Terrorism Bill - continued        House of Lords
PART VIII, GENERAL - continued

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Evidence.     120. - (1) A document which purports to be-
 
 
    (a) a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act, and
 
    (b) signed by him or on his behalf,
       shall be received in evidence and shall, until the contrary is proved, be deemed to have been given or made by the Secretary of State.
 
      (2) A document bearing a certificate which-
 
 
    (a) purports to be signed by or on behalf of the Secretary of State, and
 
    (b) states that the document is a true copy of a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act,
       shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings.
 
      (3) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.
 
      (4) The Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him.
 
Interpretation.     121. In this Act-
 
 
    "act" and "action" include omission,
 
    "article" includes substance and any other thing,
 
    "customs officer" means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979,
 
    "dwelling" means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling,
 
    "explosive" means-
 
      (a) an article or substance manufactured for the purpose of producing a practical effect by explosion,
 
      (b) materials for making an article or substance within paragraph (a),
 
      (c) anything used or intended to be used for causing or assisting in causing an explosion, and
 
      (d) a part of anything within paragraph (a) or (c),
 
    "firearm" includes an air gun or air pistol,
 
    "immigration officer" means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971,
 
    "the Islands" means the Channel Islands and the Isle of Man,
 
    "organisation" includes any association or combination of persons,
 
    "premises" includes any place and in particular includes-
 
      (a) a vehicle,
 
      (b) an offshore installation within the meaning given in section 44 of the Petroleum Act 1998, and
 
      (c) a tent or moveable structure,
 
    "property" includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property,
 
    "public place" means a place to which members of the public have or are permitted to have access, whether or not for payment,
 
    "road" has the same meaning as in the Road Traffic Act 1988 (in relation to England and Wales), the Roads (Scotland) Act 1984 (in relation to Scotland) and the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland), and includes part of a road, and
 
    "vehicle", except in sections 48 to 52 and Schedule 7, includes an aircraft, hovercraft, train or vessel.
Index of defined expressions.     122. In this Act the expressions listed below are defined by the provisions specified.
 
 
 
Expression
 
Interpretation provision
 
Act
 
Section 121
 
Action
 
Section 121
 
Action taken for the purposes of terrorism
 
Section 1(3)
 
Article
 
Section 121
 
Authorised officer
 
Section 24(1)
 
Cash
 
Section 24(2)
 
Cordoned area
 
Section 33
 
Customs officer
 
Section 121
 
Dwelling
 
Section 121
 
Examining officer
 
Schedule 7, paragraph 1
 
Explosive
 
Section 121
 
Firearm
 
Section 121
 
Immigration officer
 
Section 121
 
The Islands
 
Section 121
 
Organisation
 
Section 121
 
Premises
 
Section 121
 
Property
 
Section 121
 
Proscribed organisation
 
Section 3(1)
 
Public place
 
Section 121
 
Road
 
Section 121
 
Scheduled offence (in Part VII)
 
Section 65
 
Terrorism
 
Section 1
 
Terrorist (in Part V)
 
Section 40
 
Terrorist investigation
 
Section 32
 
Terrorist property
 
Section 14
 
Vehicle
 
Section 121
 
Vehicle (in sections 48 to 51)
 
Section 52
Orders and regulations.     123. - (1) An order or regulations made by the Secretary of State under this Act-
 
 
    (a) shall be made by statutory instrument,
 
    (b) may contain savings and transitional provisions, and
 
    (c) may make different provision for different purposes.
      (2) Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament-
 
 
    (a) section 4(3);
 
    (b) section 24(2)(e);
 
    (c) section 72;
 
    (d) section 79(5);
 
    (e) section 80(9);
 
    (f) section 97(1) or (3);
 
    (g) section 100(1)(b);
 
    (h) section 119(1) or (2);
 
    (i) paragraph 52(1)(a) or (b) of Schedule 4;
 
    (j) paragraph 17(4) of Schedule 7;
 
    (k) paragraph 3(1)(b) of Schedule 8;
 
    (l) paragraph 19 of Schedule 8.
      (3) In the cases of-
 
 
    (a) the first order to be made under paragraph 17(4) of Schedule 7, and
 
    (b) the first order to be made under paragraph 19 of Schedule 8,
       the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).
 
      (4) An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament-
 
 
    (a) section 3(3);
 
    (b) section 53(2);
 
    (c) section 65(3);
 
    (d) section 96;
 
    (e) section 101(4);
 
    (f) section 112(2);
 
    (g) paragraph 1(2)(b) of Schedule 1;
 
    (h) paragraph 6(2) or 7(3) of Schedule 6;
 
    (i) paragraph 16 of Schedule 7;
 
    (j) paragraph 3(2) of Schedule 8;
 
    (k) paragraph 4(4) of Schedule 8;
 
    (l) paragraph 4(1)(e) of Schedule 14;
 
    (m) paragraph 7(3) of Schedule 14.
      (5) An order or regulations under a provision mentioned in subsection (4), except for paragraph (b), may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order-
 
 
    (a) shall contain a declaration of the Secretary of State's opinion, and
 
    (b) shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
      (6) For the purposes of subsection (5)-
 
 
    (a) a code of practice or revised code to which an order relates shall cease to have effect together with the order,
 
    (b) an order's ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
 
    (c) the period of 40 days shall be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.
      (7) An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.
 
      (8) Subsection (1)(a) does not apply to an order made-
 
 
    (a) under section 94,
 
    (b) by virtue of paragraph 36 of Schedule 4, or
 
    (c) under or by virtue of any of paragraphs 19 to 21 of Schedule 5.
      (9) Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.
 
Directions.     124. A direction given under this Act may be varied or revoked by a further direction.
 
Amendments and repeals.     125. - (1) Schedule 15 (consequential amendments) shall have effect.
 
      (2) The enactments listed in Schedule 16 are hereby repealed or revoked to the extent specified.
 
Report to Parliament.     126. The Secretary of State shall lay before both Houses of Parliament at least once in every 12 months a report on the working of this Act.
 
 
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