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Counter-Terrorism Act 2008

Commentary on Sections

Part 7 – Miscellaneous

Terrorist offences

Section 77 – Terrorist property: disclosure of information about possible offences

206.Subsection (2) of this section makes a clarifying amendment to section 19(1) of the 2000 Act. This makes it clear that the offence in section 19 of failing to disclose a belief or suspicion of an offence under sections 15 to 18 (a terrorist finance offence) applies to all persons in employment, whether or not they are employed in a trade, profession or business.

207.Subsection (3) inserts a new section 23C into the 2000 Act defining “employment” and a corresponding definition of “employer” for the purposes of Part 3 of that Act (terrorist property). The definition is wider than the usual definition of employment, including contractors, office-holders (such as trustees of a charity), individuals on a formal work experience programme or training (for example an intern in a bank) and volunteers.

208.Subsection (4) makes transitional provision to the effect that, where the wider definition of employment catches a person it did not previously catch, that person will have a duty to inform of a belief or suspicion that a terrorist offence has been committed if they continue to hold that belief or suspicion after commencement, even if the information on which it is based came to the person before commencement.

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