Anti-terrorism, Crime and Security Act 2001

Certification: appeal

Meaning of racial hatred

Regulation of security of civil nuclear industry

Prohibition of disclosures relating to nuclear security

Trespass on aerodrome: penalty

Removal of intruder

Power to stop and search in anticipation of violence

Powers to require removal of disguises: Northern Ireland

Power to stop and search in anticipation of violence

Codes and agreements about the retention of communications data

Third pillar: supplemental

Third pillar: supplemental

Port and airport controls for domestic travel

Passenger information

Passenger information

Passenger information

Passenger information

Jurisdiction of transport police

Crown Court judges: Northern Ireland

Review of Act

Bribery and corruption committed outside the UK

Effect of report

Weapons training for terrorists

Port and airport controls for domestic travel

Port and airport controls for domestic travel

Review of Act

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Racial hatred offences: penalties

Searches, examinations and fingerprinting: Northern Ireland

Photographing of suspects etc.: Northern Ireland

Fingerprinting of terrorist suspects

Searches, examinations and fingerprinting: Northern Ireland

Jurisdiction of transport police

Crown Court judges: Northern Ireland

Review of Act

Information about acts of terrorism

Information about acts of terrorism

Passenger information

Effect of report

This repeal and this revocation have effect subject to section 42.

53A

Paragraph 8(1) of Schedule 10 to the National Health Service Act 2006 .

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Status of Commission

Meaning of fear and hatred

Power to stop and search in anticipation of violence

Effect of report

Review of Act

Passenger information

Review of Act

Information about acts of terrorism

Information about acts of terrorism

Review of Act

Review of Act

Meaning of fear and hatred

Other appeals

Denial of access: appeals

Other appeals

Powers to require removal of disguises: Northern Ireland

Interpretation

Effect of report

These repeals have effect subject to section 16(2).

Effect of report

Review of Act

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Saving

Effect of report

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Racial hatred offences: penalties

Hatred and fear offences: penalties

Offences in relation to counter-terrorism financial investigators

These repeals have effect subject to section 16(2).

Saving

Extraterritorial application of biological weapons offences

Duty to notify Secretary of State before keeping or using dangerous substances

Pathogens and toxins in relation to which requirements under Part 7 apply

Prohibition of disclosures of uranium enrichment technology

Passenger information

Offences in relation to counter-terrorism financial investigators

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Notes

Port and airport controls for domestic travel

This repeal and this revocation have effect subject to section 42.

80A

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

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Extended time for appealing in certain cases where deproscription order made

7A

• (1) This paragraph applies where—

• (a) a successful application for a forfeiture order relies (wholly or partly) on the fact that an organisation is proscribed,

• (b) an application under section 4 of the Terrorism Act 2000 for a deproscription order in respect of the organisation is refused by the Secretary of State,

• (c) the forfeited cash is seized under this Schedule on or after the date of the refusal of that application,

• (d) an appeal against that refusal is allowed under section 5 of that Act,

• (e) a deproscription order is made accordingly, and

• (f) if the order is made in reliance on section 123(5) of that Act, a resolution is passed by each House of Parliament under section 123(5)(b).

• (2) Where this paragraph applies, an appeal under paragraph 7 above against the forfeiture order may be brought at any time before the end of the period of 30 days beginning with the date on which the deproscription order comes into force.

• (3) In this paragraph a “deproscription order” means an order under section 3(3)(b) or (8) of the Terrorism Act 2000.

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

53D

Section 56(2) of the Postal Services Act 2011.

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

Terrorist property: amendments

Meaning of racial hatred

Hatred and fear offences: penalties

53E

Sections 34(2) and 35 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

53F

Paragraph 2 of Schedule 11 to the Local Audit and Accountability Act 2014.

Access to Justice (Northern Ireland) Order 2003

These repeals have effect subject to section 16(2).

This repeal and this revocation have effect subject to section 42.

PART 2A — Forfeiture of terrorist cash without court order

5A

• (1) This paragraph applies while any cash is detained in pursuance of an order under paragraph 3(2).

• (2) A senior officer may give a notice for the purpose of forfeiting the cash or any part of it if satisfied that the cash or part is terrorist cash.

• (3) A notice given under sub-paragraph (2) is referred to in this Schedule as a cash forfeiture notice.

• (4) A cash forfeiture notice must—

• (a) state the amount of cash in respect of which it is given,

• (b) state when and where the cash was seized,

• (c) confirm that the senior officer is satisfied as mentioned in sub-paragraph (2),

• (d) specify a period for objecting to the proposed forfeiture and an address to which any objections must be sent, and

• (e) explain that the cash will be forfeited unless an objection is received at that address within the period for objecting.

• (5) The period for objecting must be at least 30 days starting with the day after the notice is given.

• (6) The Secretary of State must by regulations made by statutory instrument make provision about how a cash forfeiture notice is to be given.

• (7) The regulations may (amongst other things) provide—

• (a) for a cash forfeiture notice to be given to such person or persons, and in such manner, as may be prescribed;

• (b) for a cash forfeiture notice to be given by publication in such manner as may be prescribed;

• (c) for circumstances in which, and the time at which, a cash forfeiture notice is to be treated as having been given.

• (8) The regulations must ensure that where a cash forfeiture notice is given it is, if possible, given to every person to whom notice of an order under paragraph 3(2) in respect of the cash has been given.

• (9) A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) In this Part of this Schedule—

• “senior officer” means—a senior police officer;an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer;an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer;

• “senior police officer” means a police officer of at least the rank of superintendent.

5B

• (1) This paragraph applies if a cash forfeiture notice is given in respect of any cash.

• (2) The cash is to be detained until—

• (a) the cash is forfeited under this paragraph,

• (b) the notice lapses under this paragraph, or

• (c) the cash is released under a power conferred by this Schedule.

• (3) If no objection is made within the period for objecting specified in the notice under paragraph 5A(4)(d), and the notice has not lapsed, the cash is forfeited (subject to paragraph 5D).

• (4) If an objection is made within the period for objecting, the notice lapses.

• (5) If an application is made for the forfeiture of the whole or any part of the cash under paragraph 6, the notice lapses.

• (6) If the cash or any part of it is released under a power conferred by this Schedule, the notice lapses or (as the case may be) lapses in relation to that part.

• (7) An objection may be made by anyone (whether a recipient of the notice or not).

• (8) An objection means a written objection sent to the address specified in the notice; and an objection is made when it is received at the address.

• (9) An objection does not prevent forfeiture of the cash under paragraph 6.

• (10) Nothing in this paragraph affects the validity of an order under paragraph 3(2).

5C

• (1) This paragraph applies if—

• (a) a cash forfeiture notice is given in respect of any cash,

• (b) the notice lapses under paragraph 5B(4), and

• (c) the period for which detention of the cash was authorised under paragraph 3(2) has expired.

• (2) The cash may be detained for a further period of up to 48 hours (calculated in accordance with paragraph 3(1A)).

• (3) But if within that period it is decided that neither of the applications mentioned in sub-paragraph (4) is to be made, the cash must be released.

• (4) The applications are—

• (a) an application for a further order under paragraph 3(2);

• (b) an application for forfeiture of the cash under paragraph 6.

• (5) If within that period an application is made for a further order under paragraph 3(2), the cash may be detained until the application is determined or otherwise disposed of.

5D

• (1) A person aggrieved by the forfeiture of cash in pursuance of paragraph 5B(3) may apply to a magistrates' court or (in Scotland) the sheriff for an order setting aside the forfeiture of the cash or any part of it.

• (2) The application must be made before the end of the period of 30 days starting with the day on which the period for objecting ended (“the 30-day period”).

• (3) But the court or sheriff may give permission for an application to be made after the 30-day period has ended if the court or sheriff thinks that there are exceptional circumstances to explain why the applicant—

• (a) failed to object to the forfeiture within the period for objecting, and

• (b) failed to make an application within the 30-day period.

• (4) On an application under this paragraph the court or sheriff must consider whether the cash to which the application relates could be forfeited under paragraph 6 (ignoring the forfeiture mentioned in sub-paragraph (1)).

• (5) If the court or sheriff is satisfied that the cash to which the application relates or any part of it could not be forfeited under that paragraph the court or sheriff must set aside the forfeiture of that cash or part.

• (6) Where the court or sheriff sets aside the forfeiture of any cash—

• (a) the court or sheriff must order the release of that cash, and

• (b) the cash is to be treated as never having been forfeited.

5E

• (1) This paragraph applies while any cash is detained under paragraph 5B or 5C.

• (2) The person from whom the cash was seized may apply to a magistrates' court or (in Scotland) the sheriff for the cash to be released.

• (3) On an application under sub-paragraph (2), the court or sheriff may direct the release of the cash or any part of it if not satisfied that the cash to be released is terrorist cash.

• (4) An authorised officer may release the cash or any part of it if satisfied that the detention of the cash to be released is no longer justified.

5F

• (1) Cash forfeited in pursuance of paragraph 5B(3), and any accrued interest on it—

• (a) if first detained in pursuance of an order under paragraph 3(2) made by a magistrates' court or a justice of the peace, is to be paid into the Consolidated Fund;

• (b) if first detained in pursuance of an order under paragraph 3(2) made by the sheriff, is to be paid into the Scottish Consolidated Fund.

• (2) But it is not to be paid in—

• (a) before the end of the period within which an application under paragraph 5D may be made (ignoring the possibility of an application by virtue of paragraph 5D(3)), or

• (b) if an application is made within that period, before the application is determined or otherwise disposed of.

Restrictions on release

9A

Cash is not to be released under any power or duty conferred or imposed by this Schedule (and so is to continue to be detained)—

• (a) if an application for its forfeiture under paragraph 6, or for its release under paragraph 9, is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;

• (b) if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the cash is connected, until the proceedings are concluded.

PART 4A — Forfeiture of terrorist assets

Definition of “listed asset”

10A

• (1) In this Part of this Schedule, a “listed asset” means an item of property that falls within one of the following descriptions of property—

• (a) precious metals;

• (b) precious stones;

• (c) watches;

• (d) artistic works;

• (e) face-value vouchers;

• (f) postage stamps.

• (2) The Secretary of State may by regulations made by statutory instrument amend sub-paragraph (1)—

• (a) by removing a description of property;

• (b) by adding a description of tangible personal (or corporeal moveable) property.

• (3) A statutory instrument containing regulations under sub-paragraph (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (4) In this paragraph—

• (a) “precious metal” means gold, silver or platinum (whether in an unmanufactured or a manufactured state);

• (b) “artistic work” means a piece of work falling within section 4(1)(a) of the Copyright, Designs and Patents Act 1988;

• (c) “face-value voucher” means a voucher in physical form that represents a right to receive goods or services to the value of an amount stated on it.

Seizure of listed assets

10B

• (1) An authorised officer may seize any item of property if the authorised officer has reasonable grounds for suspecting that—

• (a) it is a listed asset, and

• (b) it is within subsection (1)(a) or (b) of section 1 or it is property earmarked as terrorist property.

• (2) An authorised officer may also seize any item of property if—

• (a) the authorised officer has reasonable grounds for suspecting the item to be a listed asset,

• (b) the authorised officer has reasonable grounds for suspecting that part of the item is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property, and

• (c) it is not reasonably practicable to seize only that part.

Initial detention of seized property

10C

• (1) Property seized under paragraph 10B may be detained for an initial period of 48 hours.

• (2) Sub-paragraph (1) authorises the detention of property only for so long as an authorised officer continues to have reasonable grounds for suspicion in relation to that property as described in paragraph 10B(1) or (2) (as the case may be).

• (3) In calculating a period of hours for the purposes of this paragraph, no account shall be taken of—

• (a) any Saturday or Sunday,

• (b) Christmas Day,

• (c) Good Friday,

• (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom within which the property is seized, or

• (e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the property is seized.

Further detention of seized property

10D

• (1) The period for which property seized under paragraph 10B, or any part of that property, may be detained may be extended by an order made—

• (a) in England and Wales or Northern Ireland, by a magistrates' court;

• (b) in Scotland, by the sheriff.

• (2) An order under sub-paragraph (1) may not authorise the detention of any property—

• (a) beyond the end of the period of 6 months beginning with the date of the order, and

• (b) in the case of any further order under this paragraph, beyond the end of the period of 2 years beginning with the date of the first order.

• (3) A justice of the peace may also exercise the power of a magistrates' court to make the first order under sub-paragraph (1) extending a particular period of detention.

• (4) An application to a magistrates' court, a justice of the peace or the sheriff to make the first order under sub-paragraph (1) extending a particular period of detention—

• (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 representatives of such a person, and

• (b) may be heard and determined in private in the absence of persons so affected and of their legal representatives.

• (5) An application for an order under sub-paragraph (1) may be made—

• (a) in relation to England and Wales and Northern Ireland, by the Commissioners for Her Majesty's Revenue and Customs or an authorised officer;

• (b) in relation to Scotland, by a procurator fiscal.

• (6) The court, sheriff or justice may make the order if satisfied, in relation to the item of property to be further detained, that—

• (a) it is a listed asset, and

• (b) condition 1, condition 2 or condition 3 is met.

• (7) Condition 1 is that there are reasonable grounds for suspecting that the property is intended to be used for the purposes of terrorism and that either—

• (a) its continued detention is justified while its intended use is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or

• (b) proceedings against any person for an offence with which the property is connected have been started and have not been concluded.

• (8) Condition 2 is that there are reasonable grounds for suspecting that the property consists of resources of an organisation which is a proscribed organisation and that either—

• (a) its continued detention is justified while investigation is made into whether or not it consists of such resources or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or

• (b) proceedings against any person for an offence with which the property is connected have been started and have not been concluded.

• (9) Condition 3 is that there are reasonable grounds for suspecting that the property is property earmarked as terrorist property and that either—

• (a) its continued detention is justified while its derivation is further investigated or consideration is given to bringing (in the United Kingdom or elsewhere) proceedings against any person for an offence with which the property is connected, or

• (b) proceedings against any person for an offence with which the property is connected have been started and have not been concluded.

• (10) Where an application for an order under sub-paragraph (1) relates to an item of property seized under paragraph 10B(2), the court, sheriff or justice may make the order if satisfied that—

• (a) the item of property is a listed asset,

• (b) condition 1, 2 or 3 is met in respect of part of the item, and

• (c) it is not reasonably practicable to detain only that part.

• (11) An order under sub-paragraph (1) must provide for notice to be given to persons affected by it.

Testing and safekeeping of property seized under paragraph 10B

10E

• (1) An authorised officer may carry out (or arrange for the carrying out of) tests on any item of property seized under paragraph 10B for the purpose of establishing whether it is a listed asset.

• (2) An authorised officer must arrange for any item of property seized under paragraph 10B to be safely stored throughout the period during which it is detained under this Part of this Schedule.

Release of detained property

10F

• (1) This paragraph applies while any property is detained under this Part of this Schedule.

• (2) A magistrates' court or (in Scotland) the sheriff may direct the release of the whole or any part of the property if satisfied, on an application by the person from whom the property was seized, that the conditions in paragraph 10C or 10D (as the case may be) for the detention of the property are no longer met in relation to the property to be released.

• (3) An authorised officer or (in Scotland) a procurator fiscal may, after notifying the magistrates' court, sheriff or justice under whose order property is being detained, release the whole or any part of it if satisfied that the detention of the property to be released is no longer justified.

• (4) But property is not to be released under this paragraph—

• (a) if an application for its release under paragraph 10O is made, until any proceedings in pursuance of the application (including any proceedings on appeal) are concluded;

• (b) if (in the United Kingdom or elsewhere) proceedings are started against any person for an offence with which the property is connected, until the proceedings are concluded.

See also paragraph 10G(7).

Forfeiture

10G

• (1) While property is detained under this Part of this Schedule, an application for the forfeiture of the whole or any part of it may be made—

• (a) to a magistrates' court, by the Commissioners for Her Majesty's Revenue and Customs or an authorised officer;

• (b) to the sheriff, by the Scottish Ministers.

• (2) The court or sheriff may order the forfeiture of the property or any part of it if satisfied that—

• (a) the property is a listed asset, and

• (b) what is to be forfeited is within subsection (1)(a) or (b) of section 1 or is property earmarked as terrorist property.

• (3) An order under sub-paragraph (2) made by a magistrates' court may provide for payment under paragraph 10N of reasonable legal expenses that a person has reasonably incurred, or may reasonably incur, in respect of—

• (a) the proceedings in which the order is made, or

• (b) any related proceedings under this Part of this Schedule.