Part II Proscribed Organisations
Procedure
3 Proscription.
1
For the purposes of this Act an organisation is proscribed if—
a
it is listed in Schedule 2, or
b
it operates under the same name as an organisation listed in that Schedule.
2
Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule.
3
The Secretary of State may by order—
a
add an organisation to Schedule 2;
b
remove an organisation from that Schedule;
c
amend that Schedule in some other way.
4
The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism.
5
For the purposes of subsection (4) an organisation is concerned in terrorism if it—
a
commits or participates in acts of terrorism,
b
prepares for terrorism,
c
promotes or encourages terrorism, or
d
is otherwise concerned in terrorism.
F15A
The cases in which an organisation promotes or encourages terrorism for the purposes of subsection (5)(c) include any case in which activities of the organisation—
a
include the unlawful glorification of the commission or preparation (whether in the past, in the future or generally) of acts of terrorism; or
b
are carried out in a manner that ensures that the organisation is associated with statements containing any such glorification.
5B
The glorification of any conduct is unlawful for the purposes of subsection (5A) if there are persons who may become aware of it who could reasonably be expected to infer that what is being glorified, is being glorified as—
a
conduct that should be emulated in existing circumstances, or
b
conduct that is illustrative of a type of conduct that should be so emulated.
5C
In this section—
“ glorification ” includes any form of praise or celebration, and cognate expressions are to be construed accordingly;
“ statement ” includes a communication without words consisting of sounds or images or both.
F26
Where the Secretary of State believes—
a
that an organisation listed in Schedule 2 is operating wholly or partly under a name that is not specified in that Schedule (whether as well as or instead of under the specified name), or
b
that an organisation that is operating under a name that is not so specified is otherwise for all practical purposes the same as an organisation so listed,
he may, by order, provide that the name that is not specified in that Schedule is to be treated as another name for the listed organisation.
7
Where an order under subsection (6) provides for a name to be treated as another name for an organisation, this Act shall have effect in relation to acts occurring while—
a
the order is in force, and
b
the organisation continues to be listed in Schedule 2,
as if the organisation were listed in that Schedule under the other name, as well as under the name specified in the Schedule.
8
The Secretary of State may at any time by order revoke an order under subsection (6) or otherwise provide for a name specified in such an order to cease to be treated as a name for a particular organisation.
9
Nothing in subsections (6) to (8) prevents any liability from being established in any proceedings by proof that an organisation is the same as an organisation listed in Schedule 2, even though it is or was operating under a name specified neither in Schedule 2 nor in an order under subsection (6).