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The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
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(1)Expressions used in this Part and in the Terrorism Act 2000 (c. 11) have the same meanings in this Part as in that Act.
(2)In this Part—
“act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);
“article” includes anything for storing data;
“Convention offence” means an offence listed in Schedule 1 or an equivalent offence under the law of a country or territory outside the United Kingdom;
“glorification” includes any form of praise or celebration, and cognate expressions are to be construed accordingly;
“public” is to be construed in accordance with subsection (3);
“publish” and cognate expressions are to be construed in accordance with subsection (4);
“record” means a record so far as not comprised in an article, including a temporary record created electronically and existing solely in the course of, and for the purposes of, the transmission of the whole or a part of its contents;
“statement” is to be construed in accordance with subsection (6).
(3)In this Part references to the public—
(a)are references to the public of any part of the United Kingdom or of a country or territory outside the United Kingdom, or any section of the public; and
(b)except in section 9(4), also include references to a meeting or other group of persons which is open to the public (whether unconditionally or on the making of a payment or the satisfaction of other conditions).
(4)In this Part references to a person's publishing a statement are references to—
(a)his publishing it in any manner to the public;
(b)his providing electronically any service by means of which the public have access to the statement; or
(c)his using a service provided to him electronically by another so as to enable or to facilitate access by the public to the statement;
but this subsection does not apply to the references to a publication in section 2.
(5)In this Part references to providing a service include references to making a facility available; and references to a service provided to a person are to be construed accordingly.
(6)In this Part references to a statement are references to a communication of any description, including a communication without words consisting of sounds or images or both.
(7)In this Part references to conduct that should be emulated in existing circumstances include references to conduct that is illustrative of a type of conduct that should be so emulated.
(8)In this Part references to what is contained in an article or record include references—
(a)to anything that is embodied or stored in or on it; and
(b)to anything that may be reproduced from it using apparatus designed or adapted for the purpose.
(9)The Secretary of State may by order made by statutory instrument—
(a)modify Schedule 1 so as to add an offence to the offences listed in that Schedule;
(b)modify that Schedule so as to remove an offence from the offences so listed;
(c)make supplemental, incidental, consequential or transitional provision in connection with the addition or removal of an offence.
(10)An order under subsection (9) may add an offence in or as regards Scotland to the offences listed in Schedule 1 to the extent only that a provision creating the offence would be outside the legislative competence of the Scottish Parliament.
(11)The Secretary of State must not make an order containing (with or without other provision) any provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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