Counter-Terrorism and Security Bill (HL Bill 75)

Counter-Terrorism and Security BillPage 10

(b) to comply with any reasonable directions given by the
Secretary of State that relate to matters about which the
individual is required to attend an appointment.

(2) A requirement under sub-paragraph (1)(a) is a requirement to attend
5appointments—

(a) at specified times and places, or

(b) at times and places notified to the individual by persons
referred to in that sub-paragraph.

16 TPIMs: miscellaneous amendments

(1) 10In section 3 of the Terrorism Prevention and Investigation Measures Act 2011
(conditions A to E), in subsection (1), for “reasonably believes” substitute “is
satisfied, on the balance of probabilities,”.

(2) In section 4 of that Act (involvement in terrorism-related activity), in
subsection (1)(d), for “paragraphs (a) to (c)” substitute “paragraph (a)”.

15Part 3 Data retention

17 Retention of relevant internet data

(1) Section 2(1) of the Data Retention and Investigatory Powers Act 2014
(temporary provision about the retention of relevant communications data
20subject to safeguards: definitions) is amended as follows.

(2) In the definition of “relevant communications data”—

(a) for “means communications data” substitute means—

(a) communications data;

(b) after “Regulations” insert “, or

(b) 25relevant internet data not falling within paragraph (a),;

(c) the words from “so far as” to the end of the definition become full-out
words beneath the new paragraphs (a) and (b).

(3) After the definition of “relevant communications data” insert—

  • “relevant internet data” means communications data which—

    (a)

    30relates to an internet access service or an internet
    communications service,

    (b)

    may be used to identify, or assist in identifying, which
    internet protocol address, or other identifier, belongs to
    the sender or recipient of a communication (whether or
    35not a person), and

    (c)

    is not data which—

    (i)

    may be used to identify an internet
    communications service to which a
    communication is transmitted through an
    40internet access service for the purpose of
    obtaining access to, or running, a computer file
    or computer program, and

    (ii)

    is generated or processed by a public
    telecommunications operator in the process of

    Counter-Terrorism and Security BillPage 11

    supplying the internet access service to the
    sender of the communication (whether or not a
    person);.

(4) In addition—

(a) 5before the definition of “communications data” insert—

  • “communication” has the meaning given by section 81(1)
    of the Regulation of Investigatory Powers Act 2000 so
    far as that meaning applies in relation to
    telecommunications services and telecommunication
    10systems;;

(b) after the definition of “functions” insert—

  • “identifier” means an identifier used to facilitate the
    transmission of a communication;;

(c) after the definition of “notice” insert—

  • 15“person” includes an organisation and any association or
    combination of persons;.

(5) Subsections (1) to (4) are repealed on 31 December 2016.

Part 4 Aviation, shipping and rail

18 20Authority-to-carry schemes

(1) The Secretary of State may make one or more schemes requiring a person (a
“carrier”) to seek authority from the Secretary of State to carry persons on
aircraft, ships or trains which are—

(a) arriving, or expected to arrive, in the United Kingdom, or

(b) 25leaving, or expected to leave, the United Kingdom.

A scheme made under this section is called an “authority-to-carry scheme”.

(2) An authority-to-carry scheme must specify or describe—

(a) the classes of carrier to which it applies (which may be all carriers or
may be defined by reference to the method of transport or otherwise),

(b) 30the classes of passengers or crew in respect of whom authority to carry
must be sought (which may be all of them or may be defined by
reference to nationality, the possession of specified documents or
otherwise), and

(c) the classes of passengers or crew in respect of whom authority to carry
35may be refused.

(3) An authority-to-carry scheme may specify or describe a class of person under
subsection (2)(c) only if it is necessary in the public interest.

(4) The Secretary of State may make different authority-to-carry schemes for
different purposes and in particular may make different schemes for different
40types of carrier, journey or person.

(5) An authority-to-carry scheme must set out the process for carriers to request,
and for the Secretary of State to grant or refuse, authority to carry, which may
include—

(a) a requirement for carriers to provide specified information on
45passengers or crew by a specified time before travel;

Counter-Terrorism and Security BillPage 12

(b) a requirement for carriers to provide the information in a specified
manner and form;

(c) a requirement for carriers to be able to receive, in a specified manner
and form, communications from the Secretary of State relating to the
5information provided or granting or refusing authority to carry.

(6) Information specified under subsection (5)(a) may be information that can be
required to be supplied under paragraph 27, 27B or 27BA of Schedule 2 to the
Immigration Act 1971, section 32 or 32A of the Immigration, Asylum and
Nationality Act 2006 or otherwise.

(7) 10The grant or refusal of authority under an authority-to-carry scheme does not
determine whether a person is entitled or permitted to enter the United
Kingdom.

(8) So far as it applies in relation to Scotland, an authority-to-carry scheme may be
made only for purposes that are, or relate to, reserved matters (within the
15meaning of the Scotland Act 1998).

(9) So far as it applies in relation to Northern Ireland, an authority-to-carry scheme
may be made only for purposes that are, or relate to, excepted or reserved
matters (within the meaning of the Northern Ireland Act 1998).

(10) In the Nationality, Immigration and Asylum Act 2002 omit section 124
20(authority to carry).

19 Penalty for breach of authority-to-carry scheme

(1) The Secretary of State may make regulations imposing penalties for breaching
the requirements of an authority-to-carry scheme.

(2) Regulations under subsection (1)

(a) 25must identify the authority-to-carry scheme to which they refer, and

(b) may not be laid unless the Secretary of State has laid the authority-to-
carry scheme before Parliament.

(3) Regulations under subsection (1) may in particular make provision—

(a) about how a penalty is to be calculated;

(b) 30about the procedure for imposing a penalty;

(c) about the enforcement of penalties;

(d) allowing for an appeal against a decision to impose a penalty;

and the regulations may make different provision for different purposes.

(4) Provision in the regulations about the procedure for imposing a penalty must
35provide for a carrier to be given an opportunity to object to a proposed penalty
in the circumstances set out in the regulations.

(5) The regulations must provide that no penalty may be imposed on a carrier for
breaching the requirements of an authority-to-carry scheme where—

(a) the breach consists of a failure to provide information that the carrier
40has also been required to provide under paragraph 27, 27B or 27BA of
Schedule 2 to the Immigration Act 1971 and—

(i) a penalty has been imposed on the person in respect of a failure
to provide that information by virtue of regulations made under
paragraph 27BB of Schedule 2 to that Act, or

Counter-Terrorism and Security BillPage 13

(ii) proceedings have been instituted against the carrier under
section 27 of that Act in respect of a failure to provide that
information, or

(b) the breach consists of a failure to provide information that the carrier
5has also been required to provide under section 32 or 32A of the
Immigration, Asylum and Nationality Act 2006 and—

(i) a penalty has been imposed on the person in respect of a failure
to provide that information by virtue of regulations made under
section 32B of that Act, or

(ii) 10proceedings have been instituted against the carrier under
section 34 of that Act in respect of a failure to provide that
information.

(6) Any penalty paid by virtue of this section must be paid into the Consolidated
Fund.

(7) 15Regulations under this section are to be made by statutory instrument; and any
such statutory instrument may not be made unless a draft of the instrument
has been laid before each House of Parliament and approved by a resolution of
each House.

20 Aviation, maritime and rail security

(1) 20Schedule 2 makes amendments to do with aviation, maritime and rail security.

(2) Part 1 of that Schedule makes amendments about passenger, crew and service
information in relation to aircraft and ships.

(3) Part 2 of that Schedule makes amendments of the provisions relating to
directions etc in—

(a) 25the Aviation Security Act 1982,

(b) the Aviation and Maritime Security Act 1990, and

(c) the Channel Tunnel (Security) Order 1994 (S.I. 1994/570S.I. 1994/570).

Part 5 Risk of being drawn into terrorism

CHAPTER 1 30Preventing people being drawn into terrorism

21 General duty on specified authorities

(1) A specified authority must, in the exercise of its functions, have due regard to
the need to prevent people from being drawn into terrorism.

(2) A specified authority is a person or body that is listed in Schedule 3.

(3) 35In the case of a specified authority listed in Schedule 3 in terms that refer to a
particular capacity that it has, the reference in subsection (1) to the authority’s
functions is to its functions when acting in that capacity.

(4) Subsection (1) does not apply to the exercise of—

(a) a judicial function;

Counter-Terrorism and Security BillPage 14

(b) a function exercised on behalf of, or on the instructions of, a person
exercising a judicial function;

(c) a function in connection with proceedings in the House of Commons or
the House of Lords;

(d) 5a function in connection with proceedings in the Scottish Parliament;

(e) a function in connection with proceedings in the National Assembly for
Wales.

(5) References to a judicial function include a reference to a judicial function
conferred on a person other than a court or tribunal.

22 10Power to specify authorities

(1) The Secretary of State may by regulations made by statutory instrument
amend Schedule 3.

(2) The power under subsection (1) may not be exercised so as to extend the
application of section 21(1) to—

(a) 15the exercise of a function referred to in section 21(4);

(b) the House of Commons;

(c) the House of Lords;

(d) the Scottish Parliament;

(e) the National Assembly for Wales or the Assembly Commission within
20the meaning of the Government of Wales Act 2006;

(f) the General Synod of the Church of England;

(g) the Security Service;

(h) the Secret Intelligence Service;

(i) the Government Communications Headquarters;

(j) 25any part of Her Majesty’s forces, or of the Ministry of Defence, which
engages in intelligence activities.

(3) Regulations under this section may amend this Chapter so as to make
consequential or supplemental provision.

(4) A statutory instrument containing regulations under this section may not be
30made unless a draft of the instrument has been laid before each House of
Parliament and approved by a resolution of each House.

(5) Subsection (4) does not apply to a statutory instrument containing regulations
that only make provision for—

(a) the omission of an entry where the authority concerned has ceased to
35exist, or

(b) the variation of an entry in consequence of a change of name or transfer
of functions.

(6) A statutory instrument that falls within subsection (5) is subject to annulment
in pursuance of a resolution of either House of Parliament.

23 40Power to specify authorities: Welsh and Scottish authorities

(1) The Secretary of State must consult the Welsh Ministers before making
regulations under section 22(1) that—

(a) add a Welsh authority to Schedule 3, or

(b) amend or remove an entry that relates to a Welsh authority.

Counter-Terrorism and Security BillPage 15

(2) The Secretary of State must consult the Scottish Ministers before making
regulations under section 22(1) that—

(a) add a Scottish authority to Schedule 3, or

(b) amend or remove an entry that relates to a Scottish authority.

24 5Power to issue guidance

(1) The Secretary of State may issue guidance to specified authorities about the
exercise of their duty under section 21(1).

(2) A specified authority must have regard to any such guidance in carrying out
that duty.

(3) 10The Secretary of State—

(a) may issue separate guidance in relation to different matters;

(b) may issue guidance to all specified authorities, to particular specified
authorities or to specified authorities of a particular description.

(4) Before issuing guidance under subsection (1) the Secretary of State must
15(whether before or after this Act is passed) consult—

(a) the Welsh Ministers so far as the guidance relates to the devolved
Welsh functions of a Welsh authority;

(b) the Scottish Ministers so far as the guidance relates to the devolved
Scottish functions of a Scottish authority;

(c) 20any person whom the Secretary of State considers appropriate.

(5) The Secretary of State may from time to time revise any guidance issued under
this section.

(6) Subsections (2) and (3) have effect in relation to any revised guidance.

(7) Subsection (4) has effect in relation to any revised guidance unless the
25Secretary of State considers that the proposed revisions to the guidance are
insubstantial.

(8) The Secretary of State must publish the current version of any guidance issued
under this section.

25 Power to give directions

(1) 30Where the Secretary of State is satisfied that a specified authority has failed to
discharge the duty imposed on it by section 21(1), the Secretary of State may
give directions to the authority for the purpose of enforcing the performance of
that duty.

(2) A direction given under this section may be enforced, on an application made
35on behalf of the Secretary of State, by a mandatory order.

(3) The Secretary of State must consult the Welsh Ministers before giving
directions under subsection (1) so far as relating to the devolved Welsh
functions of a Welsh authority.

(4) The Secretary of State must consult the Scottish Ministers before giving
40directions under subsection (1) so far as relating to the devolved Scottish
functions of a Scottish authority.

Counter-Terrorism and Security BillPage 16

26 Enforcement

A failure in respect of a performance of a duty imposed by or under this
Chapter does not confer a cause of action at private law.

27 Chapter 1: interpretation

(1) 5This section applies for the purposes of this Chapter.

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

(3) “Welsh authority” means a person or body that has any function which—

(a) is exercisable in or as regards Wales, and

(b) 10is a devolved Welsh function.

(4) A function is a “devolved Welsh function” if it relates to—

(a) a matter in respect of which functions are exercisable by the Welsh
Ministers, the First Minister for Wales or the Counsel General to the
Welsh Assembly Government, or

(b) 15a matter within the legislative competence of the National Assembly for
Wales.

(5) “Scottish authority” means a person or body that has any devolved Scottish
function.

(6) A function is a “devolved Scottish function” if—

(a) 20it is exercisable in or as regards Scotland, and

(b) it does not relate to reserved matters (within the meaning of the
Scotland Act 1998).

CHAPTER 2 Support etc for people vulnerable to being drawn into terrorism

28 Assessment and support: local panels

(1) 25Each local authority must ensure that a panel of persons is in place for its
area—

(a) with the function of assessing the extent to which identified individuals
are vulnerable to being drawn into terrorism, and

(b) with the other functions mentioned in subsection (4).

(2) 30“Identified individual”, in relation to a panel, means an individual who is
referred to the panel by a chief officer of police for an assessment of the kind
mentioned in subsection (1)(a).

(3) A chief officer of police may refer an individual to a panel only if there are
reasonable grounds to believe that the individual is vulnerable to being drawn
35into terrorism.

(4) The functions of a panel referred to in subsection (1)(b) are—

(a) to prepare a plan in respect of identified individuals whom the panel
considers should be offered support for the purpose of reducing their
vulnerability to being drawn into terrorism;

Counter-Terrorism and Security BillPage 17

(b) if the necessary consent is given, to make arrangements for support to
be provided to those individuals in accordance with their support plan;

(c) to keep under review the giving of support to an identified individual
under a support plan;

(d) 5to revise a support plan, or withdraw support under a plan, if at any
time the panel considers it appropriate;

(e) to carry out further assessments, after such periods as the panel
considers appropriate, of an individual’s vulnerability to being drawn
into terrorism in cases where—

(i) 10the necessary consent is refused or withdrawn to the giving of
support under a support plan, or

(ii) the panel has determined that support under a plan should be
withdrawn;

(f) to prepare a further support plan in such cases if the panel considers it
15appropriate.

(5) A support plan must include the following information—

(a) how, when and by whom a request for the necessary consent is to be
made;

(b) the nature of the support to be provided to the identified individual;

(c) 20the persons who are to be responsible for providing it;

(d) how and when such support is to be provided.

(6) Where in the carrying out of its functions under this section a panel determines
that support should not be given to an individual under a support plan, the
panel—

(a) 25must consider whether the individual ought to be referred to a provider
of any health or social care services, and

(b) if so, must make such arrangements as the panel considers appropriate
for the purpose of referring the individual.

(7) In exercising its functions under this section a panel must have regard to any
30guidance given by the Secretary of State about the exercise of those functions.

(8) Before issuing guidance under subsection (7) the Secretary of State must
(whether before or after this Act is passed) consult—

(a) the Welsh Ministers so far as the guidance relates to panels in Wales;

(b) the Scottish Ministers so far as the guidance relates to panels in
35Scotland;

(c) any person whom the Secretary of State considers appropriate.

29 Membership and proceedings of panels

(1) The members of a panel must include—

(a) the responsible local authority;

(b) 40the chief officer of police for a police area the whole or any part of which
is in the area of that authority.

(2) Each of those members must appoint a person to represent them on the panel;
and the representative must be a person whom the member concerned
considers to have the required skills and experience.

(3) 45Where more than one chief officer of police comes within subsection (1)(b), a
person may represent more than one of the chief officers; but at any meeting of

Counter-Terrorism and Security BillPage 18

the panel at which an identified individual is to be discussed there must be a
person present from the police force for the area in which the individual
resides to act as the representative.

(4) A panel may also include such other persons as the responsible local authority
5considers appropriate (whether generally or in the case of a particular
identified individual).

(5) The chair of a panel is the responsible local authority; but where more than one
local authority is the responsible local authority, the authorities may determine
that one (or more) of them is to be the chair.

(6) 10If a panel cannot reach a unanimous decision on a question arising before it, the
question must be decided—

(a) according to the opinion of the majority of the panel, or

(b) if there is no majority opinion, by the chair.

(7) Subject to subsection (6), a panel may determine its own procedure.

30 15Co-operation

(1) The partners of a panel must, so far as appropriate and reasonably practicable,
act in co-operation with—

(a) the panel in the carrying out of its functions;

(b) the police in the carrying out of their functions in connection with
20section 28.

(2) The partners of a panel are the persons and bodies specified in Schedule 4.

(3) The duty of a partner of a panel to act in co-operation with the panel—

(a) includes the giving of information (subject to subsection (4));

(b) extends only so far as the co-operation is compatible with the exercise
25of the partner’s functions under any other enactment or rule of law.

(4) Nothing in this section requires or authorises the making of—

(a) a disclosure that would contravene the Data Protection Act 1998;

(b) a disclosure of any sensitive information.

(5) “Sensitive information” means information—

(a) 30held by an intelligence service,

(b) obtained (directly or indirectly) from, or held on behalf of, an
intelligence service,

(c) derived in whole or part from information obtained (directly or
indirectly) from, or held on behalf of, an intelligence service, or

(d) 35relating to an intelligence service.

(6) In carrying out the duty imposed by subsection (1), partners of a panel must
have regard to any guidance given by the Secretary of State about the carrying
out of that duty.

(7) Before issuing guidance under subsection (6) the Secretary of State must
40(whether before or after this Act is passed) consult—

(a) the Welsh Ministers so far as the guidance relates to panels in Wales;

(b) the Scottish Ministers so far as the guidance relates to panels in
Scotland;

(c) any person whom the Secretary of State considers appropriate.

Counter-Terrorism and Security BillPage 19

(8) The reference in subsection (1)(b) to functions of the police in connection with
section 28 includes, in particular, a chief officer’s function of determining
whether an individual should be referred to a panel for the carrying out of an
assessment of the kind mentioned in subsection (1)(a) of that section.

31 5Power to amend Chapter 2

(1) The Secretary of State may by regulations made by statutory instrument
amend—

(a) the definition of “local authority” in section 33;

(b) Schedule 4.

(2) 10The Secretary of State must consult the Welsh Ministers before making
regulations under subsection (1) that—

(a) add a Welsh authority to Schedule 4, or

(b) amend or remove an entry in that Schedule relating to a Welsh
authority.

(3) 15The Secretary of State must consult the Scottish Ministers before making
regulations under subsection (1) that—

(a) add a description of authority in Scotland to the definition of “local
authority”,

(b) add a Scottish authority to Schedule 4, or

(c) 20amend or remove an entry in that Schedule relating to a Scottish
authority.

(4) Regulations under this section may amend this Chapter so as to make
consequential or supplemental provision.

(5) A statutory instrument containing regulations under this section may not be
25made unless a draft of the instrument has been laid before each House of
Parliament and approved by a resolution of each House.

(6) Subsection (5) does not apply to a statutory instrument containing regulations
that only make provision for—

(a) the omission of an entry in Schedule 4 where the body concerned has
30ceased to exist, or

(b) the variation of an entry in consequence of a change of name or transfer
of functions.

(7) A statutory instrument that falls within subsection (6) is subject to annulment
in pursuance of a resolution of either House of Parliament.

(8) 35In this section, “Welsh authority” and “Scottish authority” have the same
meaning as in Chapter 1.

32 Indemnification

(1) The Secretary of State may agree to indemnify a support provider against any
costs and expenses that the provider reasonably incurs in connection with any
40decision or action taken by the provider in good faith in carrying out functions
as a provider.

(2) The agreement may be made in whatever manner, and on whatever terms, the
Secretary of State considers appropriate.