Terrorism Act 2006

• (b) if forfeited, may be destroyed or otherwise disposed of by a constable in whatever manner he thinks fit.

• (6) In Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers which relate to the seizure of property in bulk)—

• (a) in Part 1, at the end insert—

(73H) The power of seizure conferred by section 28 of the Terrorism Act 2006.

• (b) in Part 3, at the end insert—

(113) The power of seizure conferred by section 28 of the Terrorism Act 2006.

• (7) Nothing in—

• (a) the Police (Property) Act 1897 (c. 30) (property seized in the investigation of an offence), or

• (b) section 31 of the Police (Northern Ireland) Act 1998 (c. 32) (which makes similar provision in Northern Ireland),

applies to an article seized under the authority of a warrant under this section.

• (8) Schedule 2 (which makes provision about the forfeiture of articles to which this section applies) has effect.

• (9) In this section—

• “article” has the same meaning as in Part 1 of this Act;

• “forfeited” means treated or condemned as forfeited under Schedule 2, and “forfeiture” is to be construed accordingly;

• “premises” has the same meaning as in the Police and Criminal Evidence Act 1984 (c. 60) (see section 23 of that Act).

• (10) In the application of this section to Scotland—

• (a) in subsection (1), for the words from the beginning to “satisfied” substitute “ If a sheriff, on the application of a procurator fiscal, is satisfied ”;

• (b) in subsection (5) omit “on an information laid by or on behalf of the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland”;

• (c) in subsection (9), for the definition of ‘ “premises” substitute—

‘premises’ has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 121 of that Act).

Power to search vehicles under Schedule 7 to the Terrorism Act 2000

29

In paragraph 8 of Schedule 7 to the Terrorism Act 2000 (c. 11) (search of a person at a port or in the border area to ascertain if he is involved in terrorism), after sub-paragraph (1)(d) insert—

(e) search a vehicle which is on a ship or aircraft; (f) search a vehicle which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft.

Extension to internal waters of authorisations to stop and search

30

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

Other investigatory powers

Amendment of the Intelligence Services Act 1994

31

• (1) The Intelligence Services Act 1994 (c. 13) is amended as follows.

• (2) In subsection (1) of section 6 (persons under whose hand a warrant to act within the British Islands may be issued), after paragraph (c) insert

or (d) in an urgent case where the Secretary of State has expressly authorised the issue of warrants in accordance with this paragraph by specified senior officials and a statement of that fact is endorsed on the warrant, under the hand of any of the specified officials.

• (3) After that subsection insert—

(1A) But a warrant issued in accordance with subsection (1)(d) may authorise the taking of an action only if the action is an action in relation to property which, immediately before the issue of the warrant, would, if done outside the British Islands, have been authorised by virtue of an authorisation under section 7 that was in force at that time.” (1B) A senior official who issues a warrant in accordance with subsection (1)(d) must inform the Secretary of State about the issue of the warrant as soon as practicable after issuing it.

• (4) In subsection (2)(b) of that section (duration of warrants issued by senior officials), for “second” substitute “ fifth ”.

• (5) In subsection (6)(b) of section 7 (duration of authorisations to act outside the British Islands that are issued by senior officials), for “second” substitute “ fifth ”.

• (6) After subsection (9) of that section insert—

(10) Where— (a) a person is authorised by virtue of this section to do an act outside the British Islands in relation to property, (b) the act is one which, in relation to property within the British Islands, is capable of being authorised by a warrant under section 5, (c) a person authorised by virtue of this section to do that act outside the British Islands, does the act in relation to that property while it is within the British Islands, and (d) the act is done in circumstances falling within subsection (11) or (12), this section shall have effect as if the act were done outside the British Islands in relation to that property. (11) An act is done in circumstances falling within this subsection if it is done in relation to the property at a time when it is believed to be outside the British Islands. (12) An act is done in circumstances falling within this subsection if it — (a) is done in relation to property which was mistakenly believed to be outside the British Islands either when the authorisation under this section was given or at a subsequent time or which has been brought within the British Islands since the giving of the authorisation; but (b) is done before the end of the fifth working day after the day on which the presence of the property in the British Islands first becomes known. (13) In subsection (12) the reference to the day on which the presence of the property in the British Islands first becomes known is a reference to the day on which it first appears to a member of the Intelligence Service or of GCHQ, after the relevant time— (a) that the belief that the property was outside the British Islands was mistaken; or (b) that the property is within those Islands. (14) In subsection (13) ‘the relevant time’ means, as the case may be— (a) the time of the mistaken belief mentioned in subsection (12)(a); or (b) the time at which the property was, or was most recently, brought within the British Islands.

Interception warrants

32

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

Disclosure notices for the purposes of terrorist investigations

33

• (1) In section 60 of the Serious Organised Crime and Police Act 2005 (c. 15) (investigatory powers of DPP etc.), in subsection (1), after “applies” insert “ or in connection with a terrorist investigation ”.

• (2) After subsection (6) of that section insert—

(7) In this Chapter ‘terrorist investigation’ means an investigation of— (a) the commission, preparation or instigation of acts of terrorism, (b) any act or omission which appears to have been for the purposes of terrorism and which consists in or involves the commission, preparation or instigation of an offence, or (c) the commission, preparation or instigation of an offence under the Terrorism Act 2000 (c. 11) or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act.

• (3) In section 62 of that Act (disclosure notices), insert—

(1A) If it appears to the Investigating Authority— (a) that any person has information (whether or not contained in a document) which relates to a matter relevant to a terrorist investigation, and (b) that there are reasonable grounds for believing that information which may be provided by that person in compliance with a disclosure notice is likely to be of substantial value (whether or not by itself) to that investigation, he may give, or authorise an appropriate person to give, a disclosure notice to that person.

• (4) In section 70(1) of that Act (interpretation of Chapter 1)—

• (a) before the definition of “appropriate person” insert—

‘act of terrorism’ includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);

• (b) after the definition of “document” insert—

‘terrorism’ has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act); ‘terrorist investigation’ has the meaning given by section 60(7).

Definition of terrorism etc.

Amendment of the definition of “terrorism” etc.

34

In each of—

• (a) section 1(1)(b) of the Terrorism Act 2000 (c. 11) (under which actions and threats designed to influence a government may be terrorism), and

• (b) section 113(1)(c) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (offence of using noxious substances or things to influence a government or to intimidate),

after “government” insert “ or an international governmental organisation ”.

Other amendments

Applications for extended detention of seized cash

35

• (1) In paragraph 3 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (application relating to period of detention of seized terrorist cash), after sub-paragraph (3) insert—

(3A) An application to a justice of the peace or the sheriff for an order under sub-paragraph (2) making the first extension of the period— (a) may be made and heard without notice of the application or hearing having been given to any of the persons affected by the application or to the legal representative of such a person, and (b) may be heard and determined in private in the absence of persons so affected and of their legal representatives.

• (2) This section applies to applications made after the commencement of this section.

Part 3 — Supplemental provisions

Review of terrorism legislation

36

• (1) The Secretary of State must appoint a person to review the operation of the provisions of the Terrorism Act 2000 and of Part 1 of this Act.

• (2) That person may, from time to time, carry out—

• (a) a review of the provisions of the Terrorism Act 2000, and

• (b) a review of the provisions of Part 1 of this Act,

and, where he does so, must send a report on the outcome of his review to the Secretary of State as soon as reasonably practicable after completing the review.

• (2A) A review under subsection (2) may, in particular, consider whether—

• (a) the requirements imposed by or under Part 1 or 2, or paragraph 37, of Schedule 8 to the Terrorism Act 2000 (detention of suspected terrorists), and

• (b) the requirements imposed by any relevant code of practice under section 66 of the Police and Criminal Evidence Act 1984 or Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12)),

have been complied with in relation to persons detained under section 41 of the Terrorism Act 2000 pursuant to a warrant of further detention issued under Part 3 of Schedule 8 to that Act.

• (3) The person appointed under subsection (1) must carry out and report on his first review under subsection (2) before the end of the period of 12 months after the laying before Parliament of the last report to be so laid under section 126 of the Terrorism Act 2000 before the commencement of this section.

• (4) That person must carry out and report on a review under subsection (2)(a) at least once in every twelve month period ending with an anniversary of the end of the twelve month period mentioned in subsection (3).

• (4A) The person appointed under subsection (1) must ensure that a review is carried out (whether by that person or another person) into any case where the period specified in a warrant of further detention issued under Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of terrorist suspects) is further extended by virtue of paragraph 36 of that Schedule to a time that is more than 14 days after the relevant time (within the meaning of that paragraph).

• (4B) The person appointed under subsection (1) must ensure that a report on the outcome of the review is sent to the Secretary of State as soon as reasonably practicable after the completion of the review.

• (4C) In each calendar year the person appointed under subsection (1) must, by 31 January, inform the Secretary of State what (if any) reviews under subsection (2)(b) the person intends to carry out in that year.

Those reviews must be completed during that year or as soon as reasonably practicable after the end of it.

• (5) On receiving a report under this section, the Secretary of State must lay a copy of it before Parliamentas soon as the Secretary of State is satisfied that doing so will not prejudice any criminal proceedings.

• (6) The Secretary of State may, out of money provided by Parliament, pay a person appointed under subsection (1), both his expenses and also such allowances as the Secretary of State determines.

• (6A) The expenses mentioned in subsection (6) include, in particular, any expenses incurred by the person appointed under subsection (1) in ensuring that another person carries out a review of the kind mentioned in subsection (4A) and reports on it.

Consequential amendments and repeals

37

• (1) In section 32(e) of the Terrorism Act 2000 (c. 11) (meaning of “terrorist investigation”), after “offence under this Act” insert “ or under Part 1 of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act ”.

• (2) In section 117 of that Act (consents to prosecutions), for subsection (3) substitute—

(2A) But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, 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.

• (3) After section 120 of that Act insert—

(120A) (1) Where court makes an order under section 54, 58 or 103 for the forfeiture of anything, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture. (2) That provision may include, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited. (3) Provision made by virtue of this section may be varied at any time by the court that made it.

• (4) In Part 1 of Schedule 9 to that Act (scheduled offences), at the end insert—

(22C) Offences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).

• (5) The enactments listed in column 1 of Schedule 3 are repealed to the extent set out in column 2 of that Schedule.

Expenses

38

There shall be paid out of money provided by Parliament any increase attributable to this Act in the sums payable out of such money under any other Act.

Short title, commencement and extent

39

• (1) This Act may be cited as the Terrorism Act 2006.

• (2) This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.

• (3) An order made under subsection (2) may make different provision for different purposes.

• (4) Subject to section 17(6), an amendment or repeal by this Act of another enactment has the same extent as the enactment amended or repealed.

• (5) Subject to section 17(6) and to subsection (4) of this section, this Act extends to the whole of the United Kingdom.

• (6) Her Majesty may by Order in Council direct that any provisions of this Act shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

• (7) In subsection (6) “modification” includes omissions, additions and alterations.

SCHEDULE 1

Explosives offences

1

• (1) Subject to sub-paragraph (3), an offence under any of sections 28 to 30 of the Offences against the Person Act 1861 (c. 100) (causing injury by explosions, causing explosions and handling or placing explosives).

• (2) Subject to sub-paragraph (3), an offence under any of the following provisions of the Explosive Substances Act 1883 (c. 3)—

• (a) section 2 (causing an explosion likely to endanger life);

• (b) section 3 (preparation of explosions);

• (c) section 5 (ancillary offences).

• (3) An offence in or as regards Scotland is a Convention offence by virtue of this paragraph only if it consists in—37

• (a) the doing of an act as an act of terrorism; or

• (b) an action for the purposes of terrorism.

Biological weapons

2

An offence under section 1 of the Biological Weapons Act 1974 (c. 6) (development etc. of biological weapons).

Offences against internationally protected persons

3

• (1) Subject to sub-paragraph (4), an offence mentioned in section 1(1)(a) of the Internationally Protected Persons Act 1978 (c. 17) (attacks against protected persons committed outside the United Kingdom) which is committed (whether in the United Kingdom or elsewhere) in relation to a protected person.

• (2) Subject to sub-paragraph (4), an offence mentioned in section 1(1)(b) of that Act (attacks on relevant premises etc.) which is committed (whether in the United Kingdom or elsewhere) in connection with an attack—

• (a) on relevant premises or on a vehicle ordinarily used by a protected person, and

• (b) at a time when a protected person is in or on the premises or vehicle.

• (3) Subject to sub-paragraph (4), an offence under section 1(3) of that Act (threats etc. in relation to protected persons).

• (4) An offence in or as regards Scotland is a Convention offence by virtue of this paragraph only if it consists in—

• (a) the doing of an act as an act of terrorism; or

• (b) an action for the purposes of terrorism.

• (5) Expressions used in this paragraph and section 1 of that Act have the same meanings in this paragraph as in that section.

Hostage-taking

4

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28) (hostage-taking).

Hijacking and other offences against aircraft

5

Offences under any of the following provisions of the Aviation Security Act 1982 (c. 36)—

• (a) section 1 (hijacking);

• (b) section 2 (destroying, damaging or endangering safety of aircraft);

• (c) section 3 (other acts endangering or likely to endanger safety of aircraft);

• (d) section 6(2) (ancillary offences).

Offences involving nuclear material

6

• (1) An offence mentioned in section 1(1)(a) to (d) of the Nuclear Material (Offences) Act 1983 (c. 18) (offences in relation to nuclear material committed outside the United Kingdom) which is committed (whether in the United Kingdom or elsewhere) in relation to or by means of nuclear material.

• (2) An offence mentioned in section 1(1)(a) or (b) of that Act where the act making the person guilty of the offence (whether done in the United Kingdom or elsewhere)—

• (a) is directed at a nuclear facility or interferes with the operation of such a facility, and

• (b) causes death, injury or damage resulting from the emission of ionising radiation or the release of radioactive material.

• (3) An offence under any of the following provisions of that Act—

• (a) section 1B (offences relating to damage to environment);

• (b) section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction);

• (c) section 2 (offences involving preparatory acts and threats).

• (4) Expressions used in this paragraph and that Act have the same meanings in this paragraph as in that Act.

Offences under the Aviation and Maritime Security Act 1990 (c. 31)

7

Offences under any of the following provisions of the Aviation and Maritime Security Act 1990—

• (a) section 1 (endangering safety at aerodromes);

• (b) section 9 (hijacking of ships);

• (c) section 10 (seizing or exercising control of fixed platforms);

• (d) section 11 (destroying ships or fixed platforms or endangering their safety);

• (e) section 12 (other acts endangering or likely to endanger safe navigation);

• (f) section 13 (offences involving threats relating to ships or fixed platforms);

• (g) section 14 (ancillary offences).

Offences involving chemical weapons

8

An offence under section 2 of the Chemical Weapons Act 1996 (c. 6) (use, development etc. of chemical weapons).

Terrorist funds

9

An offence under any of the following provisions of the Terrorism Act 2000 (c. 11)—

• (a) section 15 (terrorist fund-raising);

• (b) section 16 (use or possession of terrorist funds);

• (c) section 17 (funding arrangements for terrorism);

• (d) section 18 (money laundering of terrorist funds).

Directing terrorist organisations

10

An offence under section 56 of the Terrorism Act 2000 (directing a terrorist organisation).

Offences involving nuclear weapons

11

An offence under section 47 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (use, development etc. of nuclear weapons).

Conspiracy etc.

12

Any of the following offences—

• (a) conspiracy to commit a Convention offence;

• (b) inciting the commission of a Convention offence;

• (c) attempting to commit a Convention offence;

• (d) aiding, abetting, counselling or procuring the commission of a Convention offence.

SCHEDULE 2

Application of Schedule

1

This Schedule applies where an article—

• (a) has been seized under the authority of a warrant under section 28; and

• (b) is being retained in the custody of a constable (“the relevant constable”).

Notice of seizure

2

• (1) The relevant constable must give notice of the article's seizure to—

• (a) every person whom he believes to have been the owner of the article, or one of its owners, at the time of the seizure; and

• (b) if there is no such person or it is not reasonably practicable to give him notice, every person whom the relevant constable believes to have been an occupier at that time of the premises where the article was seized.

• (2) The notice must set out what has been seized and the grounds for the seizure.

• (3) The notice may be given to a person only by—

• (a) delivering it to him personally;

• (b) addressing it to him and leaving it for him at the appropriate address; or

• (c) addressing it to him and sending it to him at that address by post.

• (4) But where it is not practicable to give a notice in accordance with sub-paragraph (3), a notice given by virtue of sub-paragraph (1)(b) to the occupier of the premises where the article was seized may be given by—

• (a) addressing it to “the occupier” of those premises, without naming him; and

• (b) leaving it for him at those premises or sending it to him at those premises by post.

• (5) An article may be treated or condemned as forfeited under this Schedule only if—

• (a) the requirements of this paragraph have been complied with in the case of that article; or

• (b) it was not reasonably practicable for them to be complied with.

• (6) In this paragraph “the appropriate address”, in relation to a person, means—

• (a) in the case of a body corporate, its registered or principal office in the United Kingdom;

• (b) in the case of a firm, the principal office of the partnership;

• (c) in the case of an unincorporated body or association, the principal office of the body or association; and

• (d) in any other case, his usual or last known place of residence in the United Kingdom or his last known place of business in the United Kingdom.

• (7) In the case of—

• (a) a company registered outside the United Kingdom,

• (b) a firm carrying on business outside the United Kingdom, or

• (c) an unincorporated body or association with offices outside the United Kingdom,

the references in this paragraph to its principal office include references to its principal office within the United Kingdom (if any).

Notice of claim

3

• (1) A person claiming that the seized article is not liable to forfeiture may give notice of his claim to a constable at any police station in the police area in which the premises where the seizure took place are located.

• (2) Oral notice is not sufficient for these purposes.

4

• (1) A notice of claim may not be given more than one month after—

• (a) the day of the giving of the notice of seizure; or

• (b) if no such notice has been given, the day of the seizure.

• (2) A notice of claim must specify—

• (a) the name and address of the claimant; and

• (b) in the case of a claimant who is outside the United Kingdom, the name and address of a solicitor in the United Kingdom who is authorised to accept service, and to act, on behalf of the claimant.

• (3) Service upon a solicitor so specified is to be taken to be service on the claimant for the purposes of any proceedings by virtue of this Schedule.

• (4) In a case in which notice of the seizure was given to different persons on different days, the reference in this paragraph to the day on which that notice was given is a reference—

• (a) in relation to a person to whom notice of the seizure was given, to the day on which that notice was given to that person; and

• (b) in relation to any other person, to the day on which notice of the seizure was given to the last person to be given such a notice.

Automatic forfeiture in a case where no claim is made

5

The article is to be treated as forfeited if, by the end of the period for the giving of a notice of claim in respect of it—

• (a) no such notice has been given; or

• (b) the requirements of paragraphs 3 and 4 have not been complied with in relation to the only notice or notices of claim that have been given.

Forfeiture by the court in other cases

6

• (1) Where a notice of claim in respect of an article is duly given in accordance with paragraphs 3 and 4, the relevant constable must decide whether to take proceedings to ask the court to condemn the article as forfeited.

• (2) The decision whether to take such proceedings must be made as soon as reasonably practicable after the giving of the notice of claim.

• (3) If the relevant constable takes such proceedings and the court—

• (a) finds that the article was liable to forfeiture at the time of its seizure, and

• (b) is not satisfied that its forfeiture would be inappropriate,

the court must condemn the article as forfeited.

• (4) If that constable takes such proceedings and the court—

• (a) finds that the article was not liable to forfeiture at the time of its seizure, or

• (b) is satisfied that its forfeiture would be inappropriate,

the court must order the return of the article to the person who appears to the court to be entitled to it.

• (5) If the relevant constable decides not to take proceedings for condemnation in a case in which a notice of claim has been given, he must return the article to the person who appears to him to be the owner of the article, or to one of the persons who appear to him to be owners of it.

• (6) An article required to be returned in accordance with sub-paragraph (5) must be returned as soon as reasonably practicable after the decision not to take proceedings for condemnation.

Forfeiture proceedings

7

Proceedings by virtue of this Schedule are civil proceedings and may be instituted—

• (a) in England or Wales, either in the High Court or in a magistrates' court;

• (b) in Scotland, either in the Court of Session or in the sheriff court; and

• (c) in Northern Ireland, either in the High Court or in a court of summary jurisdiction.

8

Proceedings by virtue of this Schedule in—

• (a) a magistrates' court in England or Wales,

• (b) the sheriff court in Scotland, or

• (c) a court of summary jurisdiction in Northern Ireland,

may be instituted in that court only if it has jurisdiction in relation to the place where the article to which they relate was seized.

9

• (1) In proceedings by virtue of this Schedule that are instituted in England and Wales or Northern Ireland, the claimant or his solicitor must make his oath that, at the time of the seizure, the seized article was, or was to the best of his knowledge and belief, the property of the claimant.

• (2) In any such proceedings instituted in the High Court—

• (a) the court may require the claimant to give such security for the costs of the proceedings as may be determined by the court; and

• (b) the claimant must comply with any such requirement.

• (3) If a requirement of this paragraph is not complied with, the court must find against the claimant.

10

• (1) In the case of proceedings by virtue of this Schedule that are instituted in a magistrates' court in England or Wales, either party may appeal against the decision of that court to the Crown Court.

• (2) In the case of such proceedings that are instituted in a court of summary jurisdiction in Northern Ireland, either party may appeal against the decision of that court to the county court.

• (3) This paragraph does not affect any right to require the statement of a case for the opinion of the High Court.

11

Where an appeal has been made (whether by case stated or otherwise) against the decision of the court in proceedings by virtue of this Schedule in relation to an article, the article is to be left in the custody of a constable pending the final determination of the matter.

Effect of forfeiture

12

Where an article is treated or condemned as forfeited under this Schedule, the forfeiture is to be treated as having taken effect as from the time of the seizure.

Disposal of unclaimed property

13

• (1) This paragraph applies where the article seized under the authority of a warrant under section 28 is required to be returned to a person.

• (2) If—

• (a) the article is (without having been returned) still in the custody of a constable after the end of the period of 12 months beginning with the day after the requirement to return it arose, and

• (b) it is not practicable to dispose of the article by returning it immediately to the person to whom it is required to be returned,

the constable may dispose of it in any manner he thinks fit.

Provisions as to proof

14

In proceedings arising out of the seizure of an article, the fact, form and manner of the seizure is to be taken, without further evidence and unless the contrary is shown, to have been as set forth in the process.

15

In proceedings, the condemnation by a court of an article as forfeited under this Schedule may be proved by the production of either—

• (a) the order of condemnation; or

• (b) a certified copy of the order purporting to be signed by an officer of the court by which the order was made.

Special provisions as to certain claimants

16

• (1) This paragraph applies where, at the time of the seizure of the article, it was—

• (a) the property of a body corporate;

• (b) the property of two or more partners; or

• (c) the property of more than five persons.

• (2) The oath required by paragraph 9, and any other thing required by this Schedule or by rules of court to be done by an owner of the article, may be sworn or done by—

• (a) a person falling within sub-paragraph (3); or

• (b) a person authorised to act on behalf of a person so falling.

• (3) The persons falling within this sub-paragraph are—

• (a) where the owner is a body corporate, the secretary or some duly authorised officer of that body;

• (b) where the owners are in partnership, any one or more of the owners;

• (c) where there are more than five owners and they are not in partnership, any two or more of the owners acting on behalf of themselves and any of their co-owners who are not acting on their own behalf.

Saving for owner’s rights

17

Neither the imposition of a requirement by virtue of this Schedule to return an article to a person nor the return of an article to a person in accordance with such a requirement affects—

• (a) the rights in relation to that article of any other person; or

• (b) the right of any other person to enforce his rights against the person to whom it is returned.

Interpretation of Schedule

18

In this Schedule—

• “article” has the same meaning as in Part 1 of this Act;

• “the court” is to be construed in accordance with paragraph 7.

SCHEDULE 3

Encouragement of terrorism

Maximum penalty for possessing for terrorist purposes

Maximum penalty for certain offences relating to nuclear material

Preparatory hearings in terrorism cases

Commission of offences abroad

Liability of company directors etc.

Grounds of proscription

Name changes by proscribed organisations

Extension of period of detention of terrorist suspects

Grounds for extending detention

Expiry or renewal of extended maximum detention period

All premises warrants: England and Wales and Northern Ireland

All premises warrants: Scotland

Search, seizure and forfeiture of terrorist publications

Power to search vehicles under Schedule 7 to the Terrorism Act 2000

Extension to internal waters of authorisations to stop and search

Interception warrants

Disclosure notices for the purposes of terrorist investigations

Amendment of the definition of “terrorism” etc.

Applications for extended detention of seized cash

Review of terrorism legislation

Expenses

Explosives offences

Biological weapons

Offences against internationally protected persons

Hostage-taking

Hijacking and other offences against aircraft

Offences involving nuclear materialor nuclear facilities

Offences under the Aviation and Maritime Security Act 1990 (c. 31)

Offences involving chemical weapons

Terrorist funds

Directing terrorist organisations

Offences involving nuclear weapons

Conspiracy etc.

Application of Schedule

Notice of seizure

Notice of claim

Automatic forfeiture in a case where no claim is made

Forfeiture by the court in other cases

Forfeiture proceedings

Effect of forfeiture

Disposal of unclaimed property

Provisions as to proof

Special provisions as to certain claimants

Saving for owner's rights

Interpretation of Schedule

Editorial notes