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Amendments to the Terrorism Bill

Terrorism Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Terrorism Bill to be moved on Report in the House of Lords.

  
Clause 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 1, line 7, leave out subsection (1) and insert--
 
    ("(1)  In this Act "terrorism" means the use or threat of action where--
    (a)  the action falls within subsection (1A),
    (b)  the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
    (c)  the use or threat is made for the purpose of advancing a political, religious or ideological cause.
    (1A)  Action falls within this subsection if it--
    (a)  involves serious violence against a person,
    (b)  involves serious damage to property,
    (c)  endangers a person's life,
    (d)  creates a serious risk to the health or safety of the public or a section of the public, or
    (e)  is designed seriously to interfere with or seriously to disrupt an electronic system.
    (1B)  The use or threat of action falling within subsection (1A) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.")
 
  
BY THE LORD LLOYD OF BERWICK
THE LORD COPE OF BERKELEY
 
     Page 1, line 7, leave out from ("threat") to second ("the") in line 17 and insert ("of violence which is intended to intimidate the public, or any section of the public, in order to promote political, religious or ideological aims.
 
    (2)  In subsection (1)--
    (a)  violence" means action which causes or is intended to cause--
          (i)  death or serious injury to the person, whether or not within the United Kingdom, or serious damage to property, wherever situated, and "damage" includes interference with the functioning of electronic equipment, or
          (ii)  serious harm to national security, public safety or the economic well-being of the country,
    (b)  the public" includes")
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 1, line 13, leave out ("subsection (1)") and insert ("this section") 
     Page 1, line 18, at end insert (", and
    (d)  the government" means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.")
 
  
Clause 12
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 7, line 13, leave out from ("activities") to end of line 15 
  
Clause 40
 
  
BY THE LORD LLOYD OF BERWICK
 
     Page 18, line 41, leave out paragraph (b) 
     Page 18, line 43, leave out subsection (2) 
  
After Clause 56
 
  
BY THE LORD LLOYD OF BERWICK
 
     Insert the following new Clause-- 
     ("  .--(1)  A person commits an offence if he engages in the preparation or instigation of an act of terrorism.
 
    (2)  A person guilty of an offence under this section shall be liable--
    (a)  on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
    (b)  on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.")
Preparation or instigation of acts of terrorism.
  
Clause 113
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 54, line 9, at end insert--
 
    ("(  )  Paragraph 18A of Schedule 9 shall have effect only in relation to an offence alleged to have been committed after the coming into force of that Schedule.")
 
  
Clause 117
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Leave out Clause 117 and insert the following new Clause-- 
     ("  .--(1)  This section applies to an offence under any provision of this Act other than an offence under--
    (a)  section 36,
    (b)  section 51,
    (c)  paragraph 18 of Schedule 7,
    (d)  paragraph 12 of Schedule 12, or
    (e)  Schedule 13.
    (2)  Proceedings for an offence to which this section applies--
    (a)  shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and
    (b)  shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
    (3)  Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom--
    (a)  subsection (2) shall not apply, and
    (b)  proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland.")
Consent to prosecution.
  
Clause 118
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 55, line 10, leave out ("sufficient evidence") and insert ("evidence which is sufficient") 
     Page 55, line 19, leave out ("sufficient evidence is adduced") and insert ("evidence is adduced which is sufficient") 
  
Clause 123
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 58, line 33, leave out ("1(2)(b)") and insert (" 2(2)") 
  
Clause 128
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 59, line 33, leave out ("2(2)") and insert (" 2(1)(b) and (2)") 
  
Clause 129
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 60, line 3, leave out subsection (2) and insert--
 
    ("(2)  Where--
 
 
    (a)  a person is detained by virtue of a provision of the Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and
    (b)  the provision ceases to have effect,
he shall be treated as lawfully detained under any corresponding provision of this Act.")
1996 c. 22.
     Page 60, line 29, at end insert--
 
    ("(8)  Section (Consent to prosecution) shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section.")
 
  
Schedule 1
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 61, line 5, leave out paragraphs 1 to 3 and insert-- 
     ("1.--(1)  This paragraph applies to any of the following if and in so far as it is in force immediately before the passing of this Act by virtue of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996 (duration)--1996 c. 22.
 
    (a)  a provision of the Northern Ireland (Emergency Provisions) Act 1996 (other than one mentioned in sub-paragraph (2)),
1996 c. 22.
 
    (b)  a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989, and
1989 c. 4.
 
    (c)  section 4 of the Criminal Justice (Terrorism and Conspiracy) Act 1998 (forfeiture orders).
1998 c. 40.
     (2)  This paragraph does not apply to the following provisions of the Northern Ireland (Emergency Provisions) Act 1996--
    (a)  section 26(1)(b) (power of entry on authority of Secretary of State),
    (b)  section 35 (wearing of hoods), and
    (c)  section 50 (explosives factories).
    2.--(1)  A provision to which paragraph 1 applies shall continue in force for the period of 12 months starting with the day on which this Act is passed.
 
    (2)  The Secretary of State may by order provide for a provision to which paragraph 1 applies to continue in force for the period of 12 months immediately following the period mentioned in sub-paragraph (1).
1996 c. 22.
     3.--(1)  The powers under section 62(3)(a) and (c) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies in respect of any period falling within--
    (a)  the period mentioned in paragraph 2(1), or
    (b)  a period specified in relation to that provision under paragraph 2(2).
1996 c. 22.
     (2)  The power under section 62(3)(b) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies at any time during--
    (a)  the period mentioned in paragraph 2(1), or
    (b)  a period specified in relation to that provision under paragraph 2(2).
    3A.  The Secretary of State may by order provide for a provision to which paragraph 1 applies--
    (a)  to cease to have effect on a specified day;
1996 c. 22.
 
    (b)  to cease to be capable of being the subject of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996.
    3B.  The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 3A.
1996 c. 22.
     3C.--(1)  A provision of the Northern Ireland (Emergency Provisions) Act 1996 to which paragraph 1 does not apply shall continue to have effect for the purposes of, or in so far it relates to, any provision to which that paragraph does apply.
 
    (2)  While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue of this Schedule, the following shall also have effect--
    (a)  Part III of that Schedule (extra-territorial offences), and
    (b)  sections 3, 10 and 11 of that Act so far as they relate to offences which are scheduled offences by virtue of that Part.")
1996 c. 22.
     Page 61, line 41, leave out ("paragraph 1(2)") and insert ("this Schedule") 
     Page 62, line 2, leave out ("(4)") and insert ("(5)") 
     Page 62, line 38, leave out from ("may") to ("appeal") in line 39 
     Page 62, line 42, at end insert--
 
    ("(8)  Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)--
    (a)  with any necessary modifications, and
    (b)  subject to any later rules made by virtue of sub-paragraph (7)(b).")
 
  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 75, line 3, leave out ("in any case") 
     Page 77, line 21, leave out ("or") and insert ("and") 
     Page 77, line 37, leave out ("within the meaning of section 14") 
     Page 88, line 35, leave out ("Economic Development") and insert ("Enterprise, Trade and Investment") 
  
Schedule 7
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 109, line 9, at end insert ("as soon as is reasonably practicable") 
  
Schedule 9
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 127, line 37, at end insert-- 
 ("Computer Misuse Act 1990 (c. 18) 
     18A.  Offences under the following provisions of the Computer Misuse Act 1990 subject to note 1 below--
    (a)  section 1 (unauthorised access to computer material),
    (b)  section 2 (unauthorised access with intent to commit further offence), and
    (c)  section 3 (unauthorised modification).")
 
  
Schedule 13
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 138, line 45, leave out from ("may") to ("appeal") in line 46 
     Page 139, line 2, at end insert--
 
    ("(4)  Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall have effect in relation to a certificate under this paragraph--
    (a)  with any necessary modifications, and
    (b)  subject to any later rules made by virtue of sub-paragraph (3)(b).")
 
  
Schedule 15
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 147, leave out lines 13 to 17 
     Page 148, line 12, at end insert-- 
 ("Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) 
     .--(1)  The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.
 
    (2)  In section 88(2)(b) (meaning of "remanded in custody") for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 41 of the Terrorism Act 2000".
 
    (3)  In section 101(12)(b) (meaning of "remanded in custody") for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 41 of the Terrorism Act 2000".")
 
 
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