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Terrorism Act 2000

Type Public General Act

Publication 2000-07-20

Last updated 2026-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b) before being charged or informed the accused was permitted to consult a solicitor.

(4) Where this subsection applies—

(a) the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but

(b) the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.

(5) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

Sections 108 and 109: supplementary.

110

(1) Nothing in section 108 or 109 shall—

(a) prejudice the admissibility of evidence admissible apart from that section,

(b) preclude the drawing of inferences which could be drawn apart from that section, or

(c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

(2) In subsection (1)(c) the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery, producing documents or otherwise).

Forfeiture orders.

111

(1) This section applies if—

(a) a person is convicted of an offence under section 11 or 12, and

(b) at the time of the offence he belonged to an organisation which was a specified organisation.

(2) The court by or before which the person is convicted may order the forfeiture of any money or other property if—

(a) he had it in his possession or under his control at the time of the offence, and

(b) it has been used in connection with the activities of the specified organisation or the court believes that it may be used in that connection unless it is forfeited.

(3) Before making an order under this section the court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under this section.

(4) A question arising as to whether subsection (1)(b) or (2)(a) or (b) is satisfied shall be determined on the balance of probabilities.

(5) Schedule 4 shall apply (with the necessary modifications) in relation to orders under this section as it applies in relation to orders made under section 23.

Duration of Part VII

Expiry and revival.

112

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State may by order provide—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) that a provision of this Part shall cease to have effect;

(c) that a provision of this Part which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding twelve months and ending before 1st August 2007 .

(3) An order under subsection (2) may make provision with respect to a provision of this Part—

(a) generally,

(b) only in so far as it concerns powers of members of Her Majesty’s Forces, or

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Paragraph 37 of Schedule 4 to this Act shall be treated for the purposes of this section as forming part of this Part of this Act.

Transitional provisions.

113

(1) Where a provision of sections 74 to 77 comes into force by virtue of an order under section 112(2), that shall not affect a trial on indictment where the indictment has been presented before the provision comes into force.

(2) Where a provision of sections 74 to 77 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect the application of the provision to a trial on indictment where the indictment has been presented before the provision ceases to have effect.

(3) If when section 74(1) comes into force by virtue of an order under section 112(2) a person has been committed for trial for a scheduled offence and the indictment has not been presented, then on the coming into force of section 74(1) he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed—

(a) to the Crown Court sitting in Belfast, or

(b) where a direction is given under section 74(1) which affects the trial, to the Crown Court sitting at the place specified in the direction.

(4) Where section 74 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect—

(a) the committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or

(b) the committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,

in a case where the indictment has not been presented.

(5) Where section 79 or 80 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect the operation of the section in relation to an offence committed while it, or a corresponding earlier enactment, was in force.

(6) Sections 108 and 109 shall not apply to a statement made or failure occurring before 4th September 1998.

(7) Where section 108 or 109 comes into force by virtue of an order under section 112(2) it shall not apply to a statement made or failure occurring while the section was not in force.

(8) Section 111 applies where an offence is committed on or after 4th September 1998; and for this purpose an offence committed over a period of more than one day or at some time during a period of more than one day shall be taken to be committed on the last of the days in the period.

(9) Paragraph 19 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.

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 Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist property) and examining officers for the purposes of Schedule 7 to this Act (port and border controls)) 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

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,

(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.

(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 outside the United Kingdom or for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, 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 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.

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 12(4), 39(5)(a), 54, 57, 58, 58A, 58B, 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 23A 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

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.

Supplementary powers of forfeiture

120A

(1) A court by or before which a person is convicted of an offence under a provision mentioned in column 1 of the following table may order the forfeiture of any item mentioned in column 2 in relation to that offence.

Offence	Items liable to forfeiture
Section 54 (weapons training)	Anything that the court considers to have been in the possession of the person for purposes connected with the offence.
Section 57 (possession for terrorist purposes)	Any article that is the subject matter of the offence.
Section 58 (collection of information)	Any document or record containing information of the kind mentioned in subsection (1)(a) of that section.
Section 58A (eliciting, publishing or communicating information about members of armed forces etc)	Any document or record containing information of the kind mentioned in subsection (1)(a) of that section.

(2) Before making an order under this section, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under this section.

(3) An order under this section does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(4) Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.

(5) Provision made by virtue of subsection (4) may be varied at any time by the court that made it.

(6) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A.

Offences in relation to counter-terrorism financial investigators

120B

(1) A person commits an offence if the person assaults a counter-terrorism financial investigator who is acting in the exercise of a relevant power.

(2) A person commits an offence if the person resists or wilfully obstructs a counter-terrorism financial investigator who is acting in the exercise of a relevant power.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5) In this section “relevant power” means a power exercisable under Schedule 5 (terrorist investigations: information) or Part 1 of Schedule 5A (terrorist financing investigations in England and Wales and Northern Ireland: disclosure orders).

(6) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a) the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months;

(b) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.

Enforcement of orders in other parts of United Kingdom

120C

(1) Her Majesty may by Order in Council make provision for an investigatory order made in one part of the United Kingdom to be enforced in another part.

(2) In subsection (1) “investigatory order” means any of the following kinds of order—

(a) an order under section 22B (... information orders);

(b) an order under paragraph 5 of Schedule 5 (production orders: England and Wales and Northern Ireland) that is made in connection with a terrorist investigation in relation to terrorist property;

(c) an order under paragraph 13(1)(b) of that Schedule that is made in connection with material produced or made available as a result of an order within paragraph (b) of this subsection;

(d) an order under paragraph 22 of Schedule 5 (production orders: Scotland) that is made in connection with a terrorist investigation in relation to terrorist property;

(e) an order under paragraph 30(1)(b) of that Schedule that is made in connection with material produced or made available as a result of an order within paragraph (d) of this subsection;

(f) an order under paragraph 9 of Schedule 5A (disclosure orders: England and Wales and Northern Ireland);

(g) an order under paragraph 19 of that Schedule (disclosure orders: Scotland);

(h) an order under paragraph 1 of Schedule 6 (financial information orders);

(i) an order under paragraph 2 of Schedule 6A (account monitoring orders).

(3) An Order under this section may apply (with or without modifications) any provision of or made under—

(a) an Act (including this Act),

(b) an Act of the Scottish Parliament, or

(4) An Order under this section—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

(5) Rules of court may make whatever provision is necessary or expedient to give effect to an Order under this section.

(6) A statutory instrument containing an Order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation.

121

In this Act—

“act” and “action” include omission,

“article” includes substance and any other thing,

“British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix),

“counter-terrorism financial investigator” is to be read in accordance with section 63F;

“customs officer” means an officer of Revenue and Customs,

“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—an article or substance manufactured for the purpose of producing a practical effect by explosion,materials for making an article or substance within paragraph (a),anything used or intended to be used for causing or assisting in causing an explosion, anda 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” , except in section 63D, includes any place and in particular includes—a vehicle,an offshore installation within the meaning given in section 44 of the Petroleum Act 1998, anda 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.

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

(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—

(za) section 3(6) or (8);

(a) section 4(3);

(b) section 24(2)(e);

(ba) section 63C(3)(d);

(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);

(aza) section 22F(5);

(aa) section 23A(5);

(ab) section 47AB;

(b) section 53(2);

(ba) section 58B(7);

(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 (aa) , (ab) , (b) or (ba), 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

(6ZA) Regulations under section 58C—

(a) must be laid before Parliament after being made, and

(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless before the end of that period the regulations are approved by a resolution of each House of Parliament.

(6ZB) Regulations laid before Parliament under subsection (6ZA) designating an area outside the United Kingdom must be accompanied by a statement setting out the grounds on which the Secretary of State has determined that the condition for making the regulations referred to in section 58C(2) is met in relation to that area.

(6ZC) For the purposes of subsection (6ZA) the period of 40 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.

(6ZD) Subsection (6ZA)(b)—

(a) is without prejudice to anything previously done or to the power of the Secretary of State to make new regulations under section 58C;

(b) does not apply to regulations that only revoke previous regulations under that section.

(6ZE) Regulations under section 58C that only revoke previous regulations under that section are subject to annulment in pursuance of a resolution of either House of Parliament.

(6ZF) Regulations under paragraph 6(1AF) of Schedule 6 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(6A) As soon as practicable after making an order under paragraph 38 of Schedule 8, the Secretary of State must lay a copy of the order before each House of Parliament.

(6B) An order under paragraph 38 of Schedule 8 is to cease to have effect at the end of the period of 20 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 of Parliament during that period.

(6C) For the purposes of subsection (6B) the period of 20 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.

(6D) Subsections (6B) and (6C) do not apply to an order under paragraph 38 of Schedule 8 which revokes an order under that paragraph.

(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

(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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

Extent.

130

(1) Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom.

(2) Section 59 shall extend to England and Wales only.

(3) The following shall extend to Northern Ireland only—

(a) section 60, and

(b) Part VII.

(4) Section 61 shall extend to Scotland only.

(5) In Schedule 5—

(a) Part I shall extend to England and Wales and Northern Ireland only, and

(b) Part II shall extend to Scotland only.

(6) The amendments and repeals in Schedules 15 and 16 shall have the same extent as the enactments to which they relate.

Short title.

131

This Act may be cited as the Terrorism Act 2000.

SCHEDULE 1 — Northern Ireland (Emergency Provisions) Act 1996

Temporary extension

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)—

(a) a provision of the Northern Ireland (Emergency Provisions) Act 1996 (other than one mentioned in sub-paragraph (2)),

(b) a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989, and

(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

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).

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).

(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).

4

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;

(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.

5

The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 4.

6

(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.

Amendments during temporary extension

7

The provisions of the 1996 Act which continue in force by virtue of this Schedule shall be amended as follows.

8

In section 19 (arrest and seizure) after subsection (4) insert—

(5) The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998.

9

In section 20 (search for munitions, &c.) after subsection (5) insert—

(5A) The power to extend a period conferred by subsection (5) may be exercised only once in relation to a particular search.

10

In section 26 (powers of entry, &c.) after subsection (2) insert—

(2A) The Secretary of State may grant an authorisation under subsection (2) only if he considers it necessary for the preservation of the peace or the maintenance of order.

11

In section 33 (collection of information, &c.) after subsection (5) insert—

(5A) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection. (5B) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

12

(1) Part V (private security services) shall have effect subject to the provisions of this paragraph.

(2) On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate.

(3) To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above.

(4) The applicant for a certificate may appeal to the High Court if—

(a) the application is refused,

(b) a condition is imposed on the grant of the certificate, or

(5) Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates—

(a) was taken for the purpose of preventing benefit from accruing to an organisation which was within section 39(8), and

(b) was justified by that purpose.

(6) If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant.

(7) Where the appellant is notified of the Secretary of State’s intention to rely on a certificate under sub-paragraph (5)—

(a) he may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

(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 2 — Proscribed Organisations

The Irish Republican Army.

Cumann na mBan.

Fianna na hEireann.

The Red Hand Commando.

Saor Eire.

The Ulster Freedom Fighters.

The Ulster Volunteer Force.

The Irish National Liberation Army.

The Irish People’s Liberation Organisation.

The Ulster Defence Association.

The Loyalist Volunteer Force.

The Continuity Army Council.

The Orange Volunteers.

The Red Hand Defenders.

Al-Qa’ida

Egyptian Islamic Jihad

Al-Gama’at al-Islamiya

Armed Islamic Group (Groupe Islamique Armée) (GIA)

Salafist Group for Call and Combat (Groupe Salafiste pour la Prédication et le Combat) (GSPC)

Babbar Khalsa

Harakat Mujahideen

Jaish e Mohammed

Lashkar e Tayyaba

Liberation Tigers of Tamil Eelam (LTTE)

Hizballah (Party of God).

Harakat al Muqawama al-Islamiyya (Hamas)

Palestinian Islamic Jihad—Shaqaqi

Abu Nidal Organisation

Islamic Army of Aden

Kurdistan Workers’ Party (Partiya Karkeren Kurdistani) (PKK) including Teyrebazene Azadiye Kurdistan (TAK) and Hezen Parastina Gel (HPG)

Revolutionary Peoples’ Liberation Party—Front (Devrimci Halk Kurtulus Partisi-Cephesi) (DHKP-C)

Basque Homeland and Liberty (Euskadi ta Askatasuna) (ETA)

17 November Revolutionary Organisation (N17)

Abu Sayyaf Group

Asbat Al-Ansar

Islamic Movement of Uzbekistan

Jemaah Islamiyah.

Al Ittihad Al Islamia

Ansar Al Islam

Ansar Al Sunna

Groupe Islamique Combattant Marocain

Harakat-ul-Jihad-ul-Islami

Harakat-ul-Jihad-ul-Islami (Bangladesh)

Harakat-ul-Mujahideen/Alami

Islamic Jihad Union

Jamaat ul-Furquan

Jundallah

Khuddam ul-Islam

Lashkar-e Jhangvi

Sipah-e Sahaba Pakistan.

Al-Ghurabaa

The Saved Sect

Baluchistan Liberation Army

Jammat-ul Mujahideen Bangladesh

Tehrik Nefaz-e Shari'at Muhammadi.

Al Shabaab

Tehrik-e Taliban Pakistan

Indian Mujahideen

Ansarul Muslimina Fi Biladis Sudan (Vanguard for the protection of Muslims in Black Africa) (Ansaru)

Jama’atu Ahli Sunna Lidda Awati Wal Jihad (Boko Haram)

Minbar Ansar Deen (Ansar Al Sharia UK)

Imarat Kavkaz (Caucasus Emirate)

Ansar Bayt al-Maqdis (Ansar Jerusalem)

Al Murabitun

Ansar al Sharia – Tunisia

Islamic State of Iraq and the Levant (Islamic State of Iraq and al-Sham) (Dawat al Islamiya fi Iraq wa al Sham (DAISh))

Turkiye Halk Kurtulus Partisi-Cephesi (Turkish People’s Liberation Party) (The Hasty Ones) (Mukavamet Suriye)

Kateeba al-Kawthar (Ajnad al-sham) (Junud ar-Rahman al Muhajireen)

Abdallah Azzam Brigades, including the Ziyad al-Jarrah Battalions

Popular Front for the Liberation of Palestine – General Command.

Ansar al-Sharia-Benghazi (Partisans of Islamic Law)

Ajnad Misr (Soldiers of Egypt)

Jaysh al Khalifatu Islamiya (Army of the Islamic Caliphate) (Majahideen of the Caucasus and the Levant)

Jund Al-Aqsa (Soldiers of Al-Aqsa)

Jund al Khalifa–Algeria (Soldiers of the Caliphate in Algeria)

Jamaat ul-Ahrar

The Haqqani Network

Global Islamic Media Front (including GIMF Bangla Team (Ansarullah Bangla Team) (Ansar-al Islam))

Mujahedeen Indonesia Timur (East Indonesia Mujahedeen)

Turkestan Islamic Party (East Turkestan Islamic Party) (East Turkestan Islamic Movement) (East Turkestan Jihadist Movement) (Hizb al-Islami al-Turkistani)

Jamaah Anshorut Daulah

National Action

al-Ashtar Brigades (Saraya al-Ashtar) (The Wa’ad Allah Brigades) (Islamic Allah Brigades) (Imam al-Mahdi Brigades) (al-Haydariyah Brigades)

al-Mukhtar Brigades (Saraya al-Mukhtar)

Hasam (Harakat Sawa’d Misr) (Harakat Hasm) (Hasm)

Liwa al-Thawra

Jamaat Nusrat al-Islam Wal-Muslimin (JNIM) (Nusrat al-Islam) (Nusrat al-Islam wal Muslimeen) (NIM), including Ansar al-Dine (AAD), Macina Liberation Front (MLF), al-Murabitun, al-Qa’ida in the Maghreb and az-Zallaqa

Ansaroul Islam (Ansar ul Islam) (Ansaroul Islam Lil Irchad Wal Jihad)

Sonnenkrieg Division

Feuerkrieg Division

Atomwaffen Division (AWD), including National Socialist Order (NSO)

The Base

Wagner Group

Hizb ut-Tahrir

Terrorgram collective

Palestine Action

Maniacs Murder Cult (MMC) (MKU) (MKY)

Russian Imperial Movement (RIM) (RID), including Russian Imperial Legion (RIL)

Note

The entry for The Orange Volunteers refers to the organisation which uses that name and in the name of which a statement described as a press release was published on 14th October 1998.

The entry for Jemaah Islamiyah refers to the organisation using that name that is based in south-east Asia, members of which were arrested by the Singapore authorities in December 2001 in connection with a plot to attack US and other Western targets in Singapore.

The entry for Palestine Action refers to the organisation using that name that is based in the United Kingdom.

SCHEDULE 3 — The Proscribed Organisations Appeal Commission

Constitution and administration

1

(1) The Commission shall consist of members appointed by the Lord Chancellor.

(2) The Lord Chancellor shall appoint one of the members as chairman.

(3) A member shall hold and vacate office in accordance with the terms of his appointment.

(4) A member may resign at any time by notice in writing to the Lord Chancellor.

2

The Lord Chancellor may appoint officers and servants for the Commission.

3

The Lord Chancellor—

(a) may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants,

(b) may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and

Procedure

4

(1) The Commission shall sit at such times and in such places as the Lord Chancellor may direct after consulting the following—

(a) the Lord Chief Justice of England and Wales;

(b) the Lord President of the Court of Session;

(2) The Commission may sit in two or more divisions.

(3) At each sitting of the Commission—

(a) three members shall attend,

(b) one of the members shall be a person who holds or has held high judicial office (within the meaning of Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council, and

(4) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

(5) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

5

(1) The Lord Chancellor may make rules—

(a) regulating the exercise of the right of appeal to the Commission under section 5 or under section 33D of the National Security Act 2023;

(b) prescribing practice and procedure to be followed in relation to proceedings before the Commission;

(d) making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);

(e) making provision about proof of the Commission’s decisions.

(2) In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—

(a) that decisions which are the subject of appeals are properly reviewed, and

(b) that information is not disclosed contrary to the public interest.

(3) The rules shall make provision permitting organisations and bodies to be legally represented in proceedings before the Commission.

(4) The rules may, in particular—

(a) provide for full particulars of the reasons for proscription or refusal to deproscribe , or for designation or refusal to remove a designation, to be withheld from the organisation , the body or the applicant concerned and from any person representing the organisation, the body or the applicant;

(aa) in the case of an appeal under section 5, provide for full particulars of the reasons for—

(i) the making of an order under section 3(6), or

(ii) a refusal to provide for a name to cease to be treated as a name for an organisation,

to be withheld from the organisation or applicant concerned and from any person representing it or him;

(ab) in the case of an appeal under section 33D of the National Security Act 2023, provide for full particulars of the reasons for a refusal to remove an alternative name from a designation of a body to be withheld from the body or applicant concerned and from any person representing the body or applicant;

(b) enable the Commission to exclude persons (including representatives) from all or part of proceedings;

(c) enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);

(d) permit preliminary or incidental functions to be discharged by a single member;

(e) permit proceedings for permission to appeal under section 6 , or under section 33E of the National Security Act 2023, to be determined by a single member;

(f) make provision about the functions of persons appointed under paragraph 7;

(g) make different provision for different parties or descriptions of party.

(5) Rules under this paragraph—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6) In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

6

(1) This paragraph applies to—

(a) proceedings brought by an organisation or a body before the Commission, and

(b) proceedings arising out of proceedings to which paragraph (a) applies.

(2) Proceedings shall be conducted on behalf of the organisation or body by a person designated by the Commission (with such legal representation as he may choose to obtain).

(3) In paragraph 5 of this Schedule a reference to an organisation or a body includes a reference to a person designated under this paragraph.

7

(1) The relevant law officer may appoint a person to represent the interests of an organisation , a body or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b).

(2) The relevant law officer is—

(a) in relation to proceedings in England and Wales, the Attorney General,

(b) in relation to proceedings in Scotland, the Advocate General for Scotland, and

(3) A person appointed under this paragraph must—

(a) have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (qualification for legal appointments),

(b) be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980, or

(4) A person appointed under this paragraph shall not be responsible to the organisation , the body or other applicant whose interests he is appointed to represent.

(5) In paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.

7A

In this Schedule references to a body are to a body designated under section 33A of the National Security Act 2023.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3A — REGULATED SECTOR AND SUPERVISORY AUTHORITIES

PART 1 — REGULATED SECTOR

Business in the regulated sector

1

(1) A business is in the regulated sector to the extent that it consists of—

(a) the acceptance by a credit institution of deposits or other repayable funds from the public, or the granting by a credit institution of credits for its own account;

(b) the carrying on of one or more of the activities listed in points 2 to 12 , 14 and 15 of Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 by an undertaking other than—

(i) a credit institution; or

(ia) an undertaking whose only listed activity is as a creditor under an agreement which—

(aa) falls within section 12(a) of the Consumer Credit Act 1974 (debtor-creditor-supplier agreements);

(bb) provides fixed sum credit (within the meaning given in section 10(1)(b) of the Consumer Credit Act 1974 (running-account credit and fixed-sum credit)) in relation to the provision of services; and

(cc) provides financial accommodation by way of deferred payment or payment by instalments over a period not exceeding 12 months; ...

(ii) an undertaking whose only listed activity is trading for own account in one or more of the products listed in point 7 of Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and which does not act on behalf of a customer (that is, a third party which is not a member of the same group as the undertaking);

(c) the carrying on of activities by an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, where those activities consist of carrying out or effecting contracts of long-term insurance other than a reinsurance contract;

(d) the provision of investment services or the performance of investment activities by a person (other than a person falling within one of the exclusions to the definition of “investment firm” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)) whose regular occupation or business is the provision to other persons of an investment service or the performance of an investment activity on a professional basis;

(e) the marketing or other offering of units or shares by a collective investment undertaking;

(f) the activities of an insurance intermediary as defined in article 33B(4) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, in respect of contracts of long-term insurance within the meaning given by article 3(1) of, and Part II of Schedule 1 to, that Order;

(g) the carrying on of any of the activities mentioned in paragraphs (b) to (f) by a branch located in the United Kingdom of a person referred to in those paragraphs (or of an equivalent person in any other State), wherever its head office is located;

(h) the activities of the National Savings Bank;

(i) any activity carried on for the purpose of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of Savings;

(j) the carrying on of statutory audit work within the meaning of section 1210 of the Companies Act 2006 (meaning of “statutory auditor” etc ) by any firm or individual who is a statutory auditor within the meaning of Part 42 of that Act (statutory auditors);

(ja) the carrying on of local audit work within the meaning of Schedule 5 to the Local Audit and Accountability Act 2014 (eligibility and regulation of local auditors) by any firm or individual who is a local auditor within the meaning of section 4(1) of that Act (general requirements for audit);

(k) the activities of a person appointed to act as an insolvency practitioner within the meaning of section 388 of the Insolvency Act 1986 (meaning of “act as insolvency practitioner”) or article 3 of the Insolvency (Northern Ireland) Order 1989;

(l) the provision to other persons of accountancy services by a firm or sole practitioner who by way of business provides such services to other persons;

(m) the provision of material aid, or assistance or advice, in connection with the tax affairs of other persons by a firm or sole practitioner, whether provided directly or through a third party, if the firm or sole practitioner by way of business provides (as the case may be) aid, assistance or advice in connection with the tax affairs of other persons;

(n) the participation in financial or real property transactions concerning—

(i) the buying and selling of real property (or, in Scotland, heritable property) or business entities;

(ii) the managing of client money, securities or other assets;

(iii) the opening or management of bank, savings or securities accounts;

(iv) the organisation of contributions necessary for the creation, operation or management of companies; or

(v) the creation, operation or management of trusts, companies or similar structures,

by a firm or sole practitioner who by way of business provides legal or notarial services to other persons;

(o) the provision to other persons by way of business by a firm or sole practitioner of any of the services mentioned in sub-paragraph (4);

(p) the carrying on of estate agency work or letting agency work, ... by a firm or a sole practitioner who carries on, or whose employees carry on, such work;

(q) the trading in goods (including dealing as an auctioneer) whenever a transaction involves the making or receipt of a payment or payments in cash of at least £10,000 in total, whether the transaction is executed in a single operation or in several operations which appear to be linked, by a firm or sole trader who by way of business trades in goods;

(r) operating a casino under a casino operating licence (within the meaning given by section 65(2) of the Gambling Act 2005 (nature of licence)).

(s) the auctioning by an auction platform of two-day spot or five-day futures, within the meanings given by Article 3 of the Emission Allowance Auctioning Regulation.

(t) bidding directly, on behalf of clients, in auctions of emissions allowances in accordance with the Emission Allowance Auctioning Regulation.

(u) the carrying on of activities by a firm or sole practitioner when it—

(i) by way of business trades in, or acts as an intermediary in the sale or purchase of, works of art and the value of the transaction, or a series of linked transactions, amounts to £10,000 or more; or

(ii) is the operator of a freeport when it, or any other firm or sole practitioner, stores works of art in the freeport and the value of the works of art so stored for a person, or a series of linked persons, amounts to £10,000 or more;

(v) the carrying on of activities by a firm or individual when acting as a cryptoasset exchange provider or custodian wallet provider.

(2) For the purposes of sub-paragraph (1)(a) and (b) “credit institution” means—

(a) a credit institution as defined in Article 4(1)(1) of the Capital Requirements Regulation; or

(b) a branch (within the meaning of Article 4(1)(17) of that Regulation) located in the United Kingdom of an institution falling within paragraph (a) (or of an equivalent institution in any other State) wherever its head office is located.

(2A) For the purposes of sub-paragraph (1)(c), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

(3) For the purposes of sub-paragraph (1)(n) a person participates in a transaction by assisting in the planning or execution of the transaction or otherwise acting for or on behalf of a client in the transaction.

(4) The services referred to in sub-paragraph (1)(o) are—

(a) forming companies or other legal persons;

(ab) selling an off-the-shelf firm;

(b) acting, or arranging for another person to act—

(i) as a director or secretary of a company;

(ii) as a partner of a partnership; or

(iii) in a similar position in relation to other legal persons;

(c) providing a registered office, business address, correspondence or administrative address or other related services for a company, partnership or any other legal person or arrangement;

(d) acting, or arranging for another person to act, as—

(i) a trustee of an express trust or similar legal arrangement; or

(ii) a nominee shareholder for a person other than a company whose securities are listed on a regulated market.

(4A) For the purposes of sub-paragraph (4)(ab), an “off-the-shelf firm” means a firm that either—

(a) does not carry on business; or

(b) carries on business but such business is not the main activity carried on by the firm or sole practitioner selling the firm.

(5) For the purposes of sub-paragraph (4)(d) “regulated market” has the meaning given by regulation 3(1) (general interpretation) of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692).

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) For the purposes of sub-paragraph (1)(p) “estate agency work” is to be read in accordance with section 1 of the Estate Agents Act 1979 (estate agency work), but for those purposes references in that section to disposing of or acquiring an interest in land are (despite anything in section 2 of that Act) to be taken to include references to disposing of or acquiring an estate or interest in land outside the United Kingdom where that estate or interest is capable of being owned or held as a separate interest.

(6B) For the purposes of sub-paragraph (1)(p) “letting agency work” means work—

(a) consisting of things done in response to instructions received from—

(i) a person (a “prospective landlord”) seeking to find another person to whom to let land, or

(ii) a person (a “prospective tenant”) seeking to find land to rent, and

(b) done in a case where an agreement is concluded for the letting of land—

(i) for a term of a month or more, and

(ii) at a rent which during at least part of the term is, or is equivalent to, a monthly rent of £10,000 or more.

(6C) For the purposes of sub-paragraph (1)(p) “letting agency work” does not include the things listed in sub-paragraph (6D) when done by, or by employees of, a firm or sole practitioner if neither the firm or sole practitioner, nor any of their employees, does anything else within sub-paragraph (6B).

(6D) Those things are—

(a) publishing advertisements or disseminating information;

(b) providing a means by which a prospective landlord or a prospective tenant can, in response to an advertisement or dissemination of information, make direct contact with a prospective tenant or a prospective landlord;

(d) the provision of legal or notarial services by a barrister, advocate, solicitor or other legal representative communications with whom may be the subject of a claim to professional privilege or, in Scotland, protected from disclosure in legal proceedings on grounds of confidentiality of communication.

(6E) In sub-paragraph (6B) “land” includes part of a building and part of any other structure.

(7) For the purposes of sub-paragraphs (1)(j) and (l) to (q) and (6C) “firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate and a partnership or other unincorporated association.

(8) For the purposes of sub-paragraph (1)(q) “cash” means notes, coins or travellers' cheques in any currency.

(9) For the purposes of sub-paragraph (1)(s) “auction platform” means a platform on which auctions of emissions allowances are held in accordance with the Emission Allowance Auctioning Regulation.

(10) For the purposes of sub-paragraph (1)(u), “work of art” means anything which, in accordance with section 21(6) to (6B) of the Value Added Tax Act 1994 (value of imported goods), is a work of art for the purposes of section 21(5)(a) of that Act.

(11) For the purposes of sub-paragraph (1)(u), “freeport” means a warehouse or storage facility within an area designated by the Treasury as a special area for customs purposes pursuant to section 100A(1) of the Customs and Excise Management Act 1979.

(12) For the purposes of sub-paragraph (1)(v)—

(a) “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—

(i) exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,

(ii) exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or

(iii) operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets;

(b) “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—

(i) cryptoassets on behalf of its customers, or

(ii) private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.

(13) For the purposes of sub-paragraph (12)—

(a) “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically;

(b) “money” means—

(i) money in sterling,

(ii) money in any other currency, or

(iii) money in any other medium of exchange,

but does not include a cryptoasset; and

(c) in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset.

Excluded activities

2

(1) A business is not in the regulated sector to the extent that it consists of—

(a) the issuing of withdrawable share capital within the limit set by section 24 of the Co-operative and Community Benefit Societies Act 2014 (maximum interest in a society's withdrawable shares), or the acceptance of deposits from the public within the limit set by section 67(2) of that Act (carrying on of banking by societies), by a society registered under that Act;

(b) the issuing of withdrawable share capital within the limit set by section 6 of the Industrial and Provident Societies Act (Northern Ireland) 1969 (maximum shareholding in society), or the acceptance of deposits from the public within the limit set by section 7(3) of that Act (carrying on of banking by societies), by a society registered under that Act;

(c) the carrying on of any activity in respect of which a person who is (or falls within a class of persons) specified in any of paragraphs 2 to 23, 26 to 38 , 40 to 49 or 58 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 is exempt;

(d) the exercise of the functions specified in section 45 of the Financial Services Act 1986 (miscellaneous exemptions) by a person who was an exempted person for the purposes of that section immediately before its repeal;...

(e) the engaging in financial activity which fulfils all of the conditions set out in paragraphs (a) to (g) of sub-paragraph (3) of this paragraph by a person whose main activity is that of a high value dealer; ...

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the carrying on by a local authority (within the meaning given in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001) of an activity which would be a regulated activity for the purposes of the Financial Services and Markets Act 2000 but for article 72G of that Order; or

(h) the preparation of a home report, which for these purposes means the documents prescribed for the purposes of sections 98, 99(1) or 101(2) of the Housing (Scotland) Act 2006.

(2) For the purposes of sub-paragraph (1)(e) a “high value dealer” means a person mentioned in paragraph 1(1)(q) when carrying on the activities mentioned in that paragraph.

(3) A business is not in the regulated sector to the extent that it consists of financial activity if—

(a) the person's total annual turnover in respect of the financial activity does not exceed £100,000;

(b) the financial activity is limited in relation to any customer to no more than one transaction exceeding £1,000, whether the transaction is carried out in a single operation, or a series of operations which appear to be linked;

(d) the financial activity is ancillary to the person's main activity and directly related to that activity;

(e) the financial activity is not the transmission or remittance of money (or any representation of monetary value) by any means;

(f) the main activity of the person carrying on the financial activity is not an activity mentioned in paragraph 1(1)(a) to (p) or (r) to (t); and

(g) the financial activity is provided only to customers of the person's main activity and is not offered to the public.

(4) A business is not in the regulated sector if it is carried on by—

(a) the Auditor General for Scotland;

(b) the Auditor General for Wales;

(d) the Comptroller and Auditor General;

(e) the Comptroller and Auditor General for Northern Ireland;

(f) the Official Solicitor to the Supreme Court, when acting as trustee in his official capacity; or

(g) the Treasury Solicitor.

Interpretation

3

(1) In this Part—

“the Capital Requirements Regulation” means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms;

“the Emission Allowance Auctioning Regulation” means Commission Regulation (EU) No. 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community;

“the Markets in Financial Instruments Directive” means directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments.

“the Solvency 2 Directive” means Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II).

(2) In this Part references to amounts in euros include references to equivalent amounts in another currency.

(3) Terms used in this Part and in the Capital Requirements Regulation ... or the Markets in Financial Instruments Directive have the same meaning in this Part as in that Regulation or in that Directive.

PART 2 — SUPERVISORY AUTHORITIES

4

(1) The following bodies are supervisory authorities—

(a) the Commissioners for Her Majesty's Revenue and Customs;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the Gambling Commission;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ea) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and

(g) the professional bodies listed in sub-paragraph (2).

(2) The professional bodies referred to in sub-paragraph (1)(g) are—

(a) the Association of Accounting Technicians;

(b) the Association of Chartered Certified Accountants;

(d) the Association of Taxation Technicians;

(da) the Chartered Institute of Legal Executives;

(e) the Chartered Institute of Management Accountants;

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) the Chartered Institute of Taxation;

(h) the Council for Licensed Conveyancers;

(i) the Faculty of Advocates;

(j) the Faculty Office of the Archbishop of Canterbury;

(k) the General Council of the Bar;

(l) the General Council of the Bar of Northern Ireland;

(m) the Insolvency Practitioners Association;

(n) the Institute of Certified Bookkeepers;

(o) the Institute of Chartered Accountants in England and Wales;

(p) the Institute of Chartered Accountants in Ireland;

(q) the Institute of Chartered Accountants of Scotland;

(r) the Institute of Financial Accountants;

(s) the International Association of Book-keepers;

(t) the Law Society;

(u) the Law Society for Northern Ireland; and

(v) the Law Society of Scotland.

PART 3 — POWER TO AMEND

5

(1) The Treasury may by order amend Part 1 or 2 of this Schedule.

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Terrorism Act 2000

Sections 108 and 109: supplementary.

110

Forfeiture orders.

111

Duration of Part VII

Expiry and revival.

112

Transitional provisions.

113

Part VIII — General

Police powers.

114

Officers’ powers.

115

Powers to stop and search.

116

Consent to prosecution.

117

Defences.

118

Crown servants, regulators, &c.

119

Evidence.

120

Supplementary powers of forfeiture

120A

Offences in relation to counter-terrorism financial investigators

120B

Enforcement of orders in other parts of United Kingdom

120C

Interpretation.

121

Index of defined expressions.

122

Orders and regulations.

123

Directions.

124

Amendments and repeals.

125

Report to Parliament.

126

Money.

127

Commencement.

128

Transitional provisions.

129

Extent.

130

Short title.

131

SCHEDULE 1 — Northern Ireland (Emergency Provisions) Act 1996

Temporary extension

1

2

3

4

5

6

Amendments during temporary extension

7

8

9

10

11

12

SCHEDULE 2 — Proscribed Organisations

SCHEDULE 3 — The Proscribed Organisations Appeal Commission

Constitution and administration

1

2

3

Procedure

4

5

6

7

7A