Counter-Terrorism and Border Security Act 2019

Notification requirements

12 Additional requirements

(1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 47 (information to be notified), in subsection (2)—

(a) after paragraph (d) insert—

“(da) all contact details on that date;”;

(b) after paragraph (f) insert—

“(fa) all contact details on the date on which notification is made;”;

(c) after paragraph (g) insert—

“(ga) identifying information of any motor vehicle of which the person is the registered keeper, or which the person has a right to use (whether routinely or on specific occasions or for specific purposes), on the date on which notification is made;

(gb) the financial information specified in paragraph 1 of Schedule 3A;

(gc) the information about identification documents specified in paragraph 2 of Schedule 3A;”.

(3) In section 48 (notification of changes)—

(a) in the heading, at the end insert “: general”;

(b) after subsection (4) insert—

“(4A) If there is a change in the contact details of a person to whom the notification requirements apply, the person must notify the police of the new contact details.

(4B) If a person to whom the notification requirements apply ceases to use contact details which the person has previously notified under this Part, the person must notify the police of that fact.

(4C) If a person to whom the notification requirements apply becomes the registered keeper of, or acquires a right to use, a motor vehicle the identifying information of which has not previously been notified to the police, the person must notify the police of the identifying information of that motor vehicle.

(4D) If there is a change in the identifying information of a motor vehicle previously notified under this Part, the person must notify the police—

(a) that there has been a change, and

(b) of the new identifying information of the motor vehicle.

(4E) If a person to whom the notification requirements apply ceases to be the registered keeper of a motor vehicle the identifying information of which the person has notified, or ceases to have the right to use such a motor vehicle, the person must notify the police that the person is no longer the registered keeper of the motor vehicle or no longer has the right to use it.”;

(c) for subsection (7) substitute—

“(7) Notification under this section must be made—

(a) in a case to which subsection (4C) applies, before the earlier of the following—

(i) the end of the period of three days beginning with the day on which the person becomes the registered keeper of the motor vehicle or acquires a right to use it, or

(ii) the first occasion on which the person uses the motor vehicle by virtue of being its registered keeper or having a right to use it,

(b) in a case to which subsection (4D) applies, before the earlier of the following—

(i) the end of the period of three days beginning with the day on which the identifying information changes, or

(ii) the first occasion on which the person uses the motor vehicle after the identifying information has changed,

(c) in any other case, before the end of the period of three days beginning with the day on which the event in question occurs (and, where subsection (3) applies, that is the day with which the period referred to in paragraph (a) or (b) (as the case may be) of subsection (3) ends).”

(4) After section 48 insert—

“48A Notification of changes: financial information and information about identification documents

(1) If there is a change in any of the financial information (see paragraph 1 of Schedule 3A), or information about identification documents (see paragraph 2 of that Schedule), in relation to a person to whom the notification requirements apply, the person must notify the police of the change.

(2) For the purposes of subsection (1) there is a change in the financial information if—

(a) an account previously notified in accordance with this Part is closed;

(b) a payment card previously notified in accordance with this Part is no longer held by the person notified as holding it;

(c) an account is opened, or a payment card is obtained, which would have been required to be notified in accordance with section 47(2)(gb) if the account or card had been held at the time when notification was made under section 47(1);

(d) any other financial information previously notified in accordance with this Part is altered or becomes inaccurate.

(3) For the purposes of subsection (1) there is a change in the information about identification documents if—

(a) the person ceases to hold a passport or other document previously notified in accordance with this Part;

(b) the person obtains a passport or other document which would have been required to be notified in accordance with section 47(2)(gc) if it had been held at the time when notification was made under section 47(1).

(4) Where a change required to be notified under subsection (1) relates to opening a new account or obtaining a new payment card as mentioned in subsection (2)(c), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 1(2) of Schedule 3A in respect of the new account or card.

(5) Where a change required to be notified under subsection (1) relates to the holding of a new passport or other document as mentioned in subsection (3)(b), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 2 of Schedule 3A in relation to the new passport or other document.

(6) Notification under this section must be made before the end of the period of three days beginning with the day on which the event in question occurs.

(7) In determining the period within which notification is to be made under this section, any time when the person is—

(a) remanded in or committed to custody by any order of a court,

(b) serving a sentence of imprisonment or detention,

(c) detained in a hospital, or

(d) detained under the Immigration Acts,

is to be ignored.

(8) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).”

(5) In section 49 (periodic re-notification)—

(a) in subsection (1), for “the period of one year” substitute “the applicable period”;

(b) after that subsection insert—

“(1A) In this section the “applicable period” means—

(a) in the case of a person who has no sole or main residence in the United Kingdom, the period of one week, and

(b) in any other case, the period of one year.””

(6) In section 60 (minor definitions), at the appropriate places insert the following definitions—

• ““contact details” means—

  (a)

  telephone numbers (if any), and

  (b)

  email addresses (if any);”;

• ““identifying information”, in relation to a motor vehicle, means—

  (a)

  the registration number of the vehicle,

  (b)

  the make, model and colour of the vehicle, and

  (c)

  the location where the vehicle is normally kept when not in use;”;

• ““motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;”;

• ““payment card” means a credit card, a charge card, a prepaid card or a debit card;”;

• ““registered keeper”, in relation to a motor vehicle, means the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994;”.

(7) After Schedule 3 insert, as Schedule 3A, the Schedule set out in Schedule 1 to this Act.

13 Power to enter and search home

In the Counter-Terrorism Act 2008, after section 56 insert—

“Entry and search of home address

56A Power to enter and search home address

(1) If on an application made by a senior police officer of the relevant force a justice is satisfied that the requirements in subsection (2) are met, the justice may issue a warrant authorising a constable of that force—

(a) to enter premises specified in the warrant for the purpose of assessing the risks posed by the person to whom the warrant relates; and

(b) to search the premises for that purpose.

(2) The requirements are—

(a) that the person to whom the warrant relates—

(i) is a person to whom the notification requirements apply, and

(ii) is not a person to whom subsection (3) applies,

(b) that the address of each set of premises specified in the application is an address falling within subsection (4),

(c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a), and

(d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to gain entry for that purpose.

(3) This subsection applies to a person who is—

(a) remanded in or committed to custody by order of a court,

(b) serving a sentence of imprisonment or a term of service detention,

(c) detained in a hospital, or

(d) outside the United Kingdom.

(4) An address falls within this subsection if—

(a) it is the address which was last notified in accordance with the notification requirements by the person to whom the warrant relates, or

(b) there are reasonable grounds to believe that the person to whom the warrant relates resides there or may regularly be found there.

(5) A warrant issued under this section must specify each set of premises to which it relates.

(6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

(7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

(8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

(9) In this section—

• “justice” means—

  (a)

  in the application of this section to England and Wales, a justice of the peace;

  (b)

  in the application of this section to Northern Ireland, a lay magistrate;

  (c)

  in the application of this section to Scotland, a sheriff or summary sheriff;

• “the relevant force” means—

  (a)

  in relation to premises in England or Wales, the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;

  (b)

  in relation to premises in Northern Ireland, the Police Service of Northern Ireland;

  (c)

  in relation to premises in Scotland, the Police Service of Scotland;

• “senior police officer” means a constable of the rank of superintendent or above;

• “sentence of imprisonment” includes any form of custodial sentence (apart from service detention);

• “service detention” has the meaning given by section 374 of the Armed Forces Act 2006.”