Terrorism Bill - continued        House of Lords

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  PART VIII
  GENERAL
Police powers.     114. - (1) A power conferred by virtue of this Act on a constable-
 
 
    (a) is additional to powers which he has at common law or by virtue of any other enactment, and
 
    (b) shall not be taken to affect those powers.
      (2) A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).
 
      (3) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.
 
Officers' powers.     115. Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 25 to 31 and examining officers for the purposes of Schedule 7) shall have effect.
 
Powers to stop and search.     116. - (1) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.
 
      (2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne).
 
      (3) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
 
      (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to-
 
 
    (a) imprisonment for a term not exceeding six months,
 
    (b) a fine not exceeding level 5 on the standard scale, or
 
    (c) both.
Consent to prosecution.     117. - (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.
Defences.     118. - (1) Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.
 
      (2) If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
 
      (3) Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court-
 
 
    (a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or
 
    (b) may accept a fact as sufficient evidence unless a particular matter is proved.
      (4) If evidence is adduced which is sufficient to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.
 
      (5) The provisions in respect of which subsections (2) and (4) apply are-
 
 
    (a) sections 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and
 
    (b) sections 13, 32 and 33 of the Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.
Crown servants, regulators, &c.     119. - (1) The Secretary of State may make regulations providing for any of sections 15 to 23 and 39 to apply to persons in the public service of the Crown.
 
      (2) The Secretary of State may make regulations providing for section 19 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.
 
      (3) Regulations-
 
 
    (a) may make different provision for different purposes,
 
    (b) may make provision which is to apply only in specified circumstances, and
 
    (c) may make provision which applies only to particular persons or to persons of a particular description.
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.
 
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