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Anti-terrorism, Crime and Security Act 2001

Type Public General Act

Publication 2001-12-14

Last updated 2024-01-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 10

Reform history JSON API

(20B) (1) An authorised person may give a detention direction in respect of an aircraft if he is of the opinion that— (a) a person has failed to comply or is likely to fail to comply with a requirement of a direction under section 12 or 14 of this Act in respect of the aircraft, (b) a person has failed to comply with a requirement of an enforcement notice in respect of the aircraft, (c) a threat has been made to commit an act of violence against the aircraft or against any person or property on board the aircraft, or (d) an act of violence is likely to be committed against the aircraft or against any person or property on board the aircraft. (2) A detention direction in respect of an aircraft— (a) shall be given in writing to the operator of the aircraft, and (b) shall require him to take steps to ensure that the aircraft does not fly while the direction is in force. (3) An authorised person who has given a detention direction in respect of an aircraft may do anything which he considers necessary or expedient for the purpose of ensuring that the aircraft does not fly while the direction is in force; in particular, the authorised person may— (a) enter the aircraft; (b) arrange for another person to enter the aircraft; (c) arrange for a person or thing to be removed from the aircraft; (d) use reasonable force; (e) authorise the use of reasonable force by another person. (4) The operator of an aircraft in respect of which a detention direction is given may object to the direction in writing to the Secretary of State. (5) On receipt of an objection to a detention direction under subsection (4) the Secretary of State shall— (a) consider the objection, (b) allow the person making the objection and the authorised person who gave the direction an opportunity to make written or oral representations to the Secretary of State or to a person appointed by him, (c) confirm, vary or cancel the direction, and (d) give notice of his decision in writing to the person who made the objection and to the authorised person who gave the direction. (6) A detention direction in respect of an aircraft shall continue in force until— (a) an authorised person cancels it by notice in writing to the operator of the aircraft, or (b) the Secretary of State cancels it under subsection (5)(c). (7) A person commits an offence if— (a) without reasonable excuse he fails to comply with a requirement of a detention direction, or (b) he intentionally obstructs a person acting in accordance with subsection (3). (8) A person who is guilty of an offence under subsection (7) shall be liable— (a) on summary conviction, to a fine not exceeding the statutory maximum, or (b) on conviction on indictment, to a fine, to imprisonment for a term not exceeding two years or to both. (9) A detention direction may be given in respect of— (a) any aircraft in the United Kingdom, and (b) any aircraft registered or operating in the United Kingdom. (10) A detention direction may be given in respect of a class of aircraft; and for that purpose— (a) a reference to “the aircraft” in subsection (1) shall be treated as a reference to all or any of the aircraft within the class, and (b) subsections (2) to (9) shall apply as if the direction were given in respect of each aircraft within the class.

(2) In section 23 of the Aviation Security Act 1982 (c. 36) (annual report)—

(a) in subsection (1) after “enforcement notices” insert “ and detention directions ”, and

(b) in subsection (2) for “and enforcement notices” substitute “ , enforcement notices and detention directions ”.

(3) At the end of section 24 of that Act add—

(9) Subsections (6) to (8) above shall apply to a detention direction as they apply to an enforcement notice.

Air cargo agent: documents

87

After section 21F of the Aviation Security Act 1982 (air cargo agents) insert—

(21F) (1) A person commits an offence if with intent to deceive he issues a document which purports to be issued by a person on a list of approved air cargo agents maintained under section 21F(2)(a) of this Act. (2) A person guilty of an offence under subsection (1) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.

Extent outside United Kingdom

88

(1) The powers in section 108(1) and (2) of the Civil Aviation Act 1982 (c. 16) (extension outside United Kingdom) apply to provisions of this Part which amend that Act.

(2) The powers in section 39(3) of the Aviation Security Act 1982 (extension outside United Kingdom) apply to provisions of this Part which amend that Act.

Part 10 — Police Powers

Identification

Fingerprinting of terrorist suspects

89

(1) Schedule 8 to the Terrorism Act 2000 (c. 11) (persons detained under terrorism provisions) is amended as follows.

(2) In paragraph 10, at the beginning of sub-paragraph (6) (grounds on which officer may authorise fingerprinting or taking of sample), insert “Subject to sub-paragraph (6A)”; and after that sub-paragraph insert—

(6A) An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if— (a) he is satisfied that the fingerprints of the detained person will facilitate the ascertainment of that person’s identity; and (b) that person has refused to identify himself or the officer has reasonable grounds for suspecting that that person is not who he claims to be. (6B) In this paragraph references to ascertaining a person’s identity include references to showing that he is not a particular person.

(3) In paragraph 20(2), for the subsection (2) substituted by way of modification of section 18 of the Criminal Procedure (Scotland) Act 1995 (c. 46) substitute—

(’) Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if— (a) in the case of a person detained under section 41 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement; or (b) in any case, he is satisfied that it is necessary to do so in order to assist in determining whether the person falls within section 40(1)(b). (2A) A constable may also take fingerprints from a detained person or require him to provide them if— (a) he is satisfied that the fingerprints of that person will facilitate the ascertainment of that person’s identity; and (b) that person has refused to identify himself or the constable has reasonable grounds for suspecting that that person is not who he claims to be. (2B) In this section references to ascertaining a person’s identity include references to showing that he is not a particular person.’

(4) For paragraph 20(3) substitute—

(3) Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution. (4) In this paragraph— (a) a reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

Searches, examinations and fingerprinting: England and Wales

90

(1) After section 54 of the Police and Criminal Evidence Act 1984 (c. 60) (searches of detained persons) insert—

(54A) (1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both— (a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or (b) for the purpose of facilitating the ascertainment of his identity. (2) An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if— (a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or (b) it is not practicable to obtain such consent. (3) An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if— (a) the person in question has refused to identify himself; or (b) the officer has reasonable grounds for suspecting that that person is not who he claims to be. (4) An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. (5) Any identifying mark found on a search or examination under this section may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (6) Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated; and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable. (7) A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex. (8) An intimate search may not be carried out under this section. (9) A photograph taken under this section— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (10) In subsection — (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (11) In this section— (a) references to ascertaining a person’s identity include references to showing that he is not a particular person; and (b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly. (12) In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

(2) In section 61(4) of that Act (grounds on which fingerprinting of person detained at a police station may be authorised)—

(a) in paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of section 54A), or both ”;

(b) after that paragraph insert—

but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.

Searches, examinations and fingerprinting: Northern Ireland

91

(1) After Article 55 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (searches of detained persons) insert—

(55A) (1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both— (a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or (b) for the purpose of facilitating the ascertainment of his identity. (2) An officer may only give an authorisation under paragraph (1) for the purpose mentioned in sub-paragraph (a) of that paragraph if— (a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or (b) it is not practicable to obtain such consent. (3) An officer may only give an authorisation under paragraph (1) in a case in which paragraph (2) does not apply if— (a) the person in question has refused to identify himself; or (b) the officer has reasonable grounds for suspecting that that person is not who he claims to be. (4) An officer may give an authorisation under paragraph (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. (5) Any identifying mark found on a search or examination under this Article may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (6) Where a search or examination may be carried out under this Article, or a photograph may be taken under this Article, the only persons entitled to carry out the search or examination, or to take the photograph, are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this Article by the Chief Constable; and Article 88 (use of force) applies to the exercise by a person falling within sub-paragraph (b) of the powers conferred by the preceding provisions of this Article as it applies to the exercise of those powers by a constable. (7) A person may not under this Article carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex. (8) An intimate search may not be carried out under this Article. (9) A photograph taken under this Article— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (10) In paragraph (9)— (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (11) In this Article— (a) references to ascertaining a person’s identity include references to showing that he is not a particular person; and (b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly. (12) In this Article “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this Article if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

(2) In Article 61(4) of that Order (grounds on which fingerprinting of person detained at a police station may be authorised)—

(a) in sub-paragraph (b), after “his involvement” insert “ or will facilitate the ascertainment of his identity (within the meaning of Article 55A), or both ”; and

(b) after that sub-paragraph insert—

but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.

Photographing of suspects etc.: England and Wales

92

After section 64 of the Police and Criminal Evidence Act 1984 (c. 60) insert—

(64A) (1) A person who is detained at a police station may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (2) A person proposing to take a photograph of any person under this section— (a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and (b) if the requirement is not complied with, may remove the item or substance himself. (3) Where a photograph may be taken under this section, the only persons entitled to take the photograph are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this section by the chief officer of police for the police area in which the police station in question is situated; and section 117 (use of force) applies to the exercise by a person falling within paragraph (b) of the powers conferred by the preceding provisions of this section as it applies to the exercise of those powers by a constable. (4) A photograph taken under this section— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (5) In subsection (4)— (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (6) References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

Photographing of suspects etc.: Northern Ireland

93

After Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) insert—

(64A) (1) A person who is detained at a police station may be photographed— (a) with the appropriate consent; or (b) if the appropriate consent is withheld or it is not practicable to obtain it, without it. (2) A person proposing to take a photograph of any person under this Article— (a) may, for the purpose of doing so, require the removal of any item or substance worn on or over the whole or any part of the head or face of the person to be photographed; and (b) if the requirement is not complied with, may remove the item or substance himself. (3) Where a photograph may be taken under this Article, the only persons entitled to take the photograph are— (a) constables; and (b) persons who (without being constables) are designated for the purposes of this Article by the Chief Constable; and Article 88 (use of force) applies to the exercise by a person falling within sub-paragraph (b) of the powers conferred by the preceding provisions of this Article as it applies to the exercise of those powers by a constable. (4) A photograph taken under this Article— (a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and (b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related. (5) In paragraph (4)— (a) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and (b) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom. (6) References in this Article to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

Powers to require removal of disguises: England and Wales

94

(1) After section 60 of the Criminal Justice and Public Order Act 1994 (c. 33) insert—

(60AA) (1) Where— (a) an authorisation under section 60 is for the time being in force in relation to any locality for any period, or (b) an authorisation under subsection (3) that the powers conferred by subsection (2) shall be exercisable at any place in a locality is in force for any period, those powers shall be exercisable at any place in that locality at any time in that period. (2) This subsection confers power on any constable in uniform— (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. (3) If a police officer of or above the rank of inspector reasonably believes— (a) that activities may take place in any locality in his police area that are likely (if they take place) to involve the commission of offences, and (b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this subsection, he may give an authorisation that the powers conferred by this section shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours. (4) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— (a) have been committed in connection with the activities in respect of which the authorisation was given, or (b) are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further twenty-four hours. (5) If an inspector gives an authorisation under subsection (3) , he must, as soon as it is practicable to do so, cause an officer of or above the rank of superintendent to be informed. (6) Any authorisation under this section— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this section are exercisable; (iii) the period during which those powers are exercisable; and a direction under subsection (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (7) A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this section shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if references to a locality or to a locality in his police area were references to any locality in or in the vicinity of any policed premises, or to the whole or any part of any such premises. (9) In this section “British Transport Police Force” and “policed premises” each has the same meaning as in section 60. (10) The powers conferred by this section are in addition to, and not in derogation of, any power otherwise conferred. (11) This section does not extend to Scotland.

(2) In section 60A(1) of that Act (retention of things seized under section 60), after “section 60” insert “ or 60AA ”.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers to require removal of disguises: Northern Ireland

95

(1) In Part 5 of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), before Article 24 insert—

(23A) (1) Where— (a) an authorisation under paragraph (3) that the powers conferred by paragraph (2) shall be exercisable at any place in a locality is in force for any period, or (b) an authorisation under Article 23B is for the time being in force in relation to any locality for any period, those powers shall be exercisable at any place in that locality at any time in that period. (2) This paragraph confers power on any constable in uniform— (a) to require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity; (b) to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose. (3) If a police officer of or above the rank of inspector reasonably believes— (a) that activities may take place in any locality that are likely (if they take place) to involve the commission of offences, and (b) that it is expedient, in order to prevent or control the activities, to give an authorisation under this paragraph, he may give an authorisation that the powers conferred by this Article shall be exercisable at any place within that locality for a specified period not exceeding twenty-four hours. (4) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— (a) have been committed in connection with the activities in respect of which the authorisation was given, or (b) are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further twenty-four hours. (5) If an officer below the rank of superintendent gives an authorisation under paragraph , he must, as soon as it is practicable to do so, cause an officer of or above that rank to be informed. (6) Any authorisation under this Article— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this Article are exercisable; (iii) the period during which those powers are exercisable; and a direction under paragraph (4) shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (7) A person who fails to remove an item worn by him when required to do so by a constable in the exercise of his power under this Article shall be liable, on summary conviction, to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) The powers conferred by this Article are in addition to, and not in derogation of, any power otherwise conferred.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of stop, search and seizure in Northern Ireland

Power to stop and search in anticipation of violence

96

In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23A (which is inserted by section 95) insert—

(23B) (1) If a police officer of or above the rank of inspector reasonably believes— (a) that incidents involving serious violence may take place in any locality, and that it is expedient to give an authorisation under this Article to prevent or control their occurrence, or (b) that persons are carrying dangerous instruments or offensive weapons in any locality without good reason, he may give an authorisation that the powers conferred by this Article are to be exercisable at any place within that locality for a specified period not exceeding twenty-four hours. (2) This Article confers power on any constable in uniform— (a) to stop any pedestrian and search him or anything carried by him for offensive weapons or dangerous instruments; (b) to stop any vehicle and search the vehicle, its driver and any passenger for offensive weapons or dangerous instruments; and a constable may in the exercise of those powers stop any person or vehicle and make any search he thinks fit whether or not he has any grounds for suspecting that the person or vehicle is carrying weapons or dangerous instruments. (3) If it appears to an officer of or above the rank of superintendent that it is expedient to do so, having regard to offences which— (a) have been committed in connection with the activities in respect of which the authorisation was given, or (b) are reasonably suspected to have been so committed, he may direct that the authorisation shall continue in force for a further twenty-four hours. (4) If an officer below the rank of superintendent gives an authorisation under paragraph () he must, as soon as it is practicable to do so, cause an officer of or above that rank to be informed. (5) If in the course of a search under this Article a constable discovers a dangerous instrument or an article which he has reasonable grounds for suspecting to be an offensive weapon, he may seize it. (6) This Article applies (with the necessary modifications) to ships, aircraft and hovercraft as it applies to vehicles. (7) A person who fails to stop or (as the case may be) fails to stop a vehicle when required to do so by a constable in the exercise of his powers under this Article shall be liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale or both. (8) Any authorisation under this Article— (a) shall be in writing and signed by the officer giving it; and (b) shall specify— (i) the grounds on which it is given; (ii) the locality in which the powers conferred by this Article are exercisable; (iii) the period during which those powers are exercisable; and a direction under paragraph () shall also be given in writing or, where that is not practicable, recorded in writing as soon as it is practicable to do so. (9) Where a vehicle is stopped by a constable under this Article the driver shall be entitled to obtain a written statement that the vehicle was stopped under the powers conferred by this Article if he applies for such a statement not later than the end of the period of 12 months from the day on which the vehicle was stopped. (10) A person who is searched by a constable under this Article shall be entitled to obtain a written statement that he was searched under the powers conferred by this Article if he applies for such a statement not later than the end of the period of 12 months from the day on which he was searched. (11) The powers conferred by this Article are in addition to, and not in derogation of, any power otherwise conferred. (12) For the purposes of this Article, a person carries a dangerous instrument or an offensive weapon if he has it in his possession. (13) In this Article— - “caravan” has the meaning given by section 25(1) of the Caravans Act (Northern Ireland) 1963 (N.I. c. 17); - “dangerous instrument” means an instrument which has a blade or is sharply pointed; - “offensive weapon” has the meaning given by Article 22(1); - “vehicle” includes a caravan.

Seized articles

97

In the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)), after Article 23B insert—

(23C) (1) Anything seized by a constable under Article 23A or 23B may be retained in accordance with regulations made by the Secretary of State under this Article. (2) The Secretary of State may make regulations regulating the retention and safe keeping, and the disposal and destruction in prescribed circumstances, of such things. (3) Regulations made under this Article shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 (c. 36) shall apply accordingly.

MoD and transport police

Jurisdiction of MoD police

98

(1) Section 2 of the Ministry of Defence Police Act 1987 (c. 4) (jurisdiction of members of the Ministry of Defence Police) is amended as follows.

(2) In subsection (2) (places where members of Ministry of Defence Police have powers and privileges of constables), omit paragraph (d) (which is superseded by the amendment made by subsection (4) of this section).

(3) In subsection (3) (circumstances in which members of Ministry of Defence Police have powers and privileges of constables in places in United Kingdom not mentioned in subsection (2)), after paragraph (b) insert—

(ba) in connection with offences against persons within paragraph (b) above, with the incitement of such persons to commit offences and with offences under the Prevention of Corruption Acts 1889 to 1916 in relation to such persons;

(4) After that subsection insert—

(3A) Where a member of the Ministry of Defence Police has been requested by a constable of— (a) the police force for any police area; (b) the Police Service of Northern Ireland; (c) the British Transport Police Force; or (d) the United Kingdom Atomic Energy Authority Constabulary, to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the Ministry of Defence Police shall have the powers and privileges of constables for the purposes of that incident, investigation or operation but subject to subsection (3B) below. (3B) Members of the Ministry of Defence Police have the powers and privileges of constables for the purposes of an incident, investigation or operation by virtue of subsection (3A) above— (a) if the request was made under paragraph (a) of that subsection by a constable of the police force for a police area, only in that police area; (b) if it was made under paragraph (b) of that subsection, only in Northern Ireland; (c) if it was made under paragraph (c) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the British Transport Police Force by virtue of subsection (1A) or, in Scotland, subsection (4) of section 53 of the British Transport Commission Act 1949 (c. xxix); or (d) if it was made under paragraph (d) of that subsection, only to the extent that those powers and privileges would in the circumstances be exercisable for those purposes by a constable of the United Kingdom Atomic Energy Authority Constabulary. (3C) Members of the Ministry of Defence Police shall have in any police area the same powers and privileges as constables of the police force for that police area, and in Northern Ireland the same powers and privileges as constables of the Police Service of Northern Ireland,— (a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence; or (b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury. (3D) But members of the Ministry of Defence Police have powers and privileges by virtue of subsection (3C) above only if— (a) they are in uniform or have with them documentary evidence that they are members of the Ministry of Defence Police; and (b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (3A) above by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

(5) In subsection (4) (territorial waters)—

(a) for “to (3)” substitute “ to (3D) ”, and

(b) for “subsections (1) and (3)” substitute “ those subsections ”.

(6) In subsection (5)—

(a) after the definition of “appropriate Gazette” insert—

“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);

, . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of assistance by MoD police

99

After section 2 of the Ministry of Defence Police Act 1987 (c. 4) insert—

(2A) (1) The Chief Constable of the Ministry of Defence Police may, on the application of the chief officer of any relevant force, provide constables or other assistance for the purpose of enabling that force to meet any special demand on its resources. (2) Where a member of the Ministry of Defence Police is provided for the assistance of a relevant force under this section— (a) he shall be under the direction and control of the chief officer of that force; and (b) he shall have the same powers and privileges as a member of that force. (3) Constables are not to be regarded as provided for the assistance of a relevant force under this section in a case where assistance is provided under section 2 above. (4) In this section— - “British Transport Police Force” has the same meaning as in section 2 above; - “chief officer” means— 1. the chief officer of the police force for any police area; 2. the Chief Constable of the Police Service of Northern Ireland; 3. the Chief Constable of the British Transport Police Force; or 4. the Chief Constable of the United Kingdom Atomic Energy Authority Constabulary; - “relevant force” means— 1. the police force for any police area; 2. the Police Service of Northern Ireland; 3. the British Transport Police Force; or 4. the United Kingdom Atomic Energy Authority Constabulary; and - “United Kingdom Atomic Energy Authority Constabulary” has the same meaning as in section 2 above.

Jurisdiction of transport police

100

(1) Where a member of the British Transport Police Force has been requested by a constable of—

(a) the police force for any police area,

(b) the Ministry of Defence Police, or

(“the requesting force”) to assist him in the execution of his duties in relation to a particular incident, investigation or operation, members of the British Transport Police Force have for the purposes of that incident, investigation or operation the same powers and privileges as constables of the requesting force.

(2) Members of the British Transport Police Force have in any police area the same powers and privileges as constables of the police force for that police area—

(a) in relation to persons whom they suspect on reasonable grounds of having committed, being in the course of committing or being about to commit an offence, or

(b) if they believe on reasonable grounds that they need those powers and privileges in order to save life or to prevent or minimise personal injury or damage to property .

(3) But members of the British Transport Police Force have powers and privileges by virtue of subsection (2) only if—

(a) they are in uniform or have with them documentary evidence that they are members of that Force, and

(b) they believe on reasonable grounds that a power of a constable which they would not have apart from that subsection ought to be exercised and that, if it cannot be exercised until they secure the attendance of or a request under subsection (1) by a constable who has it, the purpose for which they believe it ought to be exercised will be frustrated or seriously prejudiced.

(3A) In the application of this section to Scotland—

(a) references to a “police area” are references to Scotland; and

(b) references to the “police force” for a police area are references to the Police Service of Scotland.

(4) In this section—

“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix), . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further provisions about transport police and MoD police

101

Schedule 7 contains amendments relating to the British Transport Police Force and the Ministry of Defence Police.

Part 11 — Retention of Communications Data

Codes and agreements about the retention of communications data

102

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Procedure for codes of practice

103

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Directions about retention of communications data

104

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Lapsing of powers in section 104

105

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Arrangements for payments

106

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Interpretation of Part 11

107

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Part 12 — Bribery and Corruption

Bribery and corruption: foreign officers etc.

108

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Bribery and corruption committed outside the UK

109

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Presumption of corruption not to apply

110

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Part 13 — Miscellaneous

Third pillar of the European Union

Implementation of the third pillar

111

(1) At any time before 1st July 2002, an authorised Minister may by regulations make provision—

(a) for the purpose of implementing any obligation of the United Kingdom created or arising by or under any third pillar measure or enabling any such obligation to be implemented,

(b) for the purpose of enabling any rights enjoyed or to be enjoyed by the United Kingdom under or by virtue of any third pillar measure to be exercised, or

(2) For the purposes of subsection (1), the following are third pillar measures—

(a) the 1995 Convention drawn up on the basis of Article K.3 of the Treaty on European Union on Simplified Extradition Procedure between the Member States of the European Union,

(b) the 1996 Convention drawn up on the basis of Article K.3 of the Treaty on European Union relating to Extradition between the Member States of the European Union,

(c) any framework decision adopted under Article 34 of the Treaty on European Union on the execution in the European Union of orders freezing property or evidence, on joint investigation teams, or on combatting terrorism, and

(d) the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union, and the Protocol to that Convention, established in accordance with Article 34 of the Treaty on European Union.

(3) The provision that may be made under subsection (1) includes, subject to subsection (4), any such provision (of any such extent) as might be made by Act of Parliament.

(4) The powers conferred by subsection (1) do not include power—

(a) to make any provision imposing or increasing taxation,

(b) to make any provision taking effect from a date earlier than that of the making of the instrument containing the provision,

(c) to confer any power to legislate by means of orders, rules, regulations or other subordinate instrument, other than rules of procedure for a court or tribunal, or

(d) to create, except in accordance with subsection (6), a criminal offence which is punishable—

(i) on conviction on indictment, with imprisonment for more than two years,

(ii) on summary conviction, with imprisonment for more than three months,

(iii) on summary conviction, with a fine (not calculated on a daily basis) of more than level 5 on the standard scale or (for an offence triable either way) more than the statutory maximum, or

(iv) on summary conviction, with a fine of more than £100 a day.

(5) Subsection (4)(c) does not preclude the modification of a power to legislate conferred otherwise than under subsection (1), or the extension of any such power to purposes of the like nature as those for which it was conferred, and a power to give directions as to matters of administration is not to be regarded as a power to legislate within the meaning of subsection (4)(c).

(6) Subsection (4)(d) does not preclude the creation of an offence punishable on conviction on indictment with imprisonment for a term of any length if—

(a) the offence is one for which a term of that length, a term of at least that length, or a term within a range of lengths including that length, is required for the offence by an obligation created or arising by or under any third pillar measure,

(b) the offence, if committed in particular circumstances, would be an offence falling within paragraph (a), or

(c) the offence is not committed in the United Kingdom but would, if committed in the United Kingdom, or a part of the United Kingdom, be punishable on conviction on indictment with imprisonment for a term of that length.

Third pillar: supplemental

112

(1) “Authorised Minister” in section 111(1) has the meaning given by subsections (2) and (3).

(2) The Scottish Ministers are authorised Ministers for any purpose for which powers under section 111(1) are exercisable within devolved competence (within the meaning of the Scotland Act 1998 (c. 46)).

(3) For any other purpose, the following are authorised Ministers—

(a) the Secretary of State,

(b) the Lord Chancellor,

(d) the National Assembly for Wales, if designated under subsection (4),

(e) the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland department, if the Ministers are, or the Minister or the department is, designated under subsection (4).

(4) A designation under this subsection may be made by Order in Council in relation to any matter or for any purpose, and is subject to any restriction or condition specified in the Order.

(5) An Order in Council under subsection (4) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) The power to make regulations under section 111(1)—

(a) in the case of the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland Department, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I.1979/1573 (N.I. 12)),

(b) in any other case, is exercisable by statutory instrument.

(7) No regulations may be made under section 111(1) unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

(8) Subsection (7) has effect, so far as it relates to the exercise of powers under section 111(1) by the Scottish Ministers, as if the reference to each House of Parliament were a reference to the Scottish Parliament.

(9) Subsection (7) does not apply to a statutory instrument containing regulations made by the National Assembly for Wales unless the statutory instrument contains regulations—

(a) made by the Secretary of State, the Lord Chancellor or the Treasury (whether or not jointly with the Assembly),

(b) relating to an English border area, or

(c) relating to a cross-border body (and not relating only to the exercise of functions, or the carrying on of activities, by the body in or with respect to Wales or a part of Wales);

and in this subsection expressions used in the Government of Wales Act 1998 (c. 38) have the same meaning as in that Act.

(10) Subsection (7) has effect, so far as it relates to the exercise of powers under section 111(1) by the First Minister and deputy First Minister acting jointly, a Northern Ireland Minister or a Northern Ireland department, as if the reference to each House of Parliament were a reference to the Northern Ireland Assembly.

Dangerous substances

Use of noxious substances or things to cause harm and intimidate

113

(1) A person who takes any action which—

(a) involves the use of a noxious substance or other noxious thing;

(b) has or is likely to have an effect falling within subsection (2); and

(c) is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public,

is guilty of an offence.

(2) Action has an effect falling within this subsection if it—

(a) causes serious violence against a person anywhere in the world;

(b) causes serious damage to real or personal property anywhere in the world;

(d) induces in members of the public the fear that the action is likely to endanger their lives or create a serious risk to their health or safety;

but any effect on the person taking the action is to be disregarded.

(3) A person who—

(a) makes a threat that he or another will take any action which constitutes an offence under subsection (1); and

(b) intends thereby to induce in a person anywhere in the world the fear that the threat is likely to be carried out,

is guilty of an offence.

(4) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and

(b) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine (or both).

(5) In this section—

“the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom; and

“the public” includes the public of a country other than the United Kingdom.

Hoaxes involving noxious substances or things

114

(1) A person is guilty of an offence if he—

(a) places any substance or other thing in any place; or

(b) sends any substance or other thing from one place to another (by post, rail or any other means whatever);

with the intention of inducing in a person anywhere in the world a belief that it is likely to be (or contain) a noxious substance or other noxious thing and thereby endanger human life or create a serious risk to human health.

(2) A person is guilty of an offence if he communicates any information which he knows or believes to be false with the intention of inducing in a person anywhere in the world a belief that a noxious substance or other noxious thing is likely to be present (whether at the time the information is communicated or later) in any place and thereby endanger human life or create a serious risk to human health.

(3) A person guilty of an offence under this section is liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both); and

(b) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both).

Sections 113 and 114: supplementary

115

(1) For the purposes of sections 113 and 114 “substance” includes any biological agent and any other natural or artificial substance (whatever its form, origin or method of production).

(2) For a person to be guilty of an offence under section 113(3) or 114 it is not necessary for him to have any particular person in mind as the person in whom he intends to induce the belief in question.

Intelligence Services Act 1994

Amendments of Intelligence Services Act 1994

116

(1) In section 7 of the Intelligence Services Act 1994 (c. 13) (authorisation of acts outside the British Islands), in subsection (3) —

(a) in paragraphs (a) and (b)(i), after “the Intelligence Service” insert, in each case, “ or GCHQ ”; and

(b) in paragraph (c), after “2(2)(a)” insert “ or 4(2)(a) ”.

(2) After subsection (8) of that section insert—

(9) For the purposes of this section the reference in subsection (1) to an act done outside the British Islands includes a reference to any act which— (a) is done in the British Islands; but (b) is or is intended to be done in relation to apparatus that is believed to be outside the British Islands, or in relation to anything appearing to originate from such apparatus; and in this subsection “apparatus” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Terrorism Act 2000

Information about acts of terrorism

117

(1) The Terrorism Act 2000 (c. 11) is amended as follows.

(2) After section 38 insert—

(38B) (1) This section applies where a person has information which he knows or believes might be of material assistance— (a) in preventing the commission by another person of an act of terrorism, or (b) in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism. (2) The person commits an offence if he does not disclose the information as soon as reasonably practicable in accordance with subsection (3). (3) Disclosure is in accordance with this subsection if it is made— (a) in England and Wales, to a constable, (b) in Scotland, to a constable, or (c) in Northern Ireland, to a constable or a member of Her Majesty’s forces. (4) It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure. (5) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum or to both. (6) Proceedings for an offence under this section may be taken, and the offence may for the purposes of those proceedings be treated as having been committed, in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1).

(3) In section 39(3) (disclosure of information etc.), after “21” insert “ or 38B ”.

Port and airport controls for domestic travel

118

(1) Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.

(2) In paragraph 2(2)(b), at the end insert “or his travelling by air within Great Britain or within Northern Ireland.”

(3) In paragraph 2(3), for “in Great Britain or Northern Ireland.” substitute “ at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). ”

(4) For paragraph 9(2) substitute—

(2) This paragraph applies to— (a) goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship or vehicle, and (b) goods which have arrived at or are about to leave any place in Great Britain or Northern Ireland on an aircraft (whether the place they have come from or are going to is within or outside Great Britain or Northern Ireland).

Passenger information

119

(1) Paragraph 17 of Schedule 7 to the Terrorism Act 2000 (c. 11) (port and border controls: passenger information) is amended as follows.

(2) For sub-paragraph (1) substitute—

(1) This paragraph applies to a ship or aircraft which— (a) arrives or is expected to arrive in any place in the United Kingdom (whether from another place in the United Kingdom or from outside the United Kingdom), or (b) leaves or is expected to leave the United Kingdom.

(3) In sub-paragraph (4)—

(a) omit the “or” at the end of paragraph (b), and

(b) after paragraph (c) add—

, or (d) to goods.

Weapons training for terrorists

120

(1) In section 54(1) and (2) of the Terrorism Act 2000 (weapons training for terrorists), after paragraph (a) insert—

(aa) radioactive material or weapons designed or adapted for the discharge of any radioactive material,

(2) In section 55 of that Act (definitions)—

(a) for the definition of “biological weapon” substitute—

“biological weapon” means a biological agent or toxin (within the meaning of the Biological Weapons Act 1974) in a form capable of use for hostile purposes or anything to which section 1(1)(b) of that Act applies,

;

(b) after the definition of “chemical weapon” insert—

“radioactive material” means radioactive material capable of endangering life or causing harm to human health,

;

and

Crown Court judges: Northern Ireland

121

(1) The Terrorism Act 2000 (c. 11) is amended as follows.

(2) In paragraph 18 of Schedule 5 (terrorist investigations: application to Northern Ireland)—

(a) omit paragraph (e);

(b) in paragraph (g) for “county court judge” substitute “ Crown Court judge ”.

(3) In paragraph 20 of that Schedule (powers of Secretary of State), in sub-paragraphs (2) and (3)(a) for “county court judge” substitute “ Crown Court judge ”.

(4) In paragraph 3(c) of Schedule 6 (persons by whom financial information orders may be made) for “county court judge” substitute “ Crown Court judge ”.

Part 14 — Supplemental

Review of Act

122

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Effect of report

123

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Consequential and supplementary provision

124

(1) A Minister of the Crown may by order make such incidental, consequential, transitional or supplemental provision as he thinks necessary or expedient for the general purposes, or any particular purpose, of this Act or in consequence of any provision made by or under this Act or for giving full effect to this Act or any such provision.

(2) An order under this section may, in particular, make provision—

(a) for applying (with or without modifications) or amending, repealing or revoking any provision of or made under an Act passed before this Act or in the same Session,

(b) for making savings, or additional savings, from the effect of any repeal or revocation made by or under this Act.

(3) Amendments made under this section are in addition, and without prejudice, to those made by or under any other provision of this Act.

(4) No other provision of this Act restricts the powers conferred by this section.

(5) An order under this section may make different provision for different purposes.

(6) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) In this Part, “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 (c. 26).

Repeals and revocation

125

The enactments mentioned in Schedule 8 are repealed or revoked to the extent specified in the second column of that Schedule.

Expenses

126

There shall be paid out of money provided by Parliament—

(a) any expenditure incurred by a Minister of the Crown by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other enactment.

Commencement

127

(1) Except as provided in subsections (2) to (4), this Act comes into force on such day as the Secretary of State may appoint by order.

(2) The following provisions come into force on the day on which this Act is passed—

(a) Parts 2 to 6,

(b) Part 8, except section 78,

(d) sections 89 to 97,

(e) sections 98 to 100, except so far as they extend to Scotland,

(f) section 101 and Schedule 7, except so far as they relate to the entries in respect of the Police (Scotland) Act 1967,

(g) Part 11,

(h) Part 13, except section 121,

(i) this Part, except section 125 and Schedule 8 so far as they relate to the entries—

(i) in Part 1 of Schedule 8,

(ii) in Part 5 of Schedule 8, in respect of the Nuclear Installations Act 1965,

(iii) in Part 6 of Schedule 8, in respect of the British Transport Commission Act 1962 and the Ministry of Defence Police Act 1987, so far as those entries extend to Scotland,

(iv) in Part 7 of Schedule 8, in respect of Schedule 5 to the Terrorism Act 2000.

(3) The following provisions come into force at the end of the period of two months beginning with the day on which this Act is passed—

(a) section 84,

(b) section 87.

(4) The following provisions come into force on such day as the Secretary of State and the Scottish Ministers, acting jointly, may appoint by order—

(a) sections 98 to 100, so far as they extend to Scotland,

(b) section 101 and Schedule 7, so far as they relate to the entries in respect of the Police (Scotland) Act 1967, and

(c) section 125 and Schedule 8, so far as they relate to the entries in Part 6 of Schedule 8 in respect of the British Transport Commission Act 1962 and the Ministry of Defence Police Act 1987, so far as those entries extend to Scotland.

(5) Different days may be appointed for different provisions and for different purposes.

(6) An order under this section—

(a) must be made by statutory instrument, and

(b) may contain incidental, supplemental, consequential or transitional provision.

Extent

128

(1) The following provisions do not extend to Scotland—

(a) Part 5,

(b) Part 12,

(c) in Part 6 of Schedule 8, the repeals in the Criminal Justice and Police Order Act 1994 and in the Crime and Disorder Act 1998.

(2) The following provisions do not extend to Northern Ireland—

(a) section 76,

(b) section 100.

(3) Except as provided in subsections (1) and (2), an amendment, repeal or revocation in this Act has the same extent as the enactment amended, repealed or revoked.

Short title

129

This Act may be cited as the Anti-terrorism, Crime and Security Act 2001.

SCHEDULE 1

PART 1 — Introductory: forfeiture of terrorist cash

Terrorist cash

1

(1) This Schedule (other than Parts 4A and 4B to 4BD) applies to cash (“terrorist cash”) which—

(a) is within subsection (1)(a) or (b) of section 1, or

(b) is property earmarked as terrorist property.

(2) “Cash” means—

(a) coins and notes in any currency,

(b) postal orders,

(d) bankers’ drafts,

(e) bearer bonds and bearer shares,

(f) gaming vouchers,

(g) fixed-value casino tokens,

(h) betting receipts,

found at any place in the United Kingdom.

(3) Cash also includes any kind of monetary instrument which is found at any place in the United Kingdom, if the instrument is specified by the Secretary of State by order.

(4) The power to make an order under sub-paragraph (3) is exercisable by statutory instrument, which is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) For the purposes of sub-paragraph (2)—

(a) “gaming voucher” means a voucher in physical form issued by a gaming machine that represents a right to be paid the amount stated on it;

(b) “fixed-value casino token” means a casino token that represents a right to be paid the amount stated on it;

(c) “betting receipt” means a receipt in physical form that represents a right to be paid an amount in respect of a bet placed with a person holding a betting licence.

(6) In sub-paragraph (5)—

“bet”—in relation to England and Wales and Scotland, has the same meaning as in section 9(1) of the Gambling Act 2005;in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (S.I. 1985/1204 (N.I. 11)) (see Article 2 of that Order);

“betting licence”—in relation to England and Wales and Scotland, means a general betting operating licence issued under Part 5 of the Gambling Act 2005;in relation to Northern Ireland, means a bookmaker's licence as defined in Article 2 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985;

“gaming machine”—in relation to England and Wales and Scotland, has the same meaning as in the Gambling Act 2005 (see section 235 of that Act);in relation to Northern Ireland, has the same meaning as in the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (see Article 2 of that Order).

(7) In the application of sub-paragraph (5) to Northern Ireland references to a right to be paid an amount are to be read as references to the right that would exist but for Article 170 of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 (gaming and wagering contracts void).

PART 2 — Seizure and detention of terrorist cash

Seizure of cash

2

(1) An authorised officer may seize any cash if he has reasonable grounds for suspecting that it is terrorist cash.

(2) An authorised officer may also seize cash part of which he has reasonable grounds for suspecting to be terrorist cash if it is not reasonably practicable to seize only that part.

Detention of seized cash

3

(1) While the authorised officer continues to have reasonable grounds for his suspicion, cash seized under this Schedule may be detained initially for a period of 48 hours.

(1A) In determining the period of 48 hours specified in sub-paragraph (1) there shall be disregarded—

(a) any Saturday or Sunday;

(b) Christmas Day;

(d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the cash is seized;

(e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in the sheriff court district in which the cash is seized.

(2) The period for which the cash or any part of it may be detained may be extended by an order made by a magistrates’ court or (in Scotland) the sheriff; but the order may not authorise the detention of any of the cash—

(a) beyond the end of the period of 6 months beginning with the date of the order, and

(b) in the case of any further order under this paragraph, beyond the end of the period of two years beginning with the date of the first order.

(3) A justice of the peace may also exercise the power of a magistrates’ court to make the first order under sub-paragraph (2) extending the period.

(3A) An application to a magistrates' court, a justice of the peace or the sheriff for an order under sub-paragraph (2) making the first extension of the period—

(a) may be made and heard without notice of the application or hearing having been given to any of the persons affected by the application or to the legal representative of such a person, and

(b) may be heard and determined in private in the absence of persons so affected and of their legal representatives.

(4) An order under sub-paragraph (2) must provide for notice to be given to persons affected by it.

(5) An application for an order under sub-paragraph (2)—

(a) in relation to England and Wales and Northern Ireland, may be made by the Commissioners of Customs and Excise or an authorised officer,

(b) in relation to Scotland, may be made by a procurator fiscal,

and the court, sheriff or justice may make the order if satisfied, in relation to any cash to be further detained, that one of the following conditions is met.

(6) The first condition is that there are reasonable grounds for suspecting that the cash is intended to be used for the purposes of terrorism and that either—

(a) its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(7) The second condition is that there are reasonable grounds for suspecting that the cash consists of resources of an organisation which is a proscribed organisation and that either—

(a) its continued detention is justified while investigation is made into whether or not it consists of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(8) The third condition is that there are reasonable grounds for suspecting that the cash is property earmarked as terrorist property and that either—

(a) its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the cash is connected, or

(b) proceedings against any person for an offence with which the cash is connected have been started and have not been concluded.

(9) Where an application for an order under sub-paragraph (2) relates to cash seized under paragraph 2(2), the court, sheriff or justice may make the order if satisfied that—

(a) the condition in sub-paragraph (6), (7) or (8) is met in respect of part of the cash, and

(b) it is not reasonably practicable to detain only that part.

Payment of detained cash into an account

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(1) If cash is detained under this Schedule for more than 48 hours (determined in accordance with paragraph 3(1A)) , it is to be held in an interest-bearing account and the interest accruing on it is to be added to it on its forfeiture or release.

(2) In the case of cash seized under paragraph 2(2), the authorised officer must, on paying it into the account, release so much of the cash then held in the account as is not attributable to terrorist cash.

(3) Sub-paragraph (1) does not apply if the cash is required as evidence of an offence or evidence in proceedings under this Schedule.

Release of detained cash

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(1) This paragraph applies while any cash is detained under any provision of this Schedule other than Part 2A.

(2) A magistrates’ court or (in Scotland) the sheriff may direct the release of the whole or any part of the cash if satisfied, on an application by the person from whom it was seized, that the conditions in paragraph 3 for the detention of cash are no longer met in relation to the cash to be released.

(3) A authorised officer or (in Scotland) a procurator fiscal may, after notifying the magistrates’ court, sheriff or justice under whose order cash is being detained, release the whole or any part of it if satisfied that the detention of the cash to be released is no longer justified.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 3 — Forfeiture of terrorist cash

Forfeiture

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(1) While cash is detained under this Schedule, an application for the forfeiture of the whole or any part of it may be made—

(a) to a magistrates’ court by the Commissioners of Customs and Excise or an authorised officer,

(b) (in Scotland) to the sheriff by the Scottish Ministers.

(2) The court or sheriff may order the forfeiture of the cash or any part of it if satisfied that the cash or part is terrorist cash.

(3) In the case of property earmarked as terrorist property which belongs to joint tenants one of whom is an excepted joint owner, the order may not apply to so much of it as the court or sheriff thinks is attributable to the excepted joint owner’s share.

(4) An excepted joint owner is a joint tenant who obtained the property in circumstances in which it would not (as against him) be earmarked; and references to his share of the earmarked property are to so much of the property as would have been his if the joint tenancy had been severed.

Appeal against forfeiture

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(1) A party to proceedings for an order under paragraph 6 (“a forfeiture order”) who is aggrieved by a forfeiture order made in the proceedings or by the decision of the court or sheriff not to make a forfeiture order may appeal—

(a) in England and Wales, to the Crown Court;

(b) in Scotland, to the sheriff principal;

(2) The appeal must be brought before the end of the period of 30 days beginning with the date on which the order is made or, as the case may be, the decision is given.

This is subject to paragraph 7A (extended time for appealing in certain cases of deproscription).

(3) The court or sheriff principal hearing the appeal may make any order that appears to the court or sheriff principal to be appropriate.

(4) If an appeal against a forfeiture order is upheld, the court or sheriff principal may order the release of the whole or any part of the cash.

Application of forfeited cash

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(1) Cash forfeited under paragraph 6, and any accrued interest on it—

(a) if forfeited by a magistrates’ court in England and Wales or Northern Ireland, is to be paid into the Consolidated Fund,

(b) if forfeited by the sheriff, is to be paid into the Scottish Consolidated Fund.

(2) But it is not to be paid in—

(a) before the end of the period within which an appeal under paragraph 7 may be made, or

(b) if a person appeals under that paragraph, before the appeal is determined or otherwise disposed of.

PART 4 — Miscellaneous: terrorist cash

Victims

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(1) A person who claims that any cash detained under this Schedule, or any part of it, belongs to him may apply to a magistrates’ court or (in Scotland) the sheriff for the cash or part to be released to him.

(2) The application may be made in the course of proceedings under paragraph 3 or 6 or at any other time.

(3) If it appears to the court or sheriff concerned that—

(a) the applicant was deprived of the cash claimed, or of property which it represents, by criminal conduct,

(b) the property he was deprived of was not, immediately before he was deprived of it, property obtained by or in return for criminal conduct and nor did it then represent such property, and

the court or sheriff may order the cash to be released to the applicant.

(4) If sub-paragraph (5) applies, the court or sheriff may order the cash to be released to the applicant or to the person from whom it was seized.

(5) This sub-paragraph applies where—

(a) the applicant is not the person from whom the cash claimed was seized,

(b) it appears to the court or sheriff that the cash belongs to the applicant,

(d) no objection to the making of an order under sub-paragraph (4) has been made by the person from whom the cash was seized.

(6) The release condition is met—

(a) in relation to cash detained under paragraph 3, if the conditions in that paragraph for the detention of the cash are no longer met,

(b) in relation to cash detained under paragraph 5B or 5C, if the cash is not terrorist cash, and

(c) in relation to cash detained pending the conclusion of proceedings in pursuance of an application under paragraph 6, if the court or sheriff decides not to make an order under that paragraph in relation to the cash.

Compensation

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(1) If no forfeiture order is made in respect of any cash detained under this Schedule, and the cash is not otherwise forfeited in pursuance of a cash forfeiture notice, the person to whom the cash belongs or from whom it was seized may make an application to the magistrates’ court or (in Scotland) the sheriff for compensation.

(2) If, for any period after the initial detention of the cash for 48 hours (determined in accordance with paragraph 3(1A)) , the cash was not held in an interest-bearing account while detained, the court or sheriff may order an amount of compensation to be paid to the applicant.

(3) The amount of compensation to be paid under sub-paragraph (2) is the amount the court or sheriff thinks would have been earned in interest in the period in question if the cash had been held in an interest-bearing account.

(4) If the court or sheriff is satisfied that, taking account of any interest to be paid under this Schedule or any amount to be paid under sub-paragraph (2), the applicant has suffered loss as a result of the detention of the cash and that the circumstances are exceptional, the court or sheriff may order compensation (or additional compensation) to be paid to him .

(5) The amount of compensation to be paid under sub-paragraph (4) is the amount the court or sheriff thinks reasonable, having regard to the loss suffered and any other relevant circumstances.

(6) If the cash was seized by a customs officer, the compensation is to be paid by the Commissioners of Customs and Excise.

(7) If the cash was seized by a constable, the compensation is to be paid as follows—

(a) in the case of a constable of a police force in England and Wales, it is to be paid out of the police fund from which the expenses of the police force are met,

(b) in the case of a constable of the Police Service of Scotland, it is to be paid by the Scottish Police Authority,

(c) in the case of a police officer within the meaning of the Police (Northern Ireland) Act 2000 (c. 32), it is to be paid out of money provided by the Chief Constable.

(7A) If the cash was seized by a counter-terrorism financial investigator, the compensation is to be paid as follows—

(a) in the case of a counter-terrorism financial investigator who was—

(i) a member of the civilian staff of a police force (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011, or

(ii) a member of staff of the City of London police force,

it is to be paid out of the police fund from which the expenses of the police force are met,

(b) in the case of a counter-terrorism financial investigator who was a member of staff of the Police Service of Northern Ireland, it is to be paid out of money provided by the Chief Constable of the Police Service of Northern Ireland.

(8) If the cash was seized by an immigration officer, the compensation is to be paid by the Secretary of State.

(8A) If any cash is detained under this Schedule and part only of the cash is forfeited in pursuance of a cash forfeiture notice, this paragraph has effect in relation to the other part.

(9) If a forfeiture order is made in respect only of a part of any cash detained under this Schedule, this paragraph has effect in relation to the other part.

(10) This paragraph does not apply if the court or sheriff makes an order under paragraph 9.

PART 5 — Property earmarked as terrorist property

Property obtained through terrorism

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(1) A person obtains property through terrorism if he obtains property by or in return for acts of terrorism, or acts carried out for the purposes of terrorism.

(2) In deciding whether any property was obtained through terrorism—

(a) it is immaterial whether or not any money, goods or services were provided in order to put the person in question in a position to carry out the acts,

(b) it is not necessary to show that the act was of a particular kind if it is shown that the property was obtained through acts of one of a number of kinds, each of which would have been an act of terrorism, or an act carried out for the purposes of terrorism.

Property earmarked as terrorist property

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(1) Property obtained through terrorism is earmarked as terrorist property.

(2) But if property obtained through terrorism has been disposed of (since it was so obtained), it is earmarked as terrorist property only if it is held by a person into whose hands it may be followed.

(3) Earmarked property obtained through terrorism may be followed into the hands of a person obtaining it on a disposal by—

(a) the person who obtained the property through terrorism, or

(b) a person into whose hands it may (by virtue of this sub-paragraph) be followed.

Tracing property

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(1) Where property obtained through terrorism (“the original property”) is or has been earmarked as terrorist property, property which represents the original property is also earmarked.

(2) If a person enters into a transaction by which—

(a) he disposes of earmarked property, whether the original property or property which (by virtue of this Part) represents the original property, and

(b) he obtains other property in place of it,

the other property represents the original property.

(3) If a person disposes of earmarked property which represents the original property, the property may be followed into the hands of the person who obtains it (and it continues to represent the original property).

Mixing property

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(1) Sub-paragraph (2) applies if a person’s property which is earmarked as terrorist property is mixed with other property (whether his property or another’s).

(2) The portion of the mixed property which is attributable to the property earmarked as terrorist property represents the property obtained through terrorism.

(3) Property earmarked as terrorist property is mixed with other property if (for example) it is used—

(a) to increase funds held in a bank account,

(b) in part payment for the acquisition of an asset,

(d) by a person holding a leasehold interest in the property to acquire the freehold.

Accruing profits

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(1) This paragraph applies where a person who has property earmarked as terrorist property obtains further property consisting of profits accruing in respect of the earmarked property.

(2) The further property is to be treated as representing the property obtained through terrorism.

General exceptions

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(1) If—

(a) a person disposes of property earmarked as terrorist property, and

(b) the person who obtains it on the disposal does so in good faith, for value and without notice that it was earmarked,

the property may not be followed into that person’s hands and, accordingly, it ceases to be earmarked.

(2) If—

(a) in pursuance of a judgment in civil proceedings (whether in the United Kingdom or elsewhere), the defendant makes a payment to the claimant or the claimant otherwise obtains property from the defendant,

(b) the claimant’s claim is based on the defendant’s criminal conduct, and

(c) apart from this sub-paragraph, the sum received, or the property obtained, by the claimant would be earmarked as terrorist property,