Counter-Terrorism and Security Act 2015

Supplementary

13 Regulations: giving of notices, legislation relating to passports

(1) The Secretary of State may by regulations make provision about the giving of—

(a) notice under section 4, and

(b) notice under section 9.

(2) The regulations may, in particular, make provision about cases in which notice is to be deemed to have been given.

(3) The Secretary of State may make regulations providing for legislation relating to passports or other identity documents (whenever passed or made) to apply (with or without modifications) to permits to return.

(4) The power to make regulations under this section—

(a) is exercisable by statutory instrument;

(b) includes power to make transitional, transitory or saving provision.

(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

14 Chapter 2: interpretation

(1) This section applies for the purposes of this Chapter.

(2) These expressions have the meanings given—

• “act” and “conduct” include omissions and statements;

• “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);

• “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 2;

• “court” means—

  (a)

  in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;

  (b)

  in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland;

  (c)

  in any other case, the High Court in England and Wales;

• “permit to return” has the meaning given in section 5;

• “temporary exclusion order” has the meaning given in section 2;

• “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act).

(3) An individual is—

(a) subject to a temporary exclusion order if a temporary exclusion order is in force in relation to the individual; and

(b) subject to an obligation imposed under section 9 if an obligation is imposed on the individual by a notice in force under that section.

(4) Involvement in terrorism-related activity is any one or more of the following—

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct that facilitates the commission, preparation or instigation of such acts, or is intended to do so;

(c) conduct that gives encouragement to the commission, preparation or instigation of such acts, or is intended to do so;

(d) conduct that gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a).

It is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general.

(5) It is immaterial whether an individual’s involvement in terrorism-related activity occurs before or after the coming into force of section 2.

(6) References to an individual’s return to the United Kingdom include, in the case of an individual who has never been in the United Kingdom, a reference to the individual’s coming to the United Kingdom for the first time.

(7) References to deportation include references to any other kind of expulsion.

15 Chapter 2: consequential amendments

(1) In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen’s Bench Division), after paragraph (bd) insert—

“(be) all TEO proceedings (within the meaning given by paragraph 1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (proceedings relating to temporary exclusion orders));”.

(2) In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriages of justice)—

(a) omit “or” at the end of paragraph (e);

(b) after paragraph (f) insert “or

(g) on an appeal under Schedule 4 to the Counter-Terrorism and Security Act 2015.”

(3) In section 18 of the Regulation of Investigatory Powers Act 2000 (exclusion of matter from legal proceedings: exceptions)—

(a) in subsection (1), after paragraph (dd) insert—

“(de) any TEO proceedings (within the meaning given by paragraph 1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (temporary exclusion orders: proceedings)) or any proceedings arising out of such proceedings;”;

(b) in subsection (2), after paragraph (zc) insert—

“(zd) in the case of proceedings falling within paragraph (de), to—

(i) a person, other than the Secretary of State, who is or was a party to the proceedings, or

(ii) any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate under Schedule 3 to the Counter-Terrorism and Security Act 2015) represents a person falling within sub-paragraph (i);”.