Terrorism Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 3 — Supplemental provisions
33

Definition of terrorism etc.
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Amendment of the definition of “terrorism” etc.
In each of—
(a)
section 1(1)(b) of the Terrorism Act 2000 (c. 11) (under which actions
and threats designed to influence a government may be terrorism), and
5
(b)
section 113(1)(c) of the Anti-terrorism, Crime and Security Act 2001
(c. 24) (offence of using noxious substances or things to influence a
government or to intimidate),
after “government” insert “or an international governmental organisation”.
Other amendments
10
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Applications for extended detention of seized cash
(1)
In paragraph 3 of Schedule 1 to the Anti-terrorism, Crime and Security Act
2001 (application relating to period of detention of seized terrorist cash), after
sub-paragraph (3) insert—
   “(3A)
An application to a justice of the peace or the sheriff for an order
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under sub-paragraph (2) making the first extension of the period—
(a)
may be made and heard without notice of the application or
hearing having been given to any of the persons affected by
the application or to the legal representative of such a person,
and
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(b)
may be heard and determined in private in the absence of
persons so affected and of their legal representatives.”
(2)
This section applies to applications made after the commencement of this
section.
Part 3
25
Supplemental provisions
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Review of terrorism legislation
(1)
The Secretary of State must appoint a person to review the operation of the
provisions of the Terrorism Act 2000 and of Part 1 of this Act.
(2)
That person may, from time to time, carry out a review of those provisions and,
30
where he does so, must send a report on the outcome of his review to the
Secretary of State as soon as reasonably practicable after completing the
review.
(3)
That person must carry out and report on his first review under this section
before the end of the period of 12 months after the laying before Parliament of
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the last report to be so laid under section 126 of the Terrorism Act 2000 before
the commencement of this section.
(4)
That person must carry out and report on a review under this section at least
once in every twelve month period ending with an anniversary of the end of
the twelve month period mentioned in subsection (3).
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Terrorism Bill
Part 3 — Supplemental provisions
34

(5)
On receiving a report under this section, the Secretary of State must lay a copy
of it before Parliament.
(6)
The Secretary of State may, out of money provided by Parliament, pay a person
appointed to carry out a review under this section, both his expenses and also
such allowances as the Secretary of State determines.
5
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Consequential amendments and repeals
(1)
In section 32(e) of the Terrorism Act 2000 (c. 11) (meaning of “terrorist
investigation”), after “offence under this Act” insert “or under Part 1 of the
Terrorism Act 2006 other than an offence under section 1 or 2 of that Act”.
(2)
In section 117 of that Act (consents to prosecutions), for subsection (3)
10
substitute—
“(2A)
But if 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 has been committed for a purpose wholly or partly
connected with the affairs of a country other than the United Kingdom,
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his consent for the purposes of this section may be given only with the
permission—
(a)
in the case of the Director of Public Prosecutions, of the
Attorney General; and
(b)
in the case of the Director of Public Prosecutions for Northern
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Ireland, of the Advocate General for Northern Ireland.
(2B)
In relation to any time before the coming into force of section 27(1) of
the Justice (Northern Ireland) Act 2002, the reference in subsection (2A)
to the Advocate General for Northern Ireland is to be read as a
reference to the Attorney General for Northern Ireland.”
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(3)
After section 120 of that Act insert—
“120A
Supplemental powers of court in respect of forfeiture orders
(1)
Where court makes an order under section 54, 58 or 103 for the
forfeiture of anything, it may also make such other provision as appears
to it to be necessary for giving effect to the forfeiture.
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(2)
That provision may include, in particular, provision relating to the
retention, handling, disposal or destruction of what is forfeited.
(3)
Provision made by virtue of this section may be varied at any time by
the court that made it.”
(4)
In Part 1 of Schedule 9 to that Act (scheduled offences), at the end insert—
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“Terrorism Act 2006
22C
Offences under Part 1 of the Terrorism Act 2006 (terrorism-related
offences).”
(5)
The enactments listed in column 1 of Schedule 3 are repealed to the extent set
out in column 2 of that Schedule.
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Terrorism Bill
Part 3 — Supplemental provisions
35

38
Expenses
There shall be paid out of money provided by Parliament any increase
attributable to this Act in the sums payable out of such money under any other
Act.
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Short title, commencement and extent
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(1)
This Act may be cited as the Terrorism Act 2006.
(2)
This Act (apart from this section) shall come into force on such day as the
Secretary of State may by order made by statutory instrument appoint.
(3)
An order made under subsection (2) may make different provision for different
purposes.
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(4)
Subject to section 17(6), an amendment or repeal by this Act of another
enactment has the same extent as the enactment amended or repealed.
(5)
Subject to section 17(6) and to subsection (4) of this section, this Act extends to
the whole of the United Kingdom.
(6)
Her Majesty may by Order in Council direct that any provisions of this Act
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shall extend, with such modifications as appear to Her Majesty to be
appropriate, to any of the Channel Islands or the Isle of Man.
(7)
In subsection (6) “modification” includes omissions, additions and alterations.

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Terrorism Bill
Schedule 1 — Convention offences

Schedules
Schedule 1
Section 20

Convention offences
Explosives offences
1     (1)
Subject to sub-paragraph (3), an offence under any of sections 28 to 30 of the
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Offences against the Person Act 1861 (c. 100) (causing injury by explosions,
causing explosions and handling or placing explosives).
      (2)
Subject to sub-paragraph (3), an offence under any of the following
provisions of the Explosive Substances Act 1883 (c. 3)—
(a)
section 2 (causing an explosion likely to endanger life);
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(b)
section 3 (preparation of explosions);
(c)
section 5 (ancillary offences).
      (3)
An offence in or as regards Scotland is a Convention offence by virtue of this
paragraph only if it consists in—
(a)
the doing of an act as an act of terrorism; or
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(b)
an action for the purposes of terrorism.
Biological weapons
2
An offence under section 1 of the Biological Weapons Act 1974 (c. 6)
(development etc. of biological weapons).
Offences against internationally protected persons
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3     (1)
Subject to sub-paragraph (4), an offence mentioned in section 1(1)(a) of the
Internationally Protected Persons Act 1978 (c. 17) (attacks against protected
persons committed outside the United Kingdom) which is committed
(whether in the United Kingdom or elsewhere) in relation to a protected
person.
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      (2)
Subject to sub-paragraph (4), an offence mentioned in section 1(1)(b) of that
Act (attacks on relevant premises etc.) which is committed (whether in the
United Kingdom or elsewhere) in connection with an attack—
(a)
on relevant premises or on a vehicle ordinarily used by a protected
person, and
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(b)
at a time when a protected person is in or on the premises or vehicle.
      (3)
Subject to sub-paragraph (4), an offence under section 1(3) of that Act
(threats etc. in relation to protected persons).
      (4)
An offence in or as regards Scotland is a Convention offence by virtue of this
paragraph only if it consists in—
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Terrorism Bill
Schedule 1 — Convention offences
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(a)
the doing of an act as an act of terrorism; or
(b)
an action for the purposes of terrorism.
      (5)
Expressions used in this paragraph and section 1 of that Act have the same
meanings in this paragraph as in that section.
Hostage-taking
5
4
An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
(hostage-taking).
Hijacking and other offences against aircraft
5
Offences under any of the following provisions of the Aviation Security Act
1982 (c. 36)—
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(a)
section 1 (hijacking);
(b)
section 2 (destroying, damaging or endangering safety of aircraft);
(c)
section 3 (other acts endangering or likely to endanger safety of
aircraft);
(d)
section 6(2) (ancillary offences).
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Offences involving nuclear material
6     (1)
An offence mentioned in section 1(1) of the Nuclear Material (Offences) Act
1983 (c. 18) (offences in relation to nuclear material committed outside the
United Kingdom) which is committed (whether in the United Kingdom or
elsewhere) in relation to or by means of nuclear material.
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      (2)
An offence under section 2 of that Act (offence involving preparatory acts
and threats in relation to nuclear material).
      (3)
In this paragraph “nuclear material” has the same meaning as in that Act.
Offences under the Aviation and Maritime Security Act 1990 (c. 31)
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Offences under any of the following provisions of the Aviation and
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Maritime Security Act 1990—
(a)
section 1 (endangering safety at aerodromes);
(b)
section 9 (hijacking of ships);
(c)
section 10 (seizing or exercising control of fixed platforms);
(d)
section 11 (destroying ships or fixed platforms or endangering their
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safety);
(e)
section 12 (other acts endangering or likely to endanger safe
navigation);
(f)
section 13 (offences involving threats relating to ships or fixed
platforms);
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(g)
section 14 (ancillary offences).
Offences involving chemical weapons
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An offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use,
development etc. of chemical weapons).

Terrorism Bill
Schedule 2 — Seizure and forfeiture of terrorist publications
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Terrorist funds
9
An offence under any of the following provisions of the Terrorism Act 2000
(c. 11)—
(a)
section 15 (terrorist fund-raising);
(b)
section 16 (use or possession of terrorist funds);
5
(c)
section 17 (funding arrangements for terrorism);
(d)
section 18 (money laundering of terrorist funds).
Directing terrorist organisations
10
An offence under section 56 of the Terrorism Act 2000 (directing a terrorist
organisation).
10
Offences involving nuclear weapons
11
An offence under section 47 of the Anti-terrorism, Crime and Security Act
2001 (c. 24) (use, development etc. of nuclear weapons).
Conspiracy etc.
12
Any of the following offences—
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(a)
conspiracy to commit a Convention offence;
(b)
inciting the commission of a Convention offence;
(c)
attempting to commit a Convention offence;
(d)
aiding, abetting, counselling or procuring the commission of a
Convention offence.
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Schedule 2
Section 28

Seizure and forfeiture of terrorist publications
Application of Schedule
1
This Schedule applies where an article—
(a)
has been seized under the authority of a warrant under section 28;
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and
(b)
is being retained in the custody of a constable (“the relevant
constable”).
Notice of seizure
2     (1)
The relevant constable must give notice of the article’s seizure to—
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(a)
every person whom he believes to have been the owner of the article,
or one of its owners, at the time of the seizure; and
(b)
if there is no such person or it is not reasonably practicable to give
him notice, every person whom the relevant constable believes to
have been an occupier at that time of the premises where the article
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was seized.

Terrorism Bill
Schedule 2 — Seizure and forfeiture of terrorist publications
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      (2)
The notice must set out what has been seized and the grounds for the
seizure.
      (3)
The notice may be given to a person only by—
(a)
delivering it to him personally;
(b)
addressing it to him and leaving it for him at the appropriate
5
address; or
(c)
addressing it to him and sending it to him at that address by post.
      (4)
But where it is not practicable to give a notice in accordance with sub-
paragraph (3), a notice given by virtue of sub-paragraph (1)(b) to the
occupier of the premises where the article was seized may be given by—
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(a)
addressing it to “the occupier” of those premises, without naming
him; and
(b)
leaving it for him at those premises or sending it to him at those
premises by post.
      (5)
An article may be treated or condemned as forfeited under this Schedule
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only if—
(a)
the requirements of this paragraph have been complied with in the
case of that article; or
(b)
it was not reasonably practicable for them to be complied with.
      (6)
In this paragraph “the appropriate address”, in relation to a person, means—
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(a)
in the case of a body corporate, its registered or principal office in the
United Kingdom;
(b)
in the case of a firm, the principal office of the partnership;
(c)
in the case of an unincorporated body or association, the principal
office of the body or association; and
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(d)
in any other case, his usual or last known place of residence in the
United Kingdom or his last known place of business in the United
Kingdom.
      (7)
In the case of—
(a)
a company registered outside the United Kingdom,
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(b)
a firm carrying on business outside the United Kingdom, or
(c)
an unincorporated body or association with offices outside the
United Kingdom,

the references in this paragraph to its principal office include references to
its principal office within the United Kingdom (if any).
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Notice of claim
3     (1)
A person claiming that the seized article is not liable to forfeiture may give
notice of his claim to a constable at any police station in the police area in
which the premises where the seizure took place are located.
      (2)
Oral notice is not sufficient for these purposes.
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4     (1)
A notice of claim may not be given more than one month after—
(a)
the day of the giving of the notice of seizure; or
(b)
if no such notice has been given, the day of the seizure.
      (2)
A notice of claim must specify—
(a)
the name and address of the claimant; and
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