Section 1: Continuance in force of Part 7 of the Terrorism Act 2000
17.The majority of the Part 7 provisions came into force on 19th February 2001. Section 112(1) provides for Part 7 to cease to have effect at the end of a period of one year from that date. However, section 112(2) enables the Secretary of State to provide by order that any Part 7 provision currently in force is to continue in force for a further twelve months. Such an order is subject to either the affirmative resolution procedure (section 123(4)(f)) or the urgency procedure (section 123(5)). Section 112(4) provides that Part 7 shall cease to have effect at the end of a five year period from the date on which it came into force (i.e. at the end of 18th February 2006).
18.The majority of the provisions in Part 7 have been continued in force by the following annual orders:
The Terrorism Act 2000 (Continuance of Part VII) Order 2002 (S.I.2002/365);
The Terrorism Act 2000 (Continuance of Part VII) Order 2003 (S.I.2003/427);
The Terrorism Act 2000 (Continuance of Part VII) Order 2004 (S.I. 2004/431); and
The Terrorism Act 2000 (Continuance of Part VII) Order 2005 (S.I.2005/350).
The Terrorism Act 2000 (Continuance of Part VII) Order 2005 provided for the majority of the Part 7 provisions, with the exception of those set out below, to remain in force up to and including 18th February 2006. The following provisions of Part 7 are not currently in force:
Section 67(3) and (4);
Sections 70 and 71;
Section 76;
Section 97;
Section 100, which has never been brought into force;
Paragraph 36 of Schedule 4; and
Paragraphs 19 to 21 of Schedule 5.
19.Subsections (1) and (2) of section 1 provide that those Part 7 provisions which are in force on 18th February 2006 (excluding section 78) (the “extended provisions”) will continue in force after that date but will cease to have effect at the end of 31st July 2007. The Secretary of State may, before 31st July 2007, continue to bring the extended provisions in and out of force by order under section 112(2).
20.Subsection (3) enables the Secretary of State to provide by order for any of the extended provisions to continue in force for a specified period ending before 1st August 2008. Such an order is subject to the affirmative resolution procedure (subsection (8)). Without further primary legislation the extended provisions cannot be continued in force past that date.
21.Section 112(2)(c) of the 2000 Act enables the Secretary of State to provide by order for any provision of Part 7 which is not in force to come into force and remain in force for a period not exceeding twelve months. Subsection (4) amends section 112(2)(c) of the 2000 Act so that the life of an extended provision cannot be continued beyond 1st August 2007. Subsection (6)(a) makes specific provision to enable an order under subsection (3) to amend this date to 1st August 2008.
22.Section 11 of, and Schedule 2 to, the 2004 Act deal with the enforcement of bail granted under section 67 of the 2000 Act. These provisions ensure that those granted bail under section 67 are, as regards enforcement, in the same or a similar position to those who are granted bail for non-scheduled offences. Section 11 creates a duty to surrender to custody for those granted bail in scheduled cases under section 67 of the 2000 Act. The duty is either a duty to surrender to the custody of a court, or to surrender to the custody of the governor of a prison (the latter duty is to cover those released on compassionate bail).
23.Section 11(4) of the 2004 Act provides that Section 11 and Schedule 2 will cease to have effect on the same day as Part 7 of the 2000 Act or such earlier date as the Secretary of State may by order appoint.
24.Subsection (5) amends Section 11(4)(a) so that section 11 and Schedule 2 will cease to have effect as from the end of 31st July 2007 or such earlier date as the Secretary of State may by order appoint. Subsection (6)(a) makes specific provision to enable an order under subsection (3) to amend the 2004 Act provision so that these 2004 Act provisions cease to have effect as from the end of 31st July 2008.
25.Paragraph 37 of Schedule 4 to the 2000 Act, which makes it an offence to contravene a restraint order, is treated as a Part 7 provision (section 112(5)(a)). Subsection (9) preserves this position with effect that, in common with the other extended provisions, if paragraph 37 continues in force it will cease to have effect on 31st July 2007 (subject to an order under subsection (3)).
