Definitions
Section 20 – Interpretation of Part 1
91.Section 20 provides interpretation provisions and other definitions for Part 1 of the Act.
Subsection (1)
92.Subsection (1)provides that definitions used in the TACT also apply to Part 1 of this Act. Such definitions that are generally relevant to the Act are discussed at paragraphs 16-19.
Subsection (2)
93.Subsection (2) contains a number of definitions including the definition of Convention offence as set out in Schedule 1 to the Act.
Subsection (3)
94.Subsection (3)clarifies references to the public. In particular it makes it clear that public can mean the public of a country other than the UK. It also makes it clear that, other than in section 9(4) (definition of radioactive material), it includes a meeting or other group of persons that the public can attend. A meeting or group will be included in the definition even if payment must be made or other conditions must be satisfied before a person will be admitted.
Subsections (4) and (6)
95.Subsection (4)defines the term “publishing a statement”, for the purposes of Part 1 of the Act. This definition covers references to publication in the offence of encouragement of terrorism in section 1. The definition does not include references to publication in section 2, due to the fact that publication for the purposes of section 2 is already defined in section 2(13). The definition in subsection (4) includes publishing a statement in any manner to the public, providing an electronic service by which means the public have access to the statement, or using an electronic service provided by another in relation to the material supplied by him so as to enable the public to have access to the statement. The second limb of the definition will include internet service providers. The third limb of the definition will include those who run websites that contain message boards and those that post messages on such message boards. Subsection (6)clarifies references to a statement, detailing that these are references to a communication of any description and are not limited to words. This means that images such as videos will be covered.
Subsections (9) to (11)
96.Subsection (9)enables the Secretary of State to modify Schedule 1 (Convention offences) to add or remove offences, and make such supplemental, incidental, consequential and transitional provisions as are needed as a consequence of amendments to the list. Subsection (10)sets out that any such order may only add an offence in or as regards Scotland if the provision creating the offence would be outside the legislative competence of the Scottish Parliament. Subsection (11)sets out that such an order is subject to the affirmative resolution procedure.
