Legalize / United Kingdom / Public General Act

Counter-Terrorism Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2025-06-19

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(4) The notification must be acknowledged.

(5) The acknowledgement must be in writing, and in such form as the Secretary of State may direct.

(6) The person making the notification must, if requested to do so by the police officer or person to whom the notification is made, allow the officer or person to—

(a) take the person's fingerprints,

(b) photograph any part of the person, or

for the purpose of verifying the person's identity.

(7) In the application of this section to Scotland, references to a police officer are to be read as references to a constable.

Meaning of “local police area”

51

(1) For the purposes of section 50(2) (method of notification) a person's “local police area” means—

(a) the police area in which the person's home address is situated;

(b) in the absence of a home address, the police area in which the home address last notified is situated;

(c) in the absence of a home address and of any such notification, the police area in which the court of trial was situated.

(2) In subsection (1)(c) “the court of trial” means—

(a) the court by or before which the conviction or finding was made by virtue of which the notification requirements apply to the person, or

(b) if that conviction or finding was one substituted on an appeal or reference, the court by or before which the proceedings were taken from which the appeal or reference was brought.

(3) This section and section 50(2) apply in relation to Northern Ireland as if Northern Ireland were a police area.

(4) This section and section 50(2) apply in relation to Scotland as if Scotland were a police area.

Travel outside the United Kingdom

52

(1) The Secretary of State may by regulations make provision requiring a person to whom the notification requirements apply who leaves the United Kingdom—

(a) to notify the police of their departure before they leave, and

(b) to notify the police of their return if they subsequently return to the United Kingdom.

(2) Notification of departure must disclose—

(a) the date on which the person intends to leave the United Kingdom;

(b) the country (or, if there is more than one, the first country) to which the person will travel;

(d) any other information required by the regulations.

(3) Notification of return must disclose such information as is required by the regulations about the person's return to the United Kingdom.

(4) Notification under this section must be given in accordance with the regulations.

(5) Regulations under this section are subject to affirmative resolution procedure.

Period for which notification requirements apply

53

(1) The period for which the notification requirements apply is—

(a) 30 years in the case of a person who—

(i) is aged 18 or over at the time of conviction for the offence, and

(ii) receives in respect of the offence a sentence within subsection (2);

(b) 15 years in the case of a person who—

(i) is aged 18 or over at the time of conviction for the offence, and

(ii) receives in respect of the offence a sentence within subsection (3);

(2) The sentences in respect of which a 30 year period applies are—

(a) in England and Wales—

(i) imprisonment or custody for life,

(ii) imprisonment or detention in a young offender institution for a term of 10 years or more,

(iii) imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),

(iv) detention during Her Majesty's pleasure;

(b) in Scotland—

(i) imprisonment or detention in a young offenders institution for life,

(ii) imprisonment or detention in a young offenders institution for a term of 10 years or more,

(iii) an order for lifelong restriction under section 210F of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(i) imprisonment for life,

(ii) imprisonment for a term of 10 years or more,

(iii) an indeterminate custodial sentence under Article 13 of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)),

(iv) an extended custodial sentence for a term of 10 years or more under Article 14(5) of that Order (offenders under 21 convicted of certain offences),

(v) detention during the pleasure of the Minister in charge of the Department of Justice under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)).

(3) The sentences in respect of which a 15 year period applies are—

(a) in England and Wales, imprisonment or detention in a young offender institution for a term of 5 years or more but less than 10 years;

(b) in Scotland, imprisonment or detention in a young offenders institution for a term of 5 years or more but less than 10 years;

(i) imprisonment for a term of 5 years or more but less than 10 years,

(ii) an extended custodial sentence for a term of 5 years or more but less than 10 years under Article 14(5) of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (offenders under 21 convicted of certain offences).

(4) The period begins with the day on which the person is dealt with for the offence.

(5) If a person who is the subject of a finding within section 45(1)(b)(iii), (2)(b)(iii) or (3)(b)(iii) (finding of disability, etc) is subsequently tried for the offence, the period resulting from that finding ends—

(a) if the person is acquitted, at the conclusion of the trial;

(b) if the person is convicted, when the person is again dealt with in respect of the offence.

(6) For the purposes of determining the length of the period—

(a) a person who has been sentenced in respect of two or more offences to which this Part applies to consecutive terms of imprisonment is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to the aggregate of the terms; and

(b) a person who has been sentenced in respect of two or more such offences to concurrent terms of imprisonment (X and Y) that overlap for a period (Z) is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to X plus Y minus Z.

(7) In determining whether the period has expired, there shall be disregarded any period when the person was—

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

(b) serving a sentence of imprisonment or detention,

(d) detained under the Immigration Acts.

Offences in relation to notification

Offences relating to notification

54

(1) A person commits an offence who—

(a) fails without reasonable excuse to comply with—

section 47 (initial notification),

section 48 (notification of changes : general),

section 48A (notification of changes: financial information and information about identification documents),

section 49 (periodic re-notification),

section 50(6) (taking of fingerprints or photographs),

any regulations made under section 52(1) (travel outside United Kingdom), or

section 56 (notification on return after absence from UK); or

(b) notifies to the police in purported compliance with—

section 47 (initial notification),

section 48 (notification of changes : general),

section 48A (notification of changes: financial information and information about identification documents),

section 49 (periodic re-notification),

any regulations made under section 52(1) (travel outside United Kingdom), or

section 56 (notification on return after absence from UK),

any information that the person knows to be false.

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

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

(2A) In the application of this section in England and Wales, the reference in subsection (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

(3) In the application of subsection (2)(a)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in Northern Ireland,

for “12 months” substitute “ 6 months ”.

(4) A person—

(a) commits an offence under subsection (1)(a) above on the day on which the person first fails without reasonable excuse to comply with—

section 47 (initial notification),

section 48 (notification of changes : general ),

section 48A (notification of changes: financial information and information about identification documents),

section 49 (periodic re-notification),

any regulations made under section 52(1) (travel outside United Kingdom), or

section 56 (notification on return after absence from UK), and

(b) continues to commit it throughout any period during which the failure continues.

But a person must not be prosecuted under subsection (1) more than once in respect of the same failure.

(5) Proceedings for an offence under this section may be commenced in any court having jurisdiction in any place where the person charged with the offence resides or is found.

Effect of absence abroad

55

(1) If a person to whom the notification requirements apply is absent from the United Kingdom for any period the following provisions apply.

(2) During the period of absence the period for which the notification requirements apply continues to run.

(3) The period of absence does not affect the obligation under section 47 (initial notification).

This is subject to subsection (4).

(4) Section 47 does not apply if—

(a) the period of absence begins before the end of the period within which notification must be made under that section, and

(b) the person's absence results from the person's removal from the United Kingdom.

(5) Sections 48 and 48A (notification of changes)—

(a) apply in relation to an event that occurs before the period of absence, but

(b) do not apply in relation to an event that occurs during the period of absence.

Paragraph (a) is subject to subsection (6).

(6) Sections 48 and 48A do not apply in relation to an event that occurs before the period of absence if—

(a) the period of absence begins before the end of the period within which notification must be made under that section, and

(b) the person's absence results from the person's removal from the United Kingdom.

(7) Section 49 (periodic re-notification) does not apply if the applicable period referred to in subsection (1) of that section ends during the period of absence.

(8) Section 53(7) (disregard of period of custody etc) applies in relation to the period of absence as if it referred to any period when the person was—

(a) remanded in or committed to custody by an order of a court outside the United Kingdom,

(b) serving a sentence of imprisonment or detention imposed by such a court,

(d) subject to a form of detention outside the United Kingdom that is equivalent to detention under the Immigration Acts.

(9) References in this section and section 56 to a person's removal from the United Kingdom include—

(a) the person's removal from the United Kingdom in accordance with the Immigration Acts,

(b) the person's extradition from the United Kingdom, or

(c) the person's transfer from the United Kingdom to another country pursuant to a warrant under section 1 of the Repatriation of Prisoners Act 1984 (c. 47).

Notification on return after absence from UK

56

(1) This section applies if, before the end of the period for which the notification requirements apply, a person to whom the requirements apply returns to the United Kingdom after a period of absence and—

(a) the person was not required to make a notification under section 47 (initial notification),

(b) there has been a change to any of the information last notified to the police in accordance with—

(i) section 47,

(ii) section 48 (notification of changes : general),

(iia) section 48A (notification of changes: financial information and information about identification documents),

(iii) section 49 (periodic re-notification), or

(iv) this section, or

(c) the period referred to in section 49(1) (period after which re-notification required) ended during the period of absence.

(2) The person must notify or (as the case may be) re-notify to the police the information mentioned in section 47(2) within the period of three days beginning with the day of return.

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

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

(b) serving a sentence of imprisonment or detention,

(d) detained under the Immigration Acts.

(4) This section does not apply if—

(a) the person subsequently leaves the United Kingdom,

(b) the period of absence begins before the end of the period within which notification must be made under this section, and

(5) The obligation under this section does not affect any obligation to notify information under section 52(3) (regulations requiring notification of return etc).

Supplementary provisions

Notification orders

57

Schedule 4 makes provision for notification orders applying the notification requirements of this Part to persons who have been dealt with outside the United Kingdom in respect of a corresponding foreign offence.

Foreign travel restriction orders

58

Schedule 5 makes provision for foreign travel restriction orders prohibiting persons to whom the notification requirements apply from—

(a) travelling to a country outside the United Kingdom named or described in the order,

(b) travelling to any country outside the United Kingdom other than a country named or described in the order, or

59

Schedule 6 makes provision for the application of this Part to service offences and related matters.

Minor definitions for Part 4

60

In this Part—

“contact details” means—telephone numbers (if any), andemail addresses (if any);

“country” includes a territory;

“detained in a hospital” means detained in a hospital under—Part 3 of the Mental Health Act 1983 (c. 20),Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), orPart 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/595 (N.I. 4));

“home address” means, in relation to a person—the address of the person's sole or main residence in the United Kingdom, orwhere the person has no such residence, the address or location of a place in the United Kingdom where the person can regularly be found and, if there is more than one such place, such one of those places as the person may select;

“hospital order” means—a hospital order within the meaning of the Mental Health Act 1983,an order under Part 6 of the Criminal Procedure (Scotland) Act 1995, ora hospital order within the meaning of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4));

“identifying information”, in relation to a motor vehicle, means—the registration number of the vehicle,the make, model and colour of the vehicle, and 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;

“passport” means—a United Kingdom passport within the meaning of the Immigration Act 1971 (c. 77), ora passport issued by or on behalf of the authorities of a country outside the United Kingdom or by or on behalf of an international organisation,and includes any document that can be used (in some or all circumstances) instead of a passport;

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

“photograph” includes any process by means of which an image may be produced;

“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;

“release” from imprisonment or detention includes release on licence but not temporary release.

References to a person being “dealt with” for an offence

61

(1) References in this Part to a person being dealt with for or in respect of an offence are to their being sentenced, or made subject to a hospital order, in respect of the offence.

References in this Part to an offence being dealt with are to a person being dealt with in respect of the offence.

(2) Subject to the following provisions of this section, references in this Part to the time at which a person is dealt with for an offence are to the time at which they are first dealt with—

(a) in England and Wales, by a magistrates' court or the Crown Court;

(b) in Scotland, by a sheriff or by the High Court of Justiciary;

This is referred to below as “the original decision”.

(3) Where the original decision is varied (on appeal or otherwise), then—

(a) if the result is that the conditions for application of the notification requirements to a person in respect of an offence cease to be met (and paragraph (c) below does not apply), the notification requirements are treated as never having applied to that person in respect of that offence;

(b) if the result is that the conditions for application of the notification requirements to a person in respect of an offence are met where they were not previously met (and paragraph (c) below does not apply)—

(i) the person is treated as dealt with for the offence when the variation takes place, and

(ii) the notification requirements apply accordingly;

(i) a conviction of, or finding in relation to, a different offence is substituted, and

(ii) the conditions for application of the notification requirements were met in respect of the original offence and are also met in respect of the substituted offence,

the person is treated as if they had been dealt with for the substituted offence at the time of the original decision;

(d) if the sentence is varied so as to become one by virtue of which the notification requirements would apply for a different period, the period for which those requirements apply shall be determined as if the sentence as varied had been imposed at the time of the original decision;

(e) in any other case, the variation is disregarded.

(4) For the purposes of—

(a) section 41(5) (effect of order adding offence to list of terrorism offences),

(b) section 44(a) or paragraph 4(a) of Schedule 6 (persons subject to notification requirements: age when dealt with for offence),

(c) section 46(2) or paragraph 6(2) of Schedule 6 (effect of order reducing term or period triggering notification requirements),

(d) section 53(5)(b) or paragraph 7(5)(b) of Schedule 6 (period for which notification requirements apply: ending of period resulting from finding of disability etc where person subsequently tried), and

(e) paragraph 2(3) of Schedule 5 (conditions for making foreign travel restriction order: behaviour since offence dealt with),

a person is treated as dealt with at the time of the original decision and any subsequent variation of the decision is disregarded.

(5) For the purposes of—

(a) section 43(1) and (2) or paragraph 3(1) and (2) of Schedule 6 (application of Part to offences dealt with before commencement), and

(b) paragraph 2(4) of Schedule 5 (conditions for making foreign travel restriction order where offence dealt with before commencement),

a person is dealt with for an offence before the commencement of this Part if the time of the original decision falls before the commencement of this Part.

Where in such a case subsection (3) above applies for the purposes of any provision of this Part, that subsection has effect as if the provisions of this Part had been in force at all material times.

(6) In section 47(6) (adaptation of initial notification requirements in case of offence dealt with before commencement)—

(a) the reference in the opening words to an offence dealt with before the commencement of this Part is to an offence where the time of the original decision falls before the commencement of this Part, and

(b) the reference in the closing words to when the offence is dealt with has the same meaning as in subsection (1) of that section.

(7) References in this section to the variation of a decision include any proceedings by which the decision is altered, set aside or quashed, or in which a further decision is come to following the setting aside or quashing of the decision.

Part 5 — Terrorist financing and money laundering

Terrorist financing and money laundering

62

Schedule 7 makes provision conferring powers on the Treasury to act against terrorist financing, money laundering and certain other activities.

Part 6 — Financial restrictions proceedings

Chapter 1 — Application to set aside financial restrictions decision

Application to set aside financial restrictions decision

63

(1) This section applies to any decision of the Treasury in connection with the exercise of any of their functions under—

(a) the UN terrorism orders,

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ac) the Libya (Asset-Freezing) Regulations 2011(S.I. 2011/605),

(ad) the Afghanistan (Asset-Freezing) Regulations 2011 (S.I. 2011/1893),

(ae) the ISIL (Da’esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (S.I. 2011/2742 as renamed by S.I. 2016/937),

(af) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ag) the Iran (European Union Financial Sanctions) Regulations 2016 (S.I 2016/36),

(b) Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (freezing orders), or

(2) Any person affected by the decision may apply to the High Court or, in Scotland, the Court of Session to set aside the decision.

(3) In determining whether the decision should be set aside the court shall apply the principles applicable on an application for judicial review.

(4) If the court decides that a decision should be set aside it may make any such order, or give any such relief, as may be made or given in proceedings for judicial review.

(5) Without prejudice to the generality of subsection (4), if the court sets aside a decision of the Treasury—

(a) to give a direction under any of the UN terrorism orders,

(b) to make a freezing order under Part 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24), or

the court must quash the relevant direction or order.

(6) This section applies whether the decision of the Treasury was made before or after the commencement of this section.

(7) After the commencement of this section an application to set aside a decision of the Treasury to which this section applies must be made under this section.

(8) This section does not apply to any decision of the Treasury to make an order under paragraph 8 or 28(6) of Schedule 7 to this Act.

UN terrorism orders

64

(1) For the purposes of section 63 the UN terrorism orders are—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111);

(d) the Al-Qaida and Taliban (United Nations Measures) Order 2006 (S.I. 2006/2952).

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Treasury may by order amend subsection (1) by—

(a) adding other Orders in Council made under section 1 of the United Nations Act 1946 (c. 45),

(b) providing that a reference to a specified Order in Council is to that order as amended by a further Order in Council (made after the passing of this Act), or

(3) An order under subsection (2) is subject to negative resolution procedure.

Chapter 2 — Financial restrictions proceedings

Introductory

Financial restrictions proceedings

65

In this Chapter “financial restrictions proceedings” means proceedings in the High Court or the Court of Session on an application under section 63 or on a claim arising from any matter to which such an application relates.

General provisions about rules of court

66

(1) The following provisions apply to rules of court relating to—

(a) financial restrictions proceedings, or

(b) proceedings on an appeal relating to financial restrictions proceedings.

(2) A person making rules of court must have regard to—

(a) the need to secure that the decisions that are the subject of the proceedings are properly reviewed; and

(b) the need to secure that disclosures of information are not made where they would be contrary to the public interest.

(3) Rules of court may make provision—

(a) about the mode of proof and about evidence in the proceedings;

(b) enabling or requiring the proceedings to be determined without a hearing; and

(4) Rules of court may make provision—

(a) enabling the proceedings to take place without full particulars of the reasons for the decisions to which the proceedings relate being given to a party to the proceedings (or to any legal representative of that party);

(b) enabling the court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);

(d) enabling the court to give a party to the proceedings a summary of evidence taken in the party's absence.

(5) In this section—

(a) references to a party to the proceedings do not include the Treasury;

(b) references to a party's legal representative do not include a person appointed as a special advocate.

(6) Nothing in this section shall be read as restricting the power to make rules of court or the matters to be taken into account when doing so.

Rules of court about disclosure

67

(1) The following provisions apply to rules of court relating to—

(a) financial restrictions proceedings, or

(b) proceedings on an appeal relating to financial restrictions proceedings.

(2) Rules of court must secure that the Treasury are required to disclose—

(a) material on which they rely,

(b) material which adversely affects their case, and

This is subject to the following provisions of this section.

(3) Rules of court must secure—

(a) that the Treasury have the opportunity to make an application to the court for permission not to disclose material otherwise than to—

(i) the court, and

(ii) any person appointed as a special advocate;

(b) that such an application is always considered in the absence of every party to the proceedings (and every party's legal representative);

(c) that the court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be contrary to the public interest;

(d) that, if permission is given by the court not to disclose material, it must consider requiring the Treasury to provide a summary of the material to every party to the proceedings (and every party's legal representative);

(e) that the court is required to ensure that such a summary does not contain material the disclosure of which would be contrary to the public interest.

(4) Rules of court must secure that in cases where the Treasury—

(a) do not receive the court's permission to withhold material, but elect not to disclose it, or

(b) are required to provide a party to the proceedings with a summary of material that is withheld, but elect not to provide the summary,

provision to the following effect applies.

(5) The court must be authorised—

(a) if it considers that the material or anything that is required to be summarised might adversely affect the Treasury's case or support the case of a party to the proceedings, to direct that the Treasury shall not rely on such points in their case, or shall make such concessions or take such other steps, as the court may specify, or

(b) in any other case, to ensure that the Treasury do not rely on the material or (as the case may be) on that which is required to be summarised.

(6) Nothing in this section, or in rules of court made under it, is to be read as requiring the court to act in a manner inconsistent with Article 6 of the Human Rights Convention.

(7) In this section—

(a) references to a party to the proceedings do not include the Treasury;

(b) references to a party's legal representative do not include a person appointed as a special advocate; and

(c) “the Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that Act).

Appointment of special advocate

68

(1) The relevant law officer may appoint a person to represent the interests of a party to—

(a) financial restrictions proceedings, or

(b) proceedings on an appeal, or further appeal, relating to financial restrictions proceedings,

in any of those proceedings from which the party (and any legal representative of the party) is excluded.

This is referred to in this Chapter as appointment as “a special advocate”.

(2) A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent.

(3) The relevant law officer is—

(a) in relation to financial restrictions proceedings in England and Wales, or on an appeal or further appeal relating to such proceedings, the Attorney General;

(b) in relation to financial restrictions proceedings in Scotland, or on an appeal or further appeal relating to such proceedings, the Advocate General for Scotland;

(c) in relation to financial restrictions proceedings in Northern Ireland, or on an appeal or further appeal relating to such proceedings, the Advocate General for Northern Ireland.

(4) A person may be appointed as a special advocate only if—

(a) in the case of an appointment by the Attorney General, the person has a general legal qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) in the case of an appointment by the Advocate General for Scotland, the person is an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980 (c. 46);

(c) in the case of an appointment by the Advocate General for Northern Ireland, the person is a member of the Bar of Northern Ireland.

(5) Until the coming into force of section 27 of the Justice (Northern Ireland) Act 2002 (c. 26), references in this section to the Advocate General for Northern Ireland are to be read as references to the Attorney General for Northern Ireland.

The coming into force of that section does not affect any appointment of a person as a special advocate made by the Attorney General for Northern Ireland before that time.

Intercept evidence

69

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

Qualification of duty to give reasons

70

In paragraph 11 of Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (Treasury's duty to give reason why person is specified in freezing order), make the existing provision sub-paragraph (1) and after it insert—

(2) Sub-paragraph (1) does not apply if, or to the extent that, particulars of the reason would not be required to be disclosed to the applicant in proceedings to set aside the freezing order.

Supplementary provisions

Allocation of proceedings to Queen’s Bench Division

71

In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business allocated to the Queen's Bench Division), after sub-paragraph (ba) insert—

(bb) all financial restrictions proceedings within the meaning of Chapter 2 of Part 6 of the Counter-Terrorism Act 2008 (see section 65 of that Act);

Initial exercise of powers by Lord Chancellor

72

(1) The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by this Chapter—

(a) in relation to proceedings in England and Wales, or

(b) in relation to proceedings in Northern Ireland,

they may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(2) Before making rules of court under this section, the Lord Chancellor must consult—

(a) in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales;

(b) in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

The Lord Chancellor is not required to undertake any other consultation before making the rules.

(3) The requirements of subsection (2)(a) and (b) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(4) Rules of court made by the Lord Chancellor under this section—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease to have effect at the end of that period.

In reckoning the period of 40 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(5) If rules cease to have effect in accordance with subsection (4)—

(a) that does not affect anything previously done in reliance on the rules; and

(b) subsection (1) applies as if the rules had not been made.

(6) The following provisions do not apply to rules of court made by the Lord Chancellor under this section—

(a) section 3(6) of the Civil Procedure Act 1997 (c. 12) (Parliamentary procedure for civil procedure rules);

(b) section 56 of the Judicature (Northern Ireland) Act 1978 (c. 23) (statutory rules procedure).

Until section 85 of the Courts Act 2003 (c. 39) (process for making civil procedure rules) comes into force, in paragraph (a) above for “section 3(6)” substitute “ section 3(2) ”.

Interpretation

73

In this Chapter—

“financial restrictions proceedings” has the meaning given by section 65;

“rules of court” means rules for regulating the practice and procedure to be followed in the High Court or the Court of Appeal or in the Court of Session;

“special advocate” means a person appointed under section 68.

Part 7 — Miscellaneous

Inquiries

Inquiries: intercept evidence

74

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

Amendment of definition of “terrorism” etc

75

(1) In the provisions listed below (which define “terrorism”, or make similar provision, and require that the use or threat of action is made for the purpose of advancing a political, religious or ideological cause), after “religious” insert “ , racial ”.

(2) The provisions are—

(a) section 1(1)(c) of the Terrorism Act 2000 (c. 11),

(b) section 113A(2) of the Anti-terrorism, Crime and Security Act 2001 (c. 24),

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) Article 4(1)(c) of the Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002 (S.I. 2002/1822),

(f) Article 2(1)(a)(iii) of the Terrorism (United Nations Measures) (Overseas Territories) Order 2001 (S.I. 2001/3366),

(g) Article 3(1) of the Terrorism (United Nations Measures) (Isle of Man) Order 2001 (S.I. 2001/3364),

(h) Article 3(1) of the Terrorism (United Nations Measures) (Channel Islands) Order 2001 (S.I. 2001/3363).

Terrorist offences

Offences relating to information about members of armed forces etc

76

(1) After section 58 of the Terrorism Act 2000 (collection of information) insert—

(58A) (1) A person commits an offence who— (a) elicits or attempts to elicit information about an individual who is or has been— (i) a member of Her Majesty's forces, (ii) a member of any of the intelligence services, or (iii) a constable, which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or (b) publishes or communicates any such information. (2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action. (3) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both; (b) on summary conviction— (i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both. (4) In this section “the intelligence services” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)). (5) Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.

(2) In the application of section 58A in England and Wales in relation to an offence committed before 2 May 2022 the reference in subsection (3)(b)(i) to 12 months is to be read as a reference to 6 months.

(3) In section 118 of the Terrorism Act 2000 (c. 11) (defences), in subsection (5)(a) after “58,” insert “ 58A, ”.

(4) After Schedule 8 to the Terrorism Act 2000 insert the Schedule set out in Schedule 8 to this Act.

Terrorist property: disclosure of information about possible offences

77

(1) Part 3 of the Terrorism Act 2000 (terrorist property) is amended as follows.

(2) In section 19(1) (duty to disclose belief or suspicion that offence committed), in paragraph (b) for “comes to his attention in the course of a trade, profession, business or employment” substitute—

comes to his attention— (i) in the course of a trade, profession or business, or (ii) in the course of his employment (whether or not in the course of a trade, profession or business).

(3) After section 22 insert—

(22A) In sections 19 to 21B— (a) “employment” means any employment (whether paid or unpaid) and includes— (i) work under a contract for services or as an office-holder, (ii) work experience provided pursuant to a training course or programme or in the course of training for employment, and (iii) voluntary work; (b) “employer” has a corresponding meaning.

(4) So far as the amendment in subsection (3) above extends any provision of sections 19 to 21B of the Terrorism Act 2000 involving belief or suspicion to cases to which that provision did not previously apply, that provision applies where the belief or suspicion is held after subsection (3) above comes into force even if based on information that came to the person's attention before that subsection was in force.

In any such case sections 19(2), 21(3) and 21A(4) of that Act (duty to make disclosure as soon as is reasonably practicable) are to be read as requiring the person to act as soon as is reasonably practicable after subsection (3) above comes into force.

Control orders

Control orders: powers of entry and search

78

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

79

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

Time allowed for representations by controlled person

80

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

Application for anonymity for controlled person

81

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

Pre-charge detention of terrorist suspects

Pre-charge detention: minor amendments

82

(1) In paragraph 9 of Schedule 8 to the Terrorism Act 2000 (direction that detained person may consult solicitor only within sight and hearing of qualified officer), for sub-paragraph (3) (grounds on which direction may be given) substitute—

(3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing— (a) that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4), or (b) that the detained person has benefited from his criminal conduct and that, unless the direction is given, the exercise of the right by the detained person will hinder the recovery of the value of the property constituting the benefit.

(2) In paragraph 29(4) of that Schedule (meaning of “judicial authority”), in paragraphs (a) and (c) omit “after consulting the Lord Chancellor”.

Forfeiture of terrorist cash

Forfeiture of terrorist cash: determination of period for which cash may be detained

83

(1) Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (forfeiture of terrorist cash) is amended as follows.

(2) In paragraph 3 (detention of seized cash), after sub-paragraph (1) (which specifies the period for which cash seized may initially be detained) insert—

(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; (c) Good Friday; (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.

(3) In paragraphs 4(1) and 10(2) (which refer to the period specified in paragraph 3(1)), after “48 hours” insert “ (determined in accordance with paragraph 3(1A)) ”.

(4) The amendments in this section apply in relation to cash seized after this section comes into force.

Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

84

(1) In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist cash), for paragraph 7 (appeal against forfeiture) substitute—

(7) (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; (c) in Northern Ireland, to a county court. (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 cash. (7A) (1) This paragraph applies where— (a) a successful application for a forfeiture order relies (wholly or partly) on the fact that an organisation is proscribed, (b) an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State, (c) the forfeited cash is seized under this Schedule on or after the date of the refusal of that application, (d) an appeal against that refusal is allowed under section 5 of that Act, (e) a deproscription order is made accordingly, and (f) if the order is made in reliance on section 123(5) of that Act, a resolution is passed by each House of Parliament under section 123(5)(b). (2) Where this paragraph applies, an appeal under paragraph 7 above against the forfeiture order may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force. (3) In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.

(2) This amendment applies where the order or decision of the court or sheriff against which the appeal is brought is made or given after this section comes into force.

Costs of policing at gas facilities

Costs of policing at gas facilities: England and Wales

85

(1) This section applies where the Secretary of State considers—

(a) that the provision of extra police services at a gas facility in England or Wales is necessary because of a risk of loss of or disruption to the supply of gas connected with it, and

(b) that the loss or disruption would have a serious impact on the United Kingdom or any part of it.

(2) In this section “extra police services” means—

(a) the services of the Ministry of Defence Police provided under an agreement with the Secretary of State for Defence under section 2(2)(e) of the Ministry of Defence Police Act 1987 (c. 4),

(aa) the services of the Civil Nuclear Constabulary provided under section 55A of the Energy Act 2004, or

(b) special police services provided under section 25(1) of the Police Act 1996 (c. 16) at the Secretary of State's request.

(3) The Secretary of State may require a designated gas transporter who has an interest in the gas facility to pay all or part of the costs incurred by the Secretary of State in respect of the provision of extra police services in or around the facility.

(4) In this section “gas facility” means a facility used for the purposes of, or for purposes connected with, the transportation of gas from a gas shipper to a gas transporter or gas supplier.

(5) The reference in subsection (3) to a designated gas transporter having an interest in a gas facility includes the facility being used for, or for purposes connected with, the supply of gas to the transporter.

Costs of policing at gas facilities: Scotland

86

(1) This section applies where the Secretary of State considers—

(a) that the provision of extra police services at a gas facility in Scotland is necessary because of a risk of loss of or disruption to the supply of gas connected with it, and

(b) that the loss or disruption would have a serious impact on the United Kingdom or any part of it.

(2) In this section “extra police services” means—

(a) the services of the Ministry of Defence Police provided under an agreement with the Secretary of State for Defence under section 2(2)(e) of the Ministry of Defence Police Act 1987 (c. 4),

(aa) the services of the Civil Nuclear Constabulary provided under section 55A of the Energy Act 2004, or

(b) police services (within the meaning of section 86(9) of the Police and Fire Reform (Scotland) Act 2012) provided under an arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012 in respect of the gas facility entered into at the request of the Secretary of State by—

(i) the occupier of, or of part of, the facility, and

(ii) the chief constable of the Police Service of Scotland.

(3) The Secretary of State may require a designated gas transporter who has an interest in the gas facility to pay all or part of the costs incurred by the Secretary of State in respect of the provision of extra police services within subsection (2)(a) in or around the facility.

(4) The Secretary of State, if so requested by the occupier, must require a designated gas transporter who has an interest in the gas facility to pay the reasonable costs incurred by the occupier under any such arrangements as are mentioned in subsection (2)(b).

(5) In this section “gas facility” means a facility used for the purposes of, or for purposes connected with, the transportation of gas from a gas shipper to a gas transporter or gas supplier.

(6) References in this section to a designated gas transporter having an interest in a gas facility include the facility being used for, or for purposes connected with, the supply of gas to the transporter.

Designated gas transporters

87

(1) The Secretary of State may by order designate a person who is the holder of a licence under section 7 of the Gas Act 1986 (c. 44) (licensing of gas transporters) as a designated gas transporter for the purposes of sections 85 to 90.

(2) The order may provide for a person to be designated only in such capacity as may be specified in the order.

(3) An order under this section is subject to negative resolution procedure.

Costs of policing at gas facilities: recovery of costs

88

(1) The Secretary of State may determine—

(a) the amount of the costs to be paid by a designated gas transporter under section 85 or 86,

(b) the manner in which and the times at which those costs are to be paid, and

(2) An occupier who incurs costs under an arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012 that are required to be paid by a designated gas transporter under section 86 may recover them directly from the designated gas transporter.

(3) A designated gas transporter may, in determining its charges for conveying gas through pipes, take into account—

(a) any payments made by the designated gas transporter under section 85 or 86, and

(b) the reasonable costs incurred by it as party to an arrangement under section 86 of the Police and Fire Reform (Scotland) Act 2012 entered into at the Secretary of State's request.

This applies despite anything in the conditions of the designated gas transporter's licence under section 7 of the Gas Act 1986 (c. 44) that prevents the transporter from recovering such payments or costs.

(4) The Secretary of State may direct the Gas and Electricity Markets Authority (“the Authority”)—

(a) to treat the payments or costs as costs of a kind specified by the Secretary of State for the purposes of the determination by the designated gas transporter of the transporter's charges, or

(b) to allow the designated gas transporter to take into account payments made or costs incurred in or in relation to a period so specified in determining the transporter's charges for a period so specified.

(5) The Secretary of State must consult the designated gas transporter and the Authority before giving a direction under this section.

Costs of policing at gas facilities: supplementary provisions

89

(1) The Secretary of State must consult a designated gas transporter and the Authority—

(a) before the first time the Secretary of State requires the designated gas transporter to pay any costs under section 85 or 86,

(b) before the first time the Secretary of State requires the designated gas transporter to pay such costs in respect of a particular gas facility, and

(c) where extra police services were previously provided at a particular gas facility, before the first time the Secretary of State requires the designated gas transporter to pay such costs as the result of such services being provided on a subsequent occasion.

(2) The Secretary of State is not required—

(a) to take into account representations made after the end of the period of 28 days beginning with the day on which the person making the representations was consulted under subsection (1);

(b) to consult anyone else before requiring a designated gas transporter to pay costs under section 85 or 86.

(3) Sections 4AA to 4A of the Gas Act 1986 (c. 44) (principal objective and general duties of the Secretary of State and the Authority) do not apply in relation to anything done or omitted by the Secretary of State or the Authority in the exercise of functions under sections 85 to 89.

(4) Expressions used in those sections that are defined in Part 1 of the Gas Act 1986 have the same meaning as in that Part.

Application of provisions to costs incurred before commencement

90

Sections 85 to 89 apply in relation to costs incurred in the period—

(a) beginning with 16th January 2007, and

(b) ending with the day before those sections come into force,

as they apply in relation to costs incurred on or after that day.

Appointment of special advocates in Northern Ireland

91

(1) In the following provisions for “Attorney General for Northern Ireland”, wherever occurring, substitute “ Advocate General for Northern Ireland ”.

(2) The provisions are—

section 6(2)(c) of the Special Immigration Appeals Commission Act 1997 (c. 68) (appointment of special advocate in proceedings before the Special Immigration Appeals Commission);

rule 9(1) of the Northern Ireland Act Tribunal (Procedure) Rules 1999 (S.I. 1999/2131) (appointment of special advocate in proceedings before the tribunal appointed under section 91 of the Northern Ireland Act 1998 (c. 47));

paragraph 7(2)(c) of Schedule 3 to the Terrorism Act 2000 (c. 11) (appointment of special advocate in proceedings before the Proscribed Organisations Appeal Commission);

paragraph 6(2)(c) of Schedule 6 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (appointment of special advocate in proceedings before the Pathogens Access Appeal Commission).

(3) These amendments come into force when section 27 of the Justice (Northern Ireland) Act 2002 (c. 26) comes into force.

Part 8 — Supplementary provisions

General definitions

Meaning of “terrorism”

92

In this Act “terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 1 of that Act).

Meaning of offence having a “terrorist connection”

93

For the purposes of this Act an offence has a terrorist connection if the offence—

(a) is, or takes place in the course of, an act of terrorism, or

(b) is committed for the purposes of terrorism.

Meaning of “ancillary offence”

94

(1) In this Act “ancillary offence”, in relation to an offence, means any of the following—

(a) aiding, abetting, counselling or procuring the commission of the offence (or, in Scotland, being art and part in the commission of the offence);

(b) an offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to the offence (or, in Scotland, inciting a person to commit the offence);

(2) In subsection (1)(b) the reference to an offence under Part 2 of the Serious Crime Act 2007 includes, in relation to times before the commencement of that Part, an offence of incitement under the law of England and Wales or Northern Ireland.

Meaning of “service court” and “service offence”

95

(1) In this Act “service court” means the Court Martial, the Service Civilian Court or the Court Martial Appeal Court.

(2) Until the commencement of the relevant provisions of the Armed Forces Act 2006 (c. 52), the following is substituted for subsection (1)—

(1) In this Act “service court” means— (a) a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53); (b) the Courts-Martial Appeal Court; or (c) a Standing Civilian Court.

(3) In this Act “service offence” means an offence under—

(a) section 42 of the Armed Forces Act 2006,

(b) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(4) References in this Act to the “corresponding civil offence” in relation to a service offence are—

(a) in relation to an offence under section 42 of the Armed Forces Act 2006, to the corresponding offence under the law of England and Wales within the meaning of that section;

(b) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, to the corresponding civil offence within the meaning of that Act;

(c) in relation to an offence under section 42 of the Naval Discipline Act 1957, to the civil offence within the meaning of that section.

(5) Section 48 of the Armed Forces Act 2006 (c. 52) (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (4)(a) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

Orders and regulations

96

(1) Orders and regulations under this Act must be made by statutory instrument.

(2) Orders or regulations under this Act may—

(a) make different provision for different cases or circumstances,

(b) include supplementary, incidental and consequential provision, and

(3) Any provision that may be made by regulations under this Act may be made by order; and any provision that may be made by order under this Act may be made by regulations.

Orders and regulations: affirmative and negative resolution procedure

97

(1) Where orders or regulations under this Act are subject to “affirmative resolution procedure” the order or regulations must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(2) Where orders or regulations under this Act are subject to “negative resolution procedure” the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Provision that may be made by order or regulations under this Act for which no Parliamentary procedure is prescribed may be included in an instrument subject to negative or affirmative resolution procedure.

(4) Provision that may be made by order or regulations under this Act subject to negative resolution procedure may be included in an instrument subject to affirmative resolution procedure.

Financial provisions

98

(1) There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act, and

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

(2) There shall be paid into the Consolidated Fund—

(a) any sums received by the Secretary of State under this Act, and

(b) any increase attributable to this Act in the sums payable into that Fund under any other Act.

Repeals and revocations

99

The enactments specified in Schedule 9, which include enactments that are spent, are repealed or revoked to the extent specified.

Final provisions

Commencement

100

(1) The provisions of this Part, except section 99 and Schedule 9 (repeals and revocations), come into force on the day this Act is passed.

(2) Part 5 (terrorist financing and money laundering) and Part 6 (financial restrictions proceedings) come into force on the day after the day on which this Act is passed.

(3) Sections 85 to 90 (costs of policing at gas facilities) come into force at the end of the period of two months beginning with the day on which this Act is passed.

(4) Section 91 (appointment of special advocates in Northern Ireland) comes into force in accordance with subsection (3) of that section.

(5) The other provisions of this Act come into force on such day as may be appointed by order of the Secretary of State.

(6) The Secretary of State may by order make such transitional provision and savings as appears necessary or expedient in connection with the commencement of any provision of this Act.

Extent

101

(1) Except as otherwise provided—

(a) an amendment or repeal by this Act has the same extent as the enactment amended or repealed; and

(b) any other provisions of this Act—

(i) extend to the whole of the United Kingdom, and

(ii) do not extend to any country or territory outside the United Kingdom.

(2) Nothing in this section shall be read as restricting the application of any provision of this Act in relation to service courts or service offences.

Short title

102

The short title of this Act is the Counter-Terrorism Act 2008.

SCHEDULE 1

Anti-terrorism, Crime and Security Act 2001 (c. 24)

1

In section 19(2) of the Anti-terrorism, Crime and Security Act 2001 (disclosure of information held by revenue departments), omit paragraph (a).

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

2

(1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

(2) In regulation 45E (supply of record of anonymous entries to the security services), omit paragraphs (3) and (4).

(3) In regulation 102(6) (supply of full register: general restrictions on use), for “regulations 103 to 109” substitute “ regulations 103 to 108 or 109 ”.

(4) After regulation 108 insert—

(108A) (1) This regulation applies to— (a) the Security Service; (b) the Government Communications Headquarters; (c) the Secret Intelligence Service. (2) For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision is the whole of them.

(5) In regulation 109 (supply of full register etc to police force and other agencies and restrictions on use), omit—

(a) paragraph (1)(g) to (i);

(b) in paragraph (4)(a), the words preceding paragraph (i);

(6) In regulation 113 (sale of full register to government departments and other bodies)—

(a) in the closing words of paragraph (1), after “other than” insert “ a department to which regulation 108A applies or ”;

(b) in paragraph (3) for “regulation 109(1)(g) to (i),” substitute “ regulation 108A ”.

(7) In regulation 115(2) (offences) omit “45E(3),”.

(8) For regulation 118(8) (provision of copies of documents open to public inspection) substitute insert—

(8) The relevant registration officer shall, on request, supply free of charge copies of any documents open to public inspection— (a) to each of the departments mentioned in regulation 108A; (b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 109 applies.

(9) In regulation 119(3) for “regulation 118(8)” substitute “ regulation 118(8)(b) ”.

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

3

(1) The Representation of the People (Scotland) Regulations 2001 are amended as follows.

(2) In regulation 45D (supply of record of anonymous entries to the security services), omit paragraphs (3) and (4).

(3) In regulation 101(6) (supply of full register: general restrictions on use), for “regulations 102 to 108” substitute “ regulations 102 to 107 or 108 ”.

(4) After regulation 107 insert—

(107A) (1) This regulation applies to— (a) the Security Service; (b) the Government Communications Headquarters; (c) the Secret Intelligence Service. (2) For the purposes of regulation 101(1) above the relevant part of the documents listed in that provision is the whole of them.

(5) In regulation 108 (supply of full register etc to police force and other agencies and restrictions on use), omit—

(a) paragraph (1)(g) to (i);

(b) in paragraph (4)(a), the words preceding paragraph (i);

(6) In regulation 112 (sale of full register to government departments and other bodies)—

(a) in the closing words of paragraph (1), after “other than” insert “ a department to which regulation 107A applies or ”;

(b) in paragraph (3) for “regulation 108(1)(g) to (i),” substitute “ regulation 107A ”.

(7) In regulation 115(2) (offences) omit “45D(3),”.

(8) For regulation 118(8) (provision of copies of documents open to public inspection) substitute—

(8) The relevant registration officer shall, on request, supply free of charge copies of any documents open to public inspection— (a) to each of the departments mentioned in regulation 107A; (b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 108 applies.

(9) In regulation 119(3) for “regulation 118(8)” substitute “ regulation 118(8)(b) ”.

Immigration, Asylum and Nationality Act 2006 (c. 13)

4

In the Immigration, Asylum and Nationality Act 2006, omit section 38 (disclosure of information for security purposes).

Statistics and Registration Service Act 2007 (c. 18)

5

In the Statistics and Registration Service Act 2007, omit—

(a) section 39(4)(g) (permitted disclosure of personal information: disclosure to an Intelligence Service); and

(b) in section 67 (general interpretation), the definition of “Intelligence Service”.

SCHEDULE 2

Common law offences

Statutory offences

Ancillary offences

Any ancillary offence in relation to an offence specified in this Schedule.

SCHEDULE 3

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

1

In Article 5(3) of the Proceeds of Crime (Northern Ireland) Order 1996, after “section 23” insert “ or 23A ”.

Terrorism Act 2000 (c. 11)

2

In section 54 of the Terrorism Act 2000, omit subsections (7) to (9).

3

In section 58 of that Act, omit subsections (5) to (7).

4

In section 119(1) of that Act for “sections 15 to 23” substitute “ sections 15 to 23A ”.

5

(1) Schedule 4 to that Act is amended as follows.

(2) In paragraph 1—

(a) in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means— (a) an offence under any of sections 15 to 18, (b) an offence to which section 23A applies, or (c) in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered).

(3) In paragraph 2(1)(d) for “section 23(7)” substitute “ section 23B(1) ”.

(4) In paragraph 4(2)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(5) In paragraph 5(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(6) In paragraph 6(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(7) Omit the heading before paragraph 9.

(8) In paragraph 9(2)—

(a) in the opening words, for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b) in paragraphs (a), (b) and (c), for “an offence under any of those sections” substitute “ a relevant offence ”.

(9) In paragraph 10(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(10) In paragraph 12 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(11) In paragraph 15—

(a) in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means— (a) an offence under any of sections 15 to 18, (b) an offence to which section 23A applies, or (c) in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered).

(12) In paragraph 16(1)(c) and (4)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(13) In paragraph 18(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(14) In paragraph 19(3A)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(15) Omit the heading before paragraph 23.

(16) In paragraph 23(2)—

(a) in the opening words for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b) in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “ a relevant offence ”.

(17) In paragraph 24(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(18) In paragraph 26 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(19) In paragraph 29—

(a) in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means— (a) an offence under any of sections 15 to 18, or (b) an offence to which section 23A applies.

(20) In paragraph 30(1)(d) for “section 23(7)” substitute “ section 23B(1) ”.

(21) In paragraph 32(2)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(22) In paragraph 33(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(23) In paragraph 34(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(24) In paragraph 38(4), in the definition of “prosecutor” for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(25) Omit the heading before paragraph 39.

(26) In paragraph 39(2)—

(a) in the opening words for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b) in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “ a relevant offence ”.

(27) In paragraph 40(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(28) In paragraph 42 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(29) In paragraph 45, in paragraph (a) of the definition of “forfeiture order” after “section 23” insert “ or 23A ”.

6

In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c) and 34(2)(c) after “section 23” insert “ or 23A ”.

Proceeds of Crime Act 2002 (c. 29)

7

(1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 13(3)(d) after “section 23” insert “ or 23A ”.

(3) In section 82(e) after “section 23” insert “ , 23A ”.

(4) In section 97(3)(d) after “section 23” insert “ or 23A ”.

(5) In section 148(e) after “section 23” insert “ , 23A ”.

(6) In section 163(3)(d) after “section 23” insert “ or 23A ”.

(7) In section 230(e) after “section 23” insert “ , 23A ”.

SCHEDULE 4

Introductory

1

A “notification order” is an order applying the notification requirements of this Part to a person who has been dealt with outside the United Kingdom in respect of a corresponding foreign offence.

Corresponding foreign offences

2

(1) A “corresponding foreign offence” means an act that—

(a) constituted an offence under the law in force in a country outside the United Kingdom, and

(b) corresponds to an offence to which this Part applies.

(2) For this purpose an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.

(3) An act corresponds to an offence to which this Part applies if—

(a) it would have constituted an offence to which this Part applies by virtue of section 41 if it had been done in any part of the United Kingdom, or

(b) it was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.

(4) On an application for a notification order the condition in sub-paragraph (3)(a) or (b) is to be taken to be met unless—

(a) the defendant serves on the applicant, not later than rules of court may provide, a notice—

(i) stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,

(ii) showing the defendant's grounds for that opinion, and

(iii) requiring the applicant to prove that the condition is met; or

(b) the court permits the defendant to require the applicant to prove that the condition is met without service of such a notice.

(5) In the application of this paragraph in Scotland, for “defendant” substitute “respondent”.

Conditions for making a notification order

3

(1) The conditions for making a notification order in respect of a person are as follows.

(2) The first condition is that under the law in force in a country outside the United Kingdom—

(a) the person has been convicted of a corresponding foreign offence and has received in respect of the offence a sentence equivalent to a sentence mentioned in section 45(1)(a), (2)(a) or (3)(a), or

(b) a court exercising jurisdiction under that law has, in respect of a corresponding foreign offence—

(i) convicted the person or made a finding in relation to the person equivalent to a finding mentioned in section 45(1)(b)(ii) or (iii), (2)(b)(ii) or (iii) or (3)(b)(ii) or (iii) (finding of insanity or disability), and

(ii) made the person subject to an order equivalent to a hospital order.

(3) This condition is not met if there was a flagrant denial of the person's right to a fair trial.

(4) The second condition is that—

(a) the sentence was imposed or order made after the commencement of this Part, or

(b) the sentence was imposed or order made before the commencement of this Part and immediately before that time the person—

(i) was imprisoned or detained in pursuance of the sentence or order,

(ii) would have been so imprisoned or detained but for being unlawfully at large or otherwise unlawfully absent, lawfully absent on a temporary basis or on bail pending an appeal, or

(iii) had been released on licence, or was subject to an equivalent form of supervision, having served the whole or part of a sentence of imprisonment for the offence.

(5) The third condition is that the period for which the notification requirements would apply in respect of the offence (in accordance with section 53 as modified by paragraph 8(e)) has not expired.

(6) If on an application for a notification order it is proved that the conditions in sub-paragraphs (2), (4) and (5) are met, the court must make the order.

Application for notification order

4

(1) In England and Wales an application for a notification order in respect of a person may only be made by a chief officer of police.

(2) An application may only be made if—

(a) the person resides in the chief officer's police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(3) The application must be made to the High Court.

5

(1) In Scotland an application for a notification order in respect of a person may only be made by the chief constable of the Police Service of Scotland .

(2) An application may only be made if—

(a) the person resides in Scotland , or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland .

(3) The application must be made to the Court of Session.

6

(1) In Northern Ireland an application for a notification order in respect of a person may only be made by the Chief Constable of the Police Service of Northern Ireland.

(2) An application may only be made if—

(a) the person resides in Northern Ireland, or

(b) the Chief Constable believes that the person is in, or is intending to come to, Northern Ireland.

(3) The application must be made to the High Court.

Effect of notification order

7

The effect of a notification order is that the notification requirements of this Part apply to the person in respect of whom it is made.

Adaptation of provisions of this Part in relation to foreign proceedings

8

The provisions of this Part have effect with the following adaptations in relation to foreign proceedings and cases where the notification requirements apply because a notification order has been made—

(a) in section 61(1) (references to dealing with an offence) for “being sentenced, or made subject to a hospital order” substitute “being made subject by the foreign court to a sentence or order within paragraph 3(2)(a) or (b) of Schedule 4”;

(b) in section 61(2) (references to time when person dealt with for an offence) for paragraphs (a) to (c) substitute “by the foreign court of first instance”;

(c) for the purposes of section 47 (initial notification) the period within which notification is to be made begins with the date of service of the notification order;

(d) in section 51 (meaning of “local police area”) the reference in subsection (1)(c) to the court of trial shall be read as a reference to the court by which the notification order was made;

(e) in section 53 (period for which notification requirements apply) a reference to a sentence or order of any description is to be read as a reference to an equivalent sentence or order of the foreign court.

SCHEDULE 5

Introductory

1

A foreign travel restriction order is an order prohibiting the person to whom it applies from doing whichever of the following is specified in the order—

(a) travelling to a country outside the United Kingdom named or described in the order;

(b) travelling to any country outside the United Kingdom other than a country named or described in the order;

Conditions for making a foreign travel restriction order

2

(1) The conditions for making a foreign travel restriction order in respect of a person are as follows.

(2) The first condition is that the notification requirements apply to the person.

(3) The second condition is that the person's behaviour since the person was dealt with for the offence by virtue of which those requirements apply makes it necessary for a foreign travel restriction order to be made to prevent the person from taking part in terrorism activity outside the United Kingdom.

(4) If the person was dealt with for the offence before the commencement of this Part, the condition in sub-paragraph (3) is not met unless the person has acted in that way since the commencement of this Part.

(5) If on an application for a foreign travel restriction order the court is satisfied that the conditions in sub-paragraphs (2) and (3) are met, it may make a foreign travel restriction order.

Application for foreign travel restriction order

3

(1) In England and Wales an application for a foreign travel restriction order in respect of a person may only be made by a chief officer of police.

(2) An application may only be made if—

(a) the person resides in the chief officer's police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(3) The application must be made by complaint to a magistrates' court whose commission area includes any part of the chief officer's police area.

4

(1) In Scotland an application for a foreign travel restriction order in respect of a person may only be made by the chief constable of the Police Service of Scotland .

(2) An application may only be made if—

(a) the person resides in Scotland , or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland .

(3) The application must be made by summary application ....

(4) A record of evidence is to be kept on any such summary application.

(5) Where the sheriff makes a foreign travel restriction order, the clerk of the court must give a copy of the order to the respondent or send a copy to the respondent by registered post or the recorded delivery service.

(6) An acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

5

(1) In Northern Ireland an application for a foreign travel restriction order in respect of a person may only be made by the Chief Constable of the Police Service of Northern Ireland.

(2) An application may only be made if—

(a) the person resides in Northern Ireland, or

(b) the Chief Constable believes that the person is in, or is intending to come to, Northern Ireland.

(3) The application must be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.

Provisions of a foreign travel restriction order

6

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Counter-Terrorism Act 2008

Meaning of “local police area”

51

Travel outside the United Kingdom

52

Period for which notification requirements apply

Period for which notification requirements apply

53

Offences in relation to notification

Offences relating to notification

54

Effect of absence abroad

55

Notification on return after absence from UK

56

Supplementary provisions

Notification orders

57

Foreign travel restriction orders

58

Application of Part to service offences and related matters

59

Minor definitions for Part 4

60

References to a person being “dealt with” for an offence

61

Part 5 — Terrorist financing and money laundering

Terrorist financing and money laundering

62

Part 6 — Financial restrictions proceedings

Chapter 1 — Application to set aside financial restrictions decision

Application to set aside financial restrictions decision

63

UN terrorism orders

64

Chapter 2 — Financial restrictions proceedings

Introductory

Financial restrictions proceedings

65

Rules of court, disclosure and related matters

General provisions about rules of court

66

Rules of court about disclosure

67

Appointment of special advocate

68

Intercept evidence

69

Qualification of duty to give reasons

70

Supplementary provisions

Allocation of proceedings to Queen’s Bench Division

71

Initial exercise of powers by Lord Chancellor

72

Interpretation

73

Part 7 — Miscellaneous

Inquiries

Inquiries: intercept evidence

74

Amendment of definition of “terrorism” etc

Amendment of definition of “terrorism” etc

75

Terrorist offences

Offences relating to information about members of armed forces etc

76

Terrorist property: disclosure of information about possible offences

77

Control orders

Control orders: powers of entry and search

78

Control orders: meaning of involvement in terrorism-related activity

79

Time allowed for representations by controlled person

80

Application for anonymity for controlled person

81

Pre-charge detention of terrorist suspects

Pre-charge detention: minor amendments