)before the end of the period within which an appeal under paragraph 7 may be made, or

(b)if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.

Annotations:

Amendments (Textual)

F92Words in Sch. 1 para. 8(1) substituted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(10)

PART 4E+W+S+N.I.Miscellaneous [F93: terrorist cash]

Annotations:

Amendments (Textual)

F93Words in Sch. 1 Pt. 4 heading inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(11)

VictimsE+W+S+N.I.

9(1)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.E+W+S+N.I.

(2)The application may be made in the course of proceedings under paragraph 3 or 6 or at any other time.

(3)If it appears to the court or sheriff concerned that—

(a)the applicant was deprived of the cash claimed, or of property which it represents, by criminal conduct,

(b)the property he was deprived of was not, immediately before he was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property, and

(c)the cash claimed belongs to him,

the court or sheriff may order the cash to be released to the applicant.

[F94(4)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.

(5)This sub-paragraph applies where—

(a)the applicant is not the person from whom the cash claimed was seized,

(b)it appears to the court or sheriff that the cash belongs to the applicant,

(c)the court or sheriff is satisfied that the release condition is met in relation to the cash, and

(d)no objection to the making of an order under sub-paragraph (4) has been made by the person from whom the cash was seized.

(6)The release condition is met—

(a)in relation to cash detained under paragraph 3, if the conditions in that paragraph for the detention of the cash are no longer met,

(b)in relation to cash detained under paragraph 5B or 5C, if the cash is not terrorist cash, and

(c)in relation to cash detained pending the conclusion of proceedings in pursuance of an application under paragraph 6, if the court or sheriff decides not to make an order under that paragraph in relation to the cash.]

Annotations:

Amendments (Textual)

F94Sch. 1 para. 9(4)-(6) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), ss. 38(6), 58(1)(6)

[F95Restrictions on releaseE+W+S+N.I.

Annotations:

Amendments (Textual)

F95Sch. 1 para. 9A and cross-heading inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(12)

9ACash is not to be released under any power or duty conferred or imposed by this Schedule (and so is to continue to be detained)—E+W+S+N.I.

(a)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;

(b)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.]

CompensationE+W+S+N.I.

10(1)If no forfeiture order is made in respect of any cash detained under this Schedule, [F96and 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.E+W+S+N.I.

(2)If, for any period after the initial detention of the cash for 48 hours [F97(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.

(3)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.

(4)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 .

(5)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.

(6)If the cash was seized by a customs officer, the compensation is to be paid by the Commissioners of Customs and Excise.

(7)If the cash was seized by a constable, the compensation is to be paid as follows—

(a)in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met,

(b)in the case of a constable of [F98the Police Service of Scotland, it is to be paid by the Scottish Police Authority,]

(c)in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32), it is to be paid out of money provided by the Chief Constable.

[F99(7A)If the cash was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—

(a)in the case of a counter-terrorism financial investigator who was—

(i)a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii)a member of staff of the City of London police force,

it is to be paid out of the police fund from which the expenses of the police force are met,

(b)in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.]

(8)If the cash was seized by an immigration officer, the compensation is to be paid by the Secretary of State.

[F100(8A)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.]

(9)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.

(10)This paragraph does not apply if the court or sheriff makes an order under paragraph 9.

Annotations:

Amendments (Textual)

F96Words in Sch. 1 para. 10(1) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(13)

F97Words in Sch. 1 para. 10(2) inserted (with application in accordance with s. 83(4) of the amending Act) by Counter-Terrorism Act 2008 (c. 28), ss. 83(3), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(h)

F99Sch. 1 para. 10(7A) inserted (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 41(6)(a), 58(4)(6)

F100Sch. 1 para. 10(8A) inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(14)

[F101PART 4AE+W+S+N.I.Forfeiture of terrorist assets

Annotations:

Amendments (Textual)

F101Sch. 1 Pt. 4A inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 3 para. 2

Definition of “listed asset”E+W+S+N.I.

10A(1)In this Part of this Schedule, a “listed asset” means an item of property that falls within one of the following descriptions of property—E+W+S+N.I.

(a)precious metals;

(b)precious stones;

(c)watches;

(d)artistic works;

(e)face-value vouchers;

(f)postage stamps.

(2)The Secretary of State may by regulations made by statutory instrument amend sub-paragraph (1)—

(a)by removing a description of property;

(b)by adding a description of tangible personal (or corporeal moveable) property.

(3)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.

(4)In this paragraph—

(a)precious metal” means gold, silver or platinum (whether in an unmanufactured or a manufactured state);

(b)artistic work” means a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988;

(c)face-value voucher” means a voucher in physical form that represents a right to receive goods or services to the value of an amount stated on it.

Seizure of listed assetsE+W+S+N.I.

10B(1)An authorised officer may seize any item of property if the authorised officer has reasonable grounds for suspecting that—E+W+S+N.I.

(a)it is a listed asset, and

(b)it is within subsection (1)(a) or (b) of section 1 or it is property earmarked as terrorist property.

(2)An authorised officer may also seize any item of property if—

(a)the authorised officer has reasonable grounds for suspecting the item to be a listed asset,

(b)the authorised officer has reasonable grounds for suspecting that part of the item is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property, and

(c)it is not reasonably practicable to seize only that part.

Initial detention of seized propertyE+W+S+N.I.

10C(1)Property seized under paragraph 10B may be detained for an initial period of 48 hours.E+W+S+N.I.

(2)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).

(3)In calculating a period of hours for the purposes of this paragraph, no account shall be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday,

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the property is seized, or

(e)any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the property is seized.

Further detention of seized propertyE+W+S+N.I.

10D(1)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—E+W+S+N.I.

(a)in England and Wales or Northern Ireland, by a magistrates' court;

(b)in Scotland, by the sheriff.

(2)An order under sub-paragraph (1) may not authorise the detention of any property—

(a)beyond the end of the period of 6 months beginning with the date of the order, and

(b)in the case of any further order under this paragraph, beyond the end of the period of 2 years beginning with the date of the first order.

(3)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.

(4)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—

(a)may be made and heard without notice of the application or hearing having been given to any of the persons affected by the application or to the legal representatives of such a person, and

(b)may be heard and determined in private in the absence of persons so affected and of their legal representatives.

(5)An application for an order under sub-paragraph (1) may be made—

(a)in relation to England and Wales and Northern Ireland, by the Commissioners for Her Majesty's Revenue and Customs or an authorised officer;

(b)in relation to Scotland, by a procurator fiscal.

(6)The court, sheriff or justice may make the order if satisfied, in relation to the item of property to be further detained, that—

(a)it is a listed asset, and

(b)condition 1, condition 2 or condition 3 is met.

(7)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—

(a)its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or

(b)proceedings against any person for an offence with which the property is connected have been started and have not been concluded.

(8)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—

(a)its continued detention is justified while investigation is made into whether or not it consists of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or

(b)proceedings against any person for an offence with which the property is connected have been started and have not been concluded.

(9)Condition 3 is that there are reasonable grounds for suspecting that the property is property earmarked as terrorist property and that either—

(a)its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or

(b)proceedings against any person for an offence with which the property is connected have been started and have not been concluded.

(10)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—

(a)the item of property is a listed asset,

(b)condition 1, 2 or 3 is met in respect of part of the item, and

(c)it is not reasonably practicable to detain only that part.

(11)An order under sub-paragraph (1) must provide for notice to be given to persons affected by it.

Testing and safekeeping of property seized under paragraph 10BE+W+S+N.I.

10E(1)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.E+W+S+N.I.

(2)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.

Release of detained propertyE+W+S+N.I.

10F(1)This paragraph applies while any property is detained under this Part of this Schedule.E+W+S+N.I.

(2)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.

(3)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.

(4)But property is not to be released under this paragraph—

(a)if an application for its release under paragraph 10O is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;

(b)if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the property is connected, until the proceedings are concluded.

See also paragraph 10G(7).

ForfeitureE+W+S+N.I.

10G(1)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—E+W+S+N.I.

(a)to a magistrates' court, by the Commissioners for Her Majesty's Revenue and Customs or an authorised officer;

(b)to the sheriff, by the Scottish Ministers.

(2)The court or sheriff may order the forfeiture of the property or any part of it if satisfied that—

(a)the property is a listed asset, and

(b)what is to be forfeited is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property.

(3)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)the proceedings in which the order is made, or

(b)any related proceedings under this Part of this Schedule.

(4)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—

(a)the person who applied for the order under sub-paragraph (2) agrees to its payment, or

(b)the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.

(5)For the purposes of sub-paragraph (4)—

(a)a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub-paragraph (2) had instead been a recovery order made under section 266 of that Act;

(b)an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations;

(c)if the person who applied for the order under sub-paragraph (2) was an authorised officer, that person may not agree to the payment of a sum unless the person is a senior officer or is authorised to do so by a senior officer.

(6)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).

(7)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.

(8)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.

(9)For the purposes of sub-paragraph (5)(c), a “senior officer” means—

(a)in relation to an application made by a constable or a counter-terrorism financial investigator, a senior police officer;

(b)in relation to an application made by an officer of Revenue and Customs, such an officer of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;

(c)in relation to an application made by an immigration officer, such an officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer.

(10)In sub-paragraph (9), a “senior police officer” means a police officer of at least the rank of superintendent.

Associated and joint propertyE+W+S+N.I.

10H(1)Paragraphs 10I and 10J apply if—E+W+S+N.I.

(a)an application is made under paragraph 10G in respect of property detained under this Part of this Schedule,

(b)the court or sheriff is satisfied that the property is a listed asset,

(c)the court or sheriff is satisfied that all or part of the property is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property, and

(d)there exists property that is associated with the property in relation to which the court or sheriff is satisfied as mentioned in paragraph (c).

(2)Paragraphs 10I and 10J also apply in England and Wales and Northern Ireland if—

(a)an application is made under paragraph 10G in respect of property detained under this Part of this Schedule,

(b)the court is satisfied that the property is a listed asset,

(c)the court is satisfied that all or part of the property is property earmarked as terrorist property, and

(d)the property in relation to which the court or sheriff is satisfied as mentioned in paragraph (c) belongs to joint tenants and one of the tenants is an excepted joint owner.

(3)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—

(a)any interest in the forfeitable property;

(b)any other interest in the property in which the forfeitable property subsists;

(c)if the forfeitable property is a tenancy in common, the tenancy of the other tenant;

(d)if (in Scotland) the forfeitable property is owned in common, the interest of the other owner;

(e)if the forfeitable property is part of a larger property, but not a separate part, the remainder of that property.

References to property being associated with forfeitable property are to be read accordingly.

(4)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).

(5)For the purposes of this paragraph and paragraphs 10I and 10J—

(a)an excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him or her) be earmarked, and

(b)references to the excepted joint owner's share of property are to so much of the property as would have been his or hers if the joint tenancy had been severed.

Agreements about associated and joint propertyE+W+S+N.I.

10I(1)Where—E+W+S+N.I.

(a)this paragraph applies, and

(b)the person who applied for the order under paragraph 10G (on the one hand) and the person who holds the associated property or who is the excepted joint owner (on the other hand) agree,

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.

(2)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—

(a)in a case where this paragraph applies by virtue of paragraph 10H(1), the value of the forfeitable property;

(b)in a case where this paragraph applies by virtue of paragraph 10H(2), the value of the forfeitable property less the value of the excepted joint owner's share.

(3)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.

(4)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.

(5)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.

(6)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)the proceedings in which the order is made, or

(b)any related proceedings under this Part of this Schedule.

(7)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—

(a)the person who applied for the order under paragraph 10G agrees to its payment, or

(b)the court has assessed the amount allowed in respect of that item and the sum is paid in respect of the assessed amount.

(8)For the purposes of sub-paragraph (7)—

(a)a “relevant item of expenditure” is an item of expenditure to which regulations under section 286B of the Proceeds of Crime Act 2002 would apply if the order under sub-paragraph (1) had instead been a recovery order made under section 266 of that Act;

(b)an amount is “allowed” in respect of a relevant item of expenditure if it would have been allowed by those regulations.

(9)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.

(10)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.

(11)An amount received under an order under sub-paragraph (1) must be applied as follows—

(a)first, it must be applied in making any payment of legal expenses which, after giving effect to sub-paragraph (7), are payable under this sub-paragraph in pursuance of provision under sub-paragraph (6);

(b)second, it must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the forfeitable property and any associated property whilst detained under this Part of this Schedule;

(c)third, it must be paid—

(i)if the order was made by a magistrates' court, into the Consolidated Fund;

(ii)if the order was made by the sheriff, into the Scottish Consolidated Fund.

Associated and joint property: default of agreementE+W+S+N.I.

10J(1)Where this paragraph applies and there is no agreement under paragraph 10I, the magistrates' court or sheriff—E+W+S+N.I.

(a)must transfer the application made under paragraph 10G to the relevant court if satisfied that the value of the forfeitable property and any associated property is £10,000 or more;

(b)may transfer the application made under paragraph 10G to the relevant court if satisfied that the value of the forfeitable property and any associated property is less than £10,000.

(2)The “relevant court” is—

(a)the High Court, where the application under paragraph 10G was made to a magistrates' court;

(b)the Court of Session, where the application under paragraph 10G was made to the sheriff.

(3)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—

(a)the property is a listed asset, and

(b)what is to be forfeited is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property.

(4)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).

(5)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.

(6)The relevant court may, as well as making an order under sub-paragraph (3), make an order—

(a)providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or

(b)providing for the excepted joint owner's interest to be severed.

(7)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—

(a)providing for the forfeiture of the associated property or (as the case may be) for the excepted joint owner's interest to be extinguished, or

(b)providing for the excepted joint owner's interest to be severed.

(8)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.

(9)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.

(10)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—

(a)the rights of any person who holds the associated property or who is an excepted joint owner and the value to that person of that property or (as the case may) of that person's share (including any value that cannot be assessed in terms of money), and

(b)the interest of the person who applied for the order under paragraph 10G in realising the value of the forfeitable property.

(11)If the relevant court, the magistrates' court or the sheriff (as the case may be) is satisfied that—

(a)the person who holds the associated property or who is an excepted joint owner has suffered loss as a result of the seizure of the forfeitable property and any associated property under paragraph 10B and its subsequent detention, and

(b)the circumstances are exceptional,

an order under sub-paragraph (6) or (7) may require the payment of compensation to that person.

(12)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.

(13)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.

Paragraphs 10G to 10J: appealsE+W+S+N.I.

10K(1)Any party to proceedings for an order for the forfeiture of property under paragraph 10G may appeal against—E+W+S+N.I.

(a)the making of an order under paragraph 10G;

(b)the making of an order under paragraph 10J(7);

(c)a decision not to make an order under paragraph 10G unless the reason that no order was made is that an order was instead made under paragraph 10I;

(d)a decision not to make an order under paragraph 10J(7).

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).

(2)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.

(3)An appeal under this paragraph lies—

(a)in relation to England and Wales, to the Crown Court;

(b)in relation to Scotland, to the Sheriff Appeal Court;

(c)in relation to Northern Ireland, to a county court.

(4)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.

(5)Sub-paragraph (4) is subject to paragraph 10L.

(6)The court hearing the appeal may make any order it thinks appropriate.

(7)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.

Extended time for appealing in certain cases where deproscription order madeE+W+S+N.I.

10L(1)This paragraph applies where—E+W+S+N.I.

(a)a successful application for an order under paragraph 10G relies (wholly or partly) on the fact that an organisation is proscribed,

(b)an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,

(c)the property forfeited by the order under paragraph 10G was seized under this Part of this Schedule on or after the date of the refusal of that application,

(d)an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000,

(e)a deproscription order is made accordingly, and

(f)if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act.

(2)Where this paragraph applies, an appeal under paragraph 10K against the making of an order under paragraph 10G, and against the making (in addition) of any order under paragraph 10J(7), may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.

(3)In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.

Realisation of forfeited propertyE+W+S+N.I.

10M(1)If property is forfeited under paragraph 10G or 10J, an authorised officer must realise the property or make arrangements for its realisation.E+W+S+N.I.

(2)But the property is not to be realised—

(a)before the end of the period within which an appeal may be made (whether under paragraph 10K or otherwise), or

(b)if an appeal is made within that period, before the appeal is determined or otherwise disposed of.

(3)The realisation of property under sub-paragraph (1) must be carried out, so far as practicable, in the manner best calculated to maximise the amount obtained for the property.

Proceeds of realisationE+W+S+N.I.

10N(1)The proceeds of property realised under paragraph 10M must be applied as follows—E+W+S+N.I.

(a)first, they must be applied in making any payment required to be made by virtue of paragraph 10J(9);

(b)second, they must be applied in making any payment of legal expenses which, after giving effect to paragraph 10G(4) (including as applied by paragraph 10J(5)), are payable under this sub-paragraph in pursuance of provision under paragraph 10G(3) or, as the case may be, 10J(4);

(c)third, they must be applied in payment or reimbursement of any reasonable costs incurred in storing or insuring the property whilst detained under this Part of this Schedule and in realising the property;

(d)fourth, they must be paid—

(i)if the property was forfeited by a magistrates' court or the High Court, into the Consolidated Fund;

(ii)if the property was forfeited by the sheriff or the Court of Session, into the Scottish Consolidated Fund.

(2)If what is realised under paragraph 10M represents part only of an item of property seized under paragraph 10B and detained under this Part of this Schedule, the reference in sub-paragraph (1)(c) to costs incurred in storing or insuring the property is to be read as a reference to costs incurred in storing or insuring the whole of the item of property.

VictimsE+W+S+N.I.

10O(1)A person who claims that any property detained under this Part of this Schedule, or any part of it, belongs to him or her may apply for the property or part to be released.E+W+S+N.I.

(2)An application under sub-paragraph (1) is to be made—

(a)in England and Wales or Northern Ireland, to a magistrates' court;

(b)in Scotland, to the sheriff.

(3)The application may be made in the course of proceedings under paragraph 10D or 10G or at any other time.

(4)The court or sheriff may order the property to which the application relates to be released to the applicant if it appears to the court or sheriff that—

(a)the applicant was deprived of the property to which the application relates, or of property which it represents, by criminal conduct,

(b)the property the applicant was deprived of was not, immediately before the applicant was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property, and

(c)the property belongs to the applicant.

(5)If sub-paragraph (6) applies, the court or sheriff may order the property to which the application relates to be released to the applicant or to the person from whom it was seized.

(6)This sub-paragraph applies where—

(a)the applicant is not the person from whom the property to which the application relates was seized,

(b)it appears to the court or sheriff that the property belongs to the applicant,

(c)the court or sheriff is satisfied that the release condition is met in relation to the property, and

(d)no objection to the making of an order under sub-paragraph (5) has been made by the person from whom the property was seized.

(7)The release condition is met—

(a)in relation to property detained under paragraph 10C or 10D, if the conditions in paragraph 10C or (as the case may be) 10D for the detention of the property are no longer met, and

(b)in relation to property detained under paragraph 10G, if the court or sheriff decides not to make an order under that paragraph in relation to the property.

CompensationE+W+S+N.I.

10P(1)If no order under paragraph 10G, 10I or 10J is made in respect of any property detained under this Part of this Schedule, the person to whom the property belongs or from whom it was seized may make an application for compensation.E+W+S+N.I.

(2)An application under sub-paragraph (1) is to be made—

(a)in England and Wales or Northern Ireland, to a magistrates' court;

(b)in Scotland, to the sheriff.

(3)If the court or sheriff is satisfied that the applicant has suffered loss as a result of the detention of the property and that the circumstances are exceptional, the court or sheriff may order compensation to be paid to the applicant.

(4)The amount of compensation to be paid is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances.

(5)If the property was seized by an officer of Revenue and Customs, the compensation is to be paid by the Commissioners for Her Majesty's Revenue and Customs.

(6)If the property was seized by a constable, the compensation is to be paid as follows—

(a)in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;

(b)in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority;

(c)in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(7)If the property was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—

(a)in the case of a counter-terrorism financial investigator who was—

(i)a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii)a member of staff of the City of London police force,

it is to be paid out of the police fund from which the expenses of the police force are met;

(b)in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(8)If the property was seized by an immigration officer, the compensation is to be paid by the Secretary of State.

(9)If an order under paragraph 10G, 10I or 10J is made in respect only of a part of any property detained under this Part, this paragraph has effect in relation to the other part.

(10)This paragraph does not apply if the court or sheriff makes an order under paragraph 10O.]

[F102PART 4BE+W+S+N.I.Forfeiture of terrorist money held in bank and building society accounts

Annotations:

Amendments (Textual)

F102Sch. 1 Pt. 4B inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(1)(6), Sch. 4 para. 2

Application for account freezing orderE+W+S+N.I.

10Q(1)This paragraph applies if an enforcement officer has reasonable grounds for suspecting that money held in an account maintained with a bank or building society—E+W+S+N.I.

(a)is within subsection (1)(a) or (b) of section 1, or

(b)is property earmarked as terrorist property.

(2)Where this paragraph applies the enforcement officer may apply to the relevant court for an account freezing order in relation to the account in which the money is held.

(3)But—

(a)an enforcement officer may not apply for an account freezing order unless the officer is a senior officer or is authorised to do so by a senior officer, and

(b)the senior officer must consult the Treasury before making the application for the order or (as the case may be) authorising the application to be made, unless in the circumstances it is not reasonably practicable to do so.

(4)For the purposes of this Part of this Schedule—

(a)an account freezing order is an order that, subject to any exclusions (see paragraph 10U), prohibits each person by or for whom the account to which the order applies is operated from making withdrawals or payments from the account;

(b)an account is operated by or for a person if the person is an account holder or a signatory or identified as a beneficiary in relation to the account.

(5)An application for an account freezing order may be made without notice if the circumstances of the case are such that notice of the application would prejudice the taking of any steps under this Part of this Schedule to forfeit money that is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property.

(6)The money referred to in sub-paragraph (1) may be all or part of the credit balance of the account.

(7)In this Part of this Schedule—

Meaning of “bank”E+W+S+N.I.

10R(1)Bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom.E+W+S+N.I.

(2)In sub-paragraph (1), “authorised deposit-taker” means—

(a)a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits;

(b)a person who—

(i)is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and

(ii)accepts deposits;

(c)an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act that has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

(3)A reference in sub-paragraph (2) to a person or firm with permission to accept deposits does not include a person or firm with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.

Making of account freezing orderE+W+S+N.I.

10S(1)This paragraph applies where an application for an account freezing order is made under paragraph 10Q in relation to an account.E+W+S+N.I.

(2)The relevant court may make the order if satisfied that there are reasonable grounds for suspecting that money held in the account (whether all or part of the credit balance of the account)—

(a)is within subsection (1)(a) or (b) of section 1, or

(b)is property earmarked as terrorist property.

(3)An account freezing order ceases to have effect at the end of the period specified in the order (which may be varied under paragraph 10T) unless it ceases to have effect at an earlier or later time in accordance with the provision made by paragraphs 10W(6)(c), 10Y(2) to (7), 10Z2(6) to (8) and 10Z3.

(4)The period specified by the relevant court for the purposes of sub-paragraph (3) (whether when the order is first made or on a variation under paragraph 10T) may not exceed the period of 2 years, starting with the day on which the account freezing order is (or was) made.

(5)An account freezing order must provide for notice to be given to persons affected by the order.

Variation and setting aside of account freezing orderE+W+S+N.I.

10T(1)The relevant court may at any time vary or set aside an account freezing order on an application made by—E+W+S+N.I.

(a)an enforcement officer, or

(b)any person affected by the order.

(2)But an enforcement officer may not make an application under sub-paragraph (1) unless the officer is a senior officer or is authorised to do so by a senior officer.

(3)Before varying or setting aside an account freezing order the court must (as well as giving the parties to the proceedings an opportunity to be heard) give such an opportunity to any person who may be affected by its decision.

(4)In relation to Scotland, the references in this paragraph to setting aside an order are to be read as references to recalling it.

ExclusionsE+W+S+N.I.

10U(1)The power to vary an account freezing order includes (amongst other things) power to make exclusions from the prohibition on making withdrawals or payments from the account to which the order applies.E+W+S+N.I.

(2)Exclusions from the prohibition may also be made when the order is made.

(3)An exclusion may (amongst other things) make provision for the purpose of enabling a person by or for whom the account is operated—

(a)to meet the person's reasonable living expenses, or

(b)to carry on any trade, business, profession or occupation.

(4)An exclusion may be made subject to conditions.

(5)Where a magistrates' court exercises the power to make an exclusion for the purpose of enabling a person to meet legal expenses that the person has incurred, or may incur, in respect of proceedings under this Schedule, it must ensure that the exclusion—

(a)is limited to reasonable legal expenses that the person has reasonably incurred or that the person reasonably incurs,

(b)specifies the total amount that may be released for legal expenses in pursuance of the exclusion, and

(c)is made subject to the same conditions as would be the required conditions (see section 286A of the Proceeds of Crime Act 2002) if the order had been made under section 245A of that Act (in addition to any conditions imposed under sub-paragraph (4)).

(6)A magistrates' court, in deciding whether to make an exclusion for the purpose of enabling a person to meet legal expenses in respect of proceedings under this Schedule—

(a)must have regard to the desirability of the person being represented in any proceedings under this Schedule in which the person is a participant, and

(b)must disregard the possibility that legal representation of the person in any such proceedings might, were an exclusion not made—

(i)be made available under arrangements made for the purposes of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, or

(ii)be funded by the Northern Ireland Legal Services Commission.

(7)The sheriff's power to make exclusions may not be exercised for the purpose of enabling any person to meet any legal expenses in respect of proceedings under this Schedule.

(8)The power to make exclusions must, subject to sub-paragraph (6), be exercised with a view to ensuring, so far as practicable, that there is not undue prejudice to the taking of any steps under this Part of this Schedule to forfeit money that is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property.

Restriction on proceedings and remediesE+W+S+N.I.

10V(1)If a court in which proceedings are pending in respect of an account maintained with a bank or building society is satisfied that an account freezing order has been applied for or made in respect of the account, it may either stay the proceedings or allow them to continue on any terms it thinks fit.E+W+S+N.I.

(2)Before exercising the power conferred by sub-paragraph (1), the court must (as well as giving the parties to any of the proceedings concerned an opportunity to be heard) give such an opportunity to any person who may be affected by the court's decision.

(3)In relation to Scotland, the reference in sub-paragraph (1) to staying the proceedings is to be read as a reference to sisting the proceedings.

Account forfeiture noticeE+W+S+N.I.

10W(1)This paragraph applies while an account freezing order has effect.E+W+S+N.I.

(2)A senior officer may give a notice for the purpose of forfeiting money held in the frozen account (whether all or part of the credit balance of the account) if satisfied that the money—

(a)is within subsection (1)(a) or (b) of section 1, or

(b)is property earmarked as terrorist property.

(3)A notice given under sub-paragraph (2) is referred to in this Part of this Schedule as an account forfeiture notice.

(4)An account forfeiture notice must—

(a)state the amount of money held in the frozen account which it is proposed be forfeited,

(b)confirm that the senior officer is satisfied as mentioned in sub-paragraph (2),

(c)specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and

(d)explain that the money will be forfeited unless an objection is received at that address within the period for objecting.

(5)The period for objecting must be at least 30 days starting with the day after the notice is given.

(6)If no objection is made within the period for objecting, and the notice has not lapsed under paragraph 10Y—

(a)the amount of money stated in the notice is forfeited (subject to paragraph 10Z),

(b)the bank or building society with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and

(c)immediately after the transfer has been made, the account freezing order made in relation to the frozen account ceases to have effect.

(7)An objection may be made by anyone (whether a recipient of the notice or not).

(8)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.

(9)An objection does not prevent forfeiture of the money held in the frozen account under paragraph 10Z2.

Giving of account forfeiture noticeE+W+S+N.I.

10X(1)The Secretary of State must by regulations made by statutory instrument make provision about how an account forfeiture notice is to be given.E+W+S+N.I.

(2)The regulations may (amongst other things) provide—

(a)for an account forfeiture notice to be given to such person or persons, and in such manner, as may be prescribed;

(b)for circumstances in which, and the time at which, an account forfeiture notice is to be treated as having been given.

(3)The regulations must ensure that where an account forfeiture notice is given it is, if possible, given to every person to whom notice of the account freezing order was given.

(4)A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Lapse of account forfeiture noticeE+W+S+N.I.

10Y(1)An account forfeiture notice lapses if—E+W+S+N.I.

(a)an objection is made within the period for objecting specified in the notice under paragraph 10W(4)(c),

(b)an application is made under paragraph 10Z2 for the forfeiture of money held in the frozen account, or

(c)an order is made under paragraph 10T setting aside (or recalling) the relevant account freezing order.

(2)If an account forfeiture notice lapses under sub-paragraph (1)(a), the relevant account freezing order ceases to have effect at the end of the period of 48 hours starting with the making of the objection (“the 48-hour period”).

(3)If within the 48-hour period an application is made—

(a)for a variation of the relevant account freezing order under paragraph 10T so as to extend the period specified in the order, or

(b)for forfeiture of money held in the frozen account under paragraph 10Z2,

the order continues to have effect until the relevant time (and then ceases to have effect).

(4)In the case of an application of the kind mentioned in sub-paragraph (3)(a), the relevant time means—

(a)if an extension is granted, the time determined in accordance with paragraph 10S(3), or

(b)if an extension is not granted, the time when the application is determined or otherwise disposed of.

(5)In the case of an application of the kind mentioned in sub-paragraph (3)(b), the relevant time is the time determined in accordance with paragraph 10Z2(6).

(6)If within the 48-hour period it is decided that no application of the kind mentioned in sub-paragraph (3)(a) or (b) is to be made, an enforcement officer must, as soon as possible, notify the bank or building society with which the frozen account is maintained of that decision.

(7)If the bank or building society is notified in accordance with sub-paragraph (6) before the expiry of the 48-hour period, the relevant account freezing order ceases to have effect on the bank or building society being so notified.

(8)In relation to an account forfeiture notice—

(a)“the frozen account” is the account in which the money to which the account forfeiture notice relates is held;

(b)“the relevant account freezing order” is the account freezing order made in relation to the frozen account.

(9)In calculating a period of 48 hours for the purposes of this paragraph no account is to be taken of—

(a)any Saturday or Sunday,

(b)Christmas Day,

(c)Good Friday, or

(d)any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the account freezing order was made.

Application to set aside forfeitureE+W+S+N.I.

10Z(1)A person aggrieved by the forfeiture of money in pursuance of paragraph 10W(6)(a) may apply to the relevant court for an order setting aside the forfeiture of the money or any part of it.E+W+S+N.I.

(2)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”).

(3)But the relevant court may give permission for an application to be made after the 30-day period has ended if it thinks that there are exceptional circumstances to explain why the applicant—

(a)failed to object to the forfeiture within the period for objecting, and

(b)failed to make an application within the 30-day period.

(4)On an application under this paragraph the relevant court must consider whether the money to which the application relates could be forfeited under paragraph 10Z2 (ignoring the forfeiture mentioned in sub-paragraph (1)).

(5)If the relevant court is satisfied that the money to which the application relates or any part of it could not be forfeited under that paragraph it must set aside the forfeiture of that money or part.

(6)Where the relevant court sets aside the forfeiture of any money—

(a)it must order the release of that money, and

(b)the money is to be treated as never having been forfeited.

(7)Where money is released by virtue of sub-paragraph (6)(a), there must be added to the money on its release any interest accrued on it whilst in the account referred to in paragraph 10W(6)(b).

Application of money forfeited under account forfeiture noticeE+W+S+N.I.

10Z1(1)Money forfeited in pursuance of paragraph 10W(6)(a), and any interest accrued on it whilst in the account referred to in paragraph 10W(6)(b)—E+W+S+N.I.

(a)if, before being forfeited, the money was held in an account in relation to which an account freezing order made by a magistrates' court had effect, is to be paid into the Consolidated Fund;

(b)if, before being forfeited, the money was held in an account in relation to which an account freezing order made by the sheriff had effect, is to be paid into the Scottish Consolidated Fund.

(2)But it is not to be paid in—

(a)before the end of the period within which an application under paragraph 10Z may be made (ignoring the possibility of an application by virtue of paragraph 10Z(3)), or

(b)if an application is made within that period, before the application is determined or otherwise disposed of.

Forfeiture orderE+W+S+N.I.

10Z2(1)This paragraph applies while an account freezing order has effect.E+W+S+N.I.

(2)An application for the forfeiture of money held in the frozen account (whether all or part of the credit balance of the account) may be made—

(a)to a magistrates' court, by an enforcement officer, or

(b)to the sheriff, by the Scottish Ministers.

(3)The court or sheriff may order the forfeiture of the money or any part of it if satisfied that the money or part—

(a)is within subsection (1)(a) or (b) of section 1, or

(b)is property earmarked as terrorist property.

(4)But in the case of property earmarked as terrorist property which belongs to joint tenants, one of whom is an excepted joint owner, an order by a magistrates' court may not apply to so much of it as the court thinks is attributable to the excepted joint owner's share.

(5)For the purposes of sub-paragraph (4)—

(a)an excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him or her) be earmarked, and

(b)references to the excepted joint owner's share of property are to so much of the property as would have been his or hers if the joint tenancy had been severed.

(6)Where an application is made under sub-paragraph (2), the account freezing order is to continue to have effect until the time referred to in sub-paragraph (7)(b) or (8).

(7)Where money held in a frozen account is ordered to be forfeited under sub-paragraph (3)—

(a)the bank or building society with which the frozen account is maintained must transfer that amount of money into an interest-bearing account nominated by an enforcement officer, and

(b)immediately after the transfer has been made the account freezing order made in relation to the frozen account ceases to have effect.

(8)Where, other than by the making of an order under sub-paragraph (3), an application under sub-paragraph (2) is determined or otherwise disposed of, the account freezing order ceases to have effect immediately after that determination or other disposal.

Continuation of account freezing order pending appealE+W+S+N.I.

10Z3(1)This paragraph applies where, on an application under sub-paragraph (2) of paragraph 10Z2 in relation to an account to which an account freezing order applies, the court or sheriff decides—E+W+S+N.I.

(a)to make an order under sub-paragraph (3) of that paragraph in relation to part only of the money to which the application related, or

(b)not to make an order under sub-paragraph (3) of that paragraph.

(2)The person who made the application under paragraph 10Z2(2) may apply without notice to the court or sheriff that made the decision referred to in sub-paragraph (1)(a) or (b) for an order that the account freezing order is to continue to have effect.

(3)Where the court or sheriff makes an order under sub-paragraph (2) the account freezing order is to continue to have effect until—

(a)the end of the period of 48 hours starting with the making of the order under sub-paragraph (2), or

(b)if within that period of 48 hours an appeal is brought under paragraph 10Z4 against the decision referred to in sub-paragraph (1)(a) or (b), the time when the appeal is determined or otherwise disposed of.

(4)Sub-paragraph (9) of paragraph 10Y applies for the purposes of sub-paragraph (3) as it applies for the purposes of that paragraph.

Appeal against decision under paragraph 10Z2E+W+S+N.I.

10Z4(1)Any party to proceedings for an order for the forfeiture of money under paragraph 10Z2 who is aggrieved by an order under that paragraph or by the decision of the court not to make such an order may appeal—E+W+S+N.I.

(a)from an order or decision of a magistrates' court in England and Wales, to the Crown Court;

(b)from an order or decision of the sheriff, to the Sheriff Appeal Court;

(c)from an order or decision of a magistrates' court in Northern Ireland, to a county court.

(2)An appeal under sub-paragraph (1) 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.

(3)Sub-paragraph (2) is subject to paragraph 10Z5.

(4)The court hearing the appeal may make any order it thinks appropriate.

(5)If the court upholds an appeal against an order forfeiting the money, it may order the release of the whole or any part of the money.

(6)Where money is released by virtue of sub-paragraph (5), there must be added to the money on its release any interest accrued on it whilst in the account referred to in paragraph 10Z2(7)(a).

Extended time for appealing in certain cases where deproscription order madeE+W+S+N.I.

10Z5(1)This paragraph applies where—E+W+S+N.I.

(a)a successful application for an order under paragraph 10Z2 relies (wholly or partly) on the fact that an organisation is proscribed,

(b)an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,

(c)the money forfeited by the order under paragraph 10Z2 was made subject to an account freezing order on or after the date of the refusal of that application,

(d)an appeal against that refusal is allowed under section 5 of the Terrorism Act 2000,

(e)a deproscription order is made accordingly, and

(f)if the order is made in reliance on section 123(5) of the Terrorism Act 2000, a resolution is passed by each House of Parliament under section 123(5)(b) of that Act.

(2)Where this paragraph applies, an appeal under paragraph 10Z4 against the making of an order under paragraph 10Z2 may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.

(3)In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.

Application of money forfeited under account forfeiture orderE+W+S+N.I.

10Z6(1)Money forfeited by an order under paragraph 10Z2, and any interest accrued on it whilst in the account referred to in sub-paragraph (7)(a) of that paragraph—E+W+S+N.I.

(a)if forfeited by a magistrates' court, is to be paid into the Consolidated Fund, and

(b)if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund.

(2)But it is not to be paid in—

(a)before the end of the period within which an appeal under paragraph 10Z4 may be made, or

(b)if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.

CompensationE+W+S+N.I.

10Z7(1)This paragraph applies if—E+W+S+N.I.

(a)an account freezing order is made, and

(b)none of the money held in the account to which the order applies is forfeited in pursuance of an account forfeiture notice or by an order under paragraph 10Z2.

(2)Where this paragraph applies a person by or for whom the account to which the account freezing order applies is operated may make an application to the relevant court for compensation.

(3)If the relevant court is satisfied that the applicant has suffered loss as a result of the making of the account freezing order and that the circumstances are exceptional, the relevant court may order compensation to be paid to the applicant.

(4)The amount of compensation to be paid is the amount the relevant court thinks reasonable, having regard to the loss suffered and any other relevant circumstances.

(5)If the account freezing order was applied for by a constable, the compensation is to be paid as follows—

(a)in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met;

(b)in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority;

(c)in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(6)If the account freezing order was applied for by a counter-terrorism financial investigator, the compensation is to be paid as follows—

(a)in the case of an investigator who was—

(i)a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii)a member of staff of the City of London police force,

it is to be paid out of the police fund from which the expenses of the police force are met;

(b)in the case of an investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.]

[F103PART 4CE+W+N.I.OFFENCES

Annotations:

Amendments (Textual)

F103Sch. 1 Pt. 4C inserted (E.W.N.I.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 42(2), 58(4)(6)

Offences in relation to counter-terrorism financial investigatorsE+W+N.I.

10Z8(1)A person commits an offence if the person assaults a counter-terrorism financial investigator who is acting in the exercise of a power under this Schedule.

(2)A person commits an offence if the person resists or wilfully obstructs a counter-terrorism financial investigator who is acting in the exercise of a power under this Schedule.

(3)A person guilty of an offence under sub-paragraph (1) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4)A person guilty of an offence under sub-paragraph (2) is liable—

(a)on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5)In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a)the reference to 51 weeks in sub-paragraph (3)(a) is to be read as a reference to 6 months;

(b)the reference to 51 weeks in sub-paragraph (4)(a) is to be read as a reference to 1 month.]

[F104PART 4DE+W+S+N.I.Proceedings under this Schedule

Annotations:

Amendments (Textual)

F104Sch. 1 Pt. 4D inserted (27.4.2017 for specified purposes) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 16(15)

Powers for prosecutors to appear in proceedingsE+W+S+N.I.

10Z9(1)The Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland may appear for a person mentioned in sub-paragraph (2) in proceedings under this Schedule if the Director—E+W+S+N.I.

(a)is asked by, or on behalf of, the person to do so, and

(b)considers it appropriate to do so.

(2)The persons referred to in sub-paragraph (1) are—

(a)a constable;

(b)a counter-terrorism financial investigator;

(c)the Commissioners for Her Majesty's Revenue and Customs;

(d)an officer of Revenue and Customs;

(e)an immigration officer.

(3)The Director of Public Prosecutions may authorise a person (generally or specifically) to carry out the functions of the Director under sub-paragraph (1) if the person is—

(a)a member of the Director's staff;

(b)a person providing services under arrangements made by the Director.

(4)The Director of Public Prosecutions and the Director of Public Prosecutions for Northern Ireland may charge fees for the provision of services under this paragraph.]

PART 5E+W+S+N.I.Property earmarked as terrorist property

Property obtained through terrorismE+W+S+N.I.

11(1)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.E+W+S+N.I.

(2)In deciding whether any property was obtained through terrorism—

(a)it is immaterial whether or not any money, goods or services were provided in order to put the person in question in a position to carry out the acts,

(b)it is not necessary to show that the act was of a particular kind if it is shown that the property was obtained through acts of one of a number of kinds, each of which would have been an act of terrorism, or an act carried out for the purposes of terrorism.

Property earmarked as terrorist propertyE+W+S+N.I.

12(1)Property obtained through terrorism is earmarked as terrorist property.E+W+S+N.I.

(2)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.

(3)Earmarked property obtained through terrorism may be followed into the hands of a person obtaining it on a disposal by—

(a)the person who obtained the property through terrorism, or

(b)a person into whose hands it may (by virtue of this sub-paragraph) be followed.

Tracing propertyE+W+S+N.I.