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

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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(5)
 
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 2(2) 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.
 
Money.     127. The following shall be paid out of money provided by Parliament-
 
 
    (a) any expenditure of a Minister of the Crown under or by virtue of this Act, and
 
    (b) any increase in the sums payable out of money provided by Parliament under any other enactment.
Commencement.     128. The preceding provisions of this Act, apart from sections 2(1)(b) and (2) and 118 and Schedule 1, shall come into force in accordance with provision made by the Secretary of State by order.
 
Transitional provisions.     129. - (1) Where, immediately before the coming into force of section 2(1)(a), a person is being detained by virtue of a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989-
 
 
    (a) the provisions of that Act shall continue to apply to him, in place of the corresponding provisions of this Act, until his detention comes to an end, and
 
    (b) nothing in paragraph 5 or 8 of Schedule 15 shall have effect in relation to him during his detention.
      (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.
 
      (3) Where this Act repeals and re-enacts a provision of-
 
 
    (a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or
 
    (b) the Northern Ireland (Emergency Provisions) Act 1996,
  the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law.
 
      (4) A reference in this Act or any other enactment or instrument to a provision of this Act shall (so far as the context permits) be taken to include a reference to a corresponding provision repealed by this Act.
 
      (5) The repeal by virtue of this Act of section 14 of the Northern Ireland (Emergency Provisions) Act 1996 (young persons convicted of scheduled offences) shall not affect its operation in relation to offences committed while it was in force.
 
      (6) Any document made, served or issued after the commencement of paragraph (a) or (b) of section 2(1) which contains a reference to an enactment repealed by that paragraph shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act.
 
      (7) Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of-
 
 
    (a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or
 
    (b) the Northern Ireland (Emergency Provisions) Act 1996.
      (8) Section 117 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.
 
 
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