Legalize / United Kingdom / Public General Act

Counter-Terrorism Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2025-06-19

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(a) aiding, abetting, counselling or procuring the commission of the offence (or, in Scotland, being art and part in the commission of the offence);

(b) an offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging or assisting crime) in relation to the offence (or, in Scotland, inciting a person to commit the offence);

(2) In subsection (1)(b) the reference to an offence under Part 2 of the Serious Crime Act 2007 includes, in relation to times before the commencement of that Part, an offence of incitement under the law of England and Wales or Northern Ireland.

Meaning of “service court” and “service offence”

95

(1) In this Act “service court” means the Court Martial, the Service Civilian Court or the Court Martial Appeal Court.

(2) Until the commencement of the relevant provisions of the Armed Forces Act 2006 (c. 52), the following is substituted for subsection (1)—

(1) In this Act “service court” means— (a) a court-martial constituted under the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53); (b) the Courts-Martial Appeal Court; or (c) a Standing Civilian Court.

(3) In this Act “service offence” means an offence under—

(a) section 42 of the Armed Forces Act 2006,

(b) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(4) References in this Act to the “corresponding civil offence” in relation to a service offence are—

(a) in relation to an offence under section 42 of the Armed Forces Act 2006, to the corresponding offence under the law of England and Wales within the meaning of that section;

(b) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, to the corresponding civil offence within the meaning of that Act;

(c) in relation to an offence under section 42 of the Naval Discipline Act 1957, to the civil offence within the meaning of that section.

(5) Section 48 of the Armed Forces Act 2006 (c. 52) (supplementary provisions relating to ancillary service offences) applies for the purposes of subsection (4)(a) above as it applies for the purposes of the provisions of that Act referred to in subsection (3)(b) of that section.

Orders and regulations

96

(1) Orders and regulations under this Act must be made by statutory instrument.

(2) Orders or regulations under this Act may—

(a) make different provision for different cases or circumstances,

(b) include supplementary, incidental and consequential provision, and

(3) Any provision that may be made by regulations under this Act may be made by order; and any provision that may be made by order under this Act may be made by regulations.

Orders and regulations: affirmative and negative resolution procedure

97

(1) Where orders or regulations under this Act are subject to “affirmative resolution procedure” the order or regulations must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(2) Where orders or regulations under this Act are subject to “negative resolution procedure” the statutory instrument containing the order or regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) Provision that may be made by order or regulations under this Act for which no Parliamentary procedure is prescribed may be included in an instrument subject to negative or affirmative resolution procedure.

(4) Provision that may be made by order or regulations under this Act subject to negative resolution procedure may be included in an instrument subject to affirmative resolution procedure.

Financial provisions

98

(1) There shall be paid out of money provided by Parliament—

(a) any expenses of the Secretary of State under this Act, and

(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.

(2) There shall be paid into the Consolidated Fund—

(a) any sums received by the Secretary of State under this Act, and

(b) any increase attributable to this Act in the sums payable into that Fund under any other Act.

Repeals and revocations

99

The enactments specified in Schedule 9, which include enactments that are spent, are repealed or revoked to the extent specified.

Final provisions

Commencement

100

(1) The provisions of this Part, except section 99 and Schedule 9 (repeals and revocations), come into force on the day this Act is passed.

(2) Part 5 (terrorist financing and money laundering) and Part 6 (financial restrictions proceedings) come into force on the day after the day on which this Act is passed.

(3) Sections 85 to 90 (costs of policing at gas facilities) come into force at the end of the period of two months beginning with the day on which this Act is passed.

(4) Section 91 (appointment of special advocates in Northern Ireland) comes into force in accordance with subsection (3) of that section.

(5) The other provisions of this Act come into force on such day as may be appointed by order of the Secretary of State.

(6) The Secretary of State may by order make such transitional provision and savings as appears necessary or expedient in connection with the commencement of any provision of this Act.

Extent

101

(1) Except as otherwise provided—

(a) an amendment or repeal by this Act has the same extent as the enactment amended or repealed; and

(b) any other provisions of this Act—

(i) extend to the whole of the United Kingdom, and

(ii) do not extend to any country or territory outside the United Kingdom.

(2) Nothing in this section shall be read as restricting the application of any provision of this Act in relation to service courts or service offences.

Short title

102

The short title of this Act is the Counter-Terrorism Act 2008.

SCHEDULE 1

Anti-terrorism, Crime and Security Act 2001 (c. 24)

1

In section 19(2) of the Anti-terrorism, Crime and Security Act 2001 (disclosure of information held by revenue departments), omit paragraph (a).

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

2

(1) The Representation of the People (England and Wales) Regulations 2001 are amended as follows.

(2) In regulation 45E (supply of record of anonymous entries to the security services), omit paragraphs (3) and (4).

(3) In regulation 102(6) (supply of full register: general restrictions on use), for “regulations 103 to 109” substitute “ regulations 103 to 108 or 109 ”.

(4) After regulation 108 insert—

(108A) (1) This regulation applies to— (a) the Security Service; (b) the Government Communications Headquarters; (c) the Secret Intelligence Service. (2) For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision is the whole of them.

(5) In regulation 109 (supply of full register etc to police force and other agencies and restrictions on use), omit—

(a) paragraph (1)(g) to (i);

(b) in paragraph (4)(a), the words preceding paragraph (i);

(6) In regulation 113 (sale of full register to government departments and other bodies)—

(a) in the closing words of paragraph (1), after “other than” insert “ a department to which regulation 108A applies or ”;

(b) in paragraph (3) for “regulation 109(1)(g) to (i),” substitute “ regulation 108A ”.

(7) In regulation 115(2) (offences) omit “45E(3),”.

(8) For regulation 118(8) (provision of copies of documents open to public inspection) substitute insert—

(8) The relevant registration officer shall, on request, supply free of charge copies of any documents open to public inspection— (a) to each of the departments mentioned in regulation 108A; (b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 109 applies.

(9) In regulation 119(3) for “regulation 118(8)” substitute “ regulation 118(8)(b) ”.

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

3

(1) The Representation of the People (Scotland) Regulations 2001 are amended as follows.

(2) In regulation 45D (supply of record of anonymous entries to the security services), omit paragraphs (3) and (4).

(3) In regulation 101(6) (supply of full register: general restrictions on use), for “regulations 102 to 108” substitute “ regulations 102 to 107 or 108 ”.

(4) After regulation 107 insert—

(107A) (1) This regulation applies to— (a) the Security Service; (b) the Government Communications Headquarters; (c) the Secret Intelligence Service. (2) For the purposes of regulation 101(1) above the relevant part of the documents listed in that provision is the whole of them.

(5) In regulation 108 (supply of full register etc to police force and other agencies and restrictions on use), omit—

(a) paragraph (1)(g) to (i);

(b) in paragraph (4)(a), the words preceding paragraph (i);

(6) In regulation 112 (sale of full register to government departments and other bodies)—

(a) in the closing words of paragraph (1), after “other than” insert “ a department to which regulation 107A applies or ”;

(b) in paragraph (3) for “regulation 108(1)(g) to (i),” substitute “ regulation 107A ”.

(7) In regulation 115(2) (offences) omit “45D(3),”.

(8) For regulation 118(8) (provision of copies of documents open to public inspection) substitute—

(8) The relevant registration officer shall, on request, supply free of charge copies of any documents open to public inspection— (a) to each of the departments mentioned in regulation 107A; (b) to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 108 applies.

(9) In regulation 119(3) for “regulation 118(8)” substitute “ regulation 118(8)(b) ”.

Immigration, Asylum and Nationality Act 2006 (c. 13)

4

In the Immigration, Asylum and Nationality Act 2006, omit section 38 (disclosure of information for security purposes).

Statistics and Registration Service Act 2007 (c. 18)

5

In the Statistics and Registration Service Act 2007, omit—

(a) section 39(4)(g) (permitted disclosure of personal information: disclosure to an Intelligence Service); and

(b) in section 67 (general interpretation), the definition of “Intelligence Service”.

SCHEDULE 2

Common law offences

Statutory offences

Ancillary offences

Any ancillary offence in relation to an offence specified in this Schedule.

SCHEDULE 3

Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

1

In Article 5(3) of the Proceeds of Crime (Northern Ireland) Order 1996, after “section 23” insert “ or 23A ”.

Terrorism Act 2000 (c. 11)

2

In section 54 of the Terrorism Act 2000, omit subsections (7) to (9).

3

In section 58 of that Act, omit subsections (5) to (7).

4

In section 119(1) of that Act for “sections 15 to 23” substitute “ sections 15 to 23A ”.

5

(1) Schedule 4 to that Act is amended as follows.

(2) In paragraph 1—

(a) in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means— (a) an offence under any of sections 15 to 18, (b) an offence to which section 23A applies, or (c) in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered).

(3) In paragraph 2(1)(d) for “section 23(7)” substitute “ section 23B(1) ”.

(4) In paragraph 4(2)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(5) In paragraph 5(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(6) In paragraph 6(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(7) Omit the heading before paragraph 9.

(8) In paragraph 9(2)—

(a) in the opening words, for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b) in paragraphs (a), (b) and (c), for “an offence under any of those sections” substitute “ a relevant offence ”.

(9) In paragraph 10(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(10) In paragraph 12 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(11) In paragraph 15—

(a) in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means— (a) an offence under any of sections 15 to 18, (b) an offence to which section 23A applies, or (c) in relation to a restraint order, any offence specified in Schedule 2 to the Counter-Terrorism Act 2008 (offences where terrorist connection to be considered).

(12) In paragraph 16(1)(c) and (4)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(13) In paragraph 18(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(14) In paragraph 19(3A)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(15) Omit the heading before paragraph 23.

(16) In paragraph 23(2)—

(a) in the opening words for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b) in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “ a relevant offence ”.

(17) In paragraph 24(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(18) In paragraph 26 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(19) In paragraph 29—

(a) in the definition of “forfeiture order” after “section 23” insert “ or 23A ”;

(b) after the definition of “forfeited property” insert—

“relevant offence” means— (a) an offence under any of sections 15 to 18, or (b) an offence to which section 23A applies.

(20) In paragraph 30(1)(d) for “section 23(7)” substitute “ section 23B(1) ”.

(21) In paragraph 32(2)(c) for “section 23(7)” substitute “ section 23B(1) ”.

(22) In paragraph 33(1)(a) and (2)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(23) In paragraph 34(4)(a) and (b) for “offences under any of sections 15 to 18” substitute “ relevant offences ”.

(24) In paragraph 38(4), in the definition of “prosecutor” for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(25) Omit the heading before paragraph 39.

(26) In paragraph 39(2)—

(a) in the opening words for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”;

(b) in paragraphs (a), (b) and (c) for “an offence under any of those sections” substitute “ a relevant offence ”.

(27) In paragraph 40(1)(a) for “an offence under any of sections 15 to 18” substitute “ a relevant offence ”.

(28) In paragraph 42 after “section 23”, in each place where it occurs, insert “ or 23A ”.

(29) In paragraph 45, in paragraph (a) of the definition of “forfeiture order” after “section 23” insert “ or 23A ”.

6

In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c) and 34(2)(c) after “section 23” insert “ or 23A ”.

Proceeds of Crime Act 2002 (c. 29)

7

(1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 13(3)(d) after “section 23” insert “ or 23A ”.

(3) In section 82(e) after “section 23” insert “ , 23A ”.

(4) In section 97(3)(d) after “section 23” insert “ or 23A ”.

(5) In section 148(e) after “section 23” insert “ , 23A ”.

(6) In section 163(3)(d) after “section 23” insert “ or 23A ”.

(7) In section 230(e) after “section 23” insert “ , 23A ”.

SCHEDULE 4

Introductory

1

A “notification order” is an order applying the notification requirements of this Part to a person who has been dealt with outside the United Kingdom in respect of a corresponding foreign offence.

Corresponding foreign offences

2

(1) A “corresponding foreign offence” means an act that—

(a) constituted an offence under the law in force in a country outside the United Kingdom, and

(b) corresponds to an offence to which this Part applies.

(2) For this purpose an act punishable under the law in force in a country outside the United Kingdom is regarded as constituting an offence under that law however it is described in that law.

(3) An act corresponds to an offence to which this Part applies if—

(a) it would have constituted an offence to which this Part applies by virtue of section 41 if it had been done in any part of the United Kingdom, or

(b) it was, or took place in the course of, an act of terrorism or was done for the purposes of terrorism.

(4) On an application for a notification order the condition in sub-paragraph (3)(a) or (b) is to be taken to be met unless—

(a) the defendant serves on the applicant, not later than rules of court may provide, a notice—

(i) stating that, on the facts as alleged with respect to the act concerned, the condition is not in the defendant's opinion met,

(ii) showing the defendant's grounds for that opinion, and

(iii) requiring the applicant to prove that the condition is met; or

(b) the court permits the defendant to require the applicant to prove that the condition is met without service of such a notice.

(5) In the application of this paragraph in Scotland, for “defendant” substitute “respondent”.

Conditions for making a notification order

3

(1) The conditions for making a notification order in respect of a person are as follows.

(2) The first condition is that under the law in force in a country outside the United Kingdom—

(a) the person has been convicted of a corresponding foreign offence and has received in respect of the offence a sentence equivalent to a sentence mentioned in section 45(1)(a), (2)(a) or (3)(a), or

(b) a court exercising jurisdiction under that law has, in respect of a corresponding foreign offence—

(i) convicted the person or made a finding in relation to the person equivalent to a finding mentioned in section 45(1)(b)(ii) or (iii), (2)(b)(ii) or (iii) or (3)(b)(ii) or (iii) (finding of insanity or disability), and

(ii) made the person subject to an order equivalent to a hospital order.

(3) This condition is not met if there was a flagrant denial of the person's right to a fair trial.

(4) The second condition is that—

(a) the sentence was imposed or order made after the commencement of this Part, or

(b) the sentence was imposed or order made before the commencement of this Part and immediately before that time the person—

(i) was imprisoned or detained in pursuance of the sentence or order,

(ii) would have been so imprisoned or detained but for being unlawfully at large or otherwise unlawfully absent, lawfully absent on a temporary basis or on bail pending an appeal, or

(iii) had been released on licence, or was subject to an equivalent form of supervision, having served the whole or part of a sentence of imprisonment for the offence.

(5) The third condition is that the period for which the notification requirements would apply in respect of the offence (in accordance with section 53 as modified by paragraph 8(e)) has not expired.

(6) If on an application for a notification order it is proved that the conditions in sub-paragraphs (2), (4) and (5) are met, the court must make the order.

Application for notification order

4

(1) In England and Wales an application for a notification order in respect of a person may only be made by a chief officer of police.

(2) An application may only be made if—

(a) the person resides in the chief officer's police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(3) The application must be made to the High Court.

5

(1) In Scotland an application for a notification order in respect of a person may only be made by the chief constable of the Police Service of Scotland .

(2) An application may only be made if—

(a) the person resides in Scotland , or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland .

(3) The application must be made to the Court of Session.

6

(1) In Northern Ireland an application for a notification order in respect of a person may only be made by the Chief Constable of the Police Service of Northern Ireland.

(2) An application may only be made if—

(a) the person resides in Northern Ireland, or

(b) the Chief Constable believes that the person is in, or is intending to come to, Northern Ireland.

(3) The application must be made to the High Court.

Effect of notification order

7

The effect of a notification order is that the notification requirements of this Part apply to the person in respect of whom it is made.

Adaptation of provisions of this Part in relation to foreign proceedings

8

The provisions of this Part have effect with the following adaptations in relation to foreign proceedings and cases where the notification requirements apply because a notification order has been made—

(a) in section 61(1) (references to dealing with an offence) for “being sentenced, or made subject to a hospital order” substitute “being made subject by the foreign court to a sentence or order within paragraph 3(2)(a) or (b) of Schedule 4”;

(b) in section 61(2) (references to time when person dealt with for an offence) for paragraphs (a) to (c) substitute “by the foreign court of first instance”;

(c) for the purposes of section 47 (initial notification) the period within which notification is to be made begins with the date of service of the notification order;

(d) in section 51 (meaning of “local police area”) the reference in subsection (1)(c) to the court of trial shall be read as a reference to the court by which the notification order was made;

(e) in section 53 (period for which notification requirements apply) a reference to a sentence or order of any description is to be read as a reference to an equivalent sentence or order of the foreign court.

SCHEDULE 5

Introductory

1

A foreign travel restriction order is an order prohibiting the person to whom it applies from doing whichever of the following is specified in the order—

(a) travelling to a country outside the United Kingdom named or described in the order;

(b) travelling to any country outside the United Kingdom other than a country named or described in the order;

Conditions for making a foreign travel restriction order

2

(1) The conditions for making a foreign travel restriction order in respect of a person are as follows.

(2) The first condition is that the notification requirements apply to the person.

(3) The second condition is that the person's behaviour since the person was dealt with for the offence by virtue of which those requirements apply makes it necessary for a foreign travel restriction order to be made to prevent the person from taking part in terrorism activity outside the United Kingdom.

(4) If the person was dealt with for the offence before the commencement of this Part, the condition in sub-paragraph (3) is not met unless the person has acted in that way since the commencement of this Part.

(5) If on an application for a foreign travel restriction order the court is satisfied that the conditions in sub-paragraphs (2) and (3) are met, it may make a foreign travel restriction order.

Application for foreign travel restriction order

3

(1) In England and Wales an application for a foreign travel restriction order in respect of a person may only be made by a chief officer of police.

(2) An application may only be made if—

(a) the person resides in the chief officer's police area, or

(b) the chief officer believes that the person is in, or is intending to come to, that area.

(3) The application must be made by complaint to a magistrates' court whose commission area includes any part of the chief officer's police area.

4

(1) In Scotland an application for a foreign travel restriction order in respect of a person may only be made by the chief constable of the Police Service of Scotland .

(2) An application may only be made if—

(a) the person resides in Scotland , or

(b) the chief constable believes that the person is in, or is intending to come to, Scotland .

(3) The application must be made by summary application ....

(4) A record of evidence is to be kept on any such summary application.

(5) Where the sheriff makes a foreign travel restriction order, the clerk of the court must give a copy of the order to the respondent or send a copy to the respondent by registered post or the recorded delivery service.

(6) An acknowledgement or certificate of delivery issued by the Post Office is sufficient evidence of the delivery of the copy on the day specified in the acknowledgement or certificate.

5

(1) In Northern Ireland an application for a foreign travel restriction order in respect of a person may only be made by the Chief Constable of the Police Service of Northern Ireland.

(2) An application may only be made if—

(a) the person resides in Northern Ireland, or

(b) the Chief Constable believes that the person is in, or is intending to come to, Northern Ireland.

(3) The application must be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction.

Provisions of a foreign travel restriction order

6

(1) A foreign travel restriction order may prohibit the person to whom it applies—

(a) from travelling to any country outside the United Kingdom named or described in the order; or

(b) from travelling to any country outside the United Kingdom other than a country named or described in the order; or

(2) The order must only impose such prohibitions as are necessary for the purpose of preventing the person from taking part in terrorism activity outside the United Kingdom.

(3) A foreign travel restriction order containing a prohibition within sub-paragraph (1)(c) must require the person to whom it applies to surrender all that person's passports, at a police station specified in the order—

(a) on or before the date when the prohibition takes effect, or

(b) within a period specified in the order.

(4) Any passports surrendered must be returned as soon as reasonably practicable after the person ceases to be subject to a foreign travel restriction order containing such a prohibition.

Duration of foreign travel restriction order

7

(1) A foreign travel restriction order has effect for a fixed period of not more than 6 months.

(2) The period must be specified in the order.

(3) A foreign travel restriction order ceases to have effect if a court (whether the same or another court) makes another foreign travel restriction order in relation to the person to whom the earlier order applies.

Variation, renewal or discharge of order

8

(1) In England and Wales an application for an order varying, renewing or discharging a foreign travel restriction order may be made by—

(a) the person subject to the order;

(b) the chief officer of police on whose application the order was made;

(d) a chief officer of police who believes that the person subject to the order is in, or is intending to come to, the officer's police area.

(2) The application must be made by complaint to—

(a) a magistrates' court for the same area as the court that made the order,

(b) a magistrates' court for the area in which the person subject to the order resides, or

(c) where the application is made by a chief officer of police, any magistrates' court whose commission area includes any part of that chief officer's police area.

(3) On an application under this paragraph the court may make such order varying, renewing or discharging the foreign travel restriction order as it considers appropriate.

(4) Before doing so it must hear the person making the application and (if they wish to be heard) the other persons mentioned in sub-paragraph (1).

9

(1) In Scotland an application for an order varying, renewing or discharging a foreign travel restriction order may be made by—

(a) the person subject to the order;

(b) the chief constable of the Police Service of Scotland.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The application must be made by summary application—

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

(b) to a sheriff—

(i) within whose sheriffdom the person subject to the order resides, or

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A record of evidence is to be kept on any summary application under this paragraph.

(4) On an application under this paragraph the sheriff may make such order varying, renewing or discharging the foreign travel restriction order as the sheriff considers appropriate.

(5) Before doing so the sheriff must hear the person making the application and (if they wish to be heard) the other persons mentioned in sub-paragraph (1).

10

(1) In Northern Ireland an application for an order varying, renewing or discharging a foreign travel restriction order may be made by—

(a) the person subject to the order; or

(b) the Chief Constable of the Police Service of Northern Ireland.

(2) The application must be made by complaint under Part 8 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of summary jurisdiction ....

(3) On an application under this paragraph the court may make such order varying, renewing or discharging the foreign travel restriction order as it considers appropriate.

(4) It may do so only after hearing the person making the application and (if they wish to be heard) the other person mentioned in sub-paragraph (1).

Provisions of renewed or varied order

11

(1) A foreign travel restriction order may be renewed, or varied so as to impose additional prohibitions, but only if it is necessary to do so for the purpose of preventing the person subject to the order from taking part in terrorism activities outside the United Kingdom.

(2) Any renewed or varied order must contain only the prohibitions necessary for that purpose.

Appeals

12

(1) In England and Wales—

(a) a person against whom a foreign travel restriction order is made may appeal against the making of the order;

(b) a person subject to a foreign travel restriction order may appeal against—

(i) an order under paragraph 8 varying or renewing the order, or

(ii) a refusal to make an order under that paragraph varying or discharging the order.

(2) The appeal lies to the Crown Court.

(3) On an appeal under this paragraph the court may make—

(a) such orders as it considers necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be just.

13

(1) In Scotland an interlocutor of the sheriff granting or refusing a foreign travel restriction order, or an order under paragraph 9 (variation, renewal or discharge of foreign travel restriction order), is appealable.

(2) Where an appeal is taken against such an interlocutor, the interlocutor continues in effect pending disposal of the appeal.

14

(1) In Northern Ireland—

(a) a person against whom a foreign travel restriction order is made may appeal against the making of the order;

(b) a person subject to a foreign travel restriction order may appeal against—

(i) an order under paragraph 10 varying or renewing the order, or

(ii) a refusal to make an order under that paragraph varying or discharging the order.

(2) The appeal lies to the county court.

(3) On an appeal under this paragraph the court may make—

(a) such orders as it considers necessary to give effect to its determination of the appeal, and

(b) such incidental and consequential orders as appear to it to be just.

Breach of foreign travel restriction order an offence

15

(1) A person commits a offence who, without reasonable excuse—

(a) does anything they are prohibited from doing by a foreign travel restriction order, or

(b) fails to comply with a requirement imposed on them by such an order.

(2) A person guilty of an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine or both.

(2A) In the application of this paragraph in England and Wales, the reference in sub-paragraph (2)(a) to 12 months is to be read as a reference to the general limit in a magistrates’ court (or to 6 months in relation to an offence committed before 2 May 2022).

(3) In the application of sub-paragraph (2)(a)—

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

(b) in Northern Ireland,

for “12 months” substitute “ 6 months ”.

(4) Where a person is convicted of an offence under this paragraph, it is not open to the court by or before which they are convicted—

(a) in England and Wales or Northern Ireland, to make an order for conditional discharge in respect of the offence;

(b) in Scotland, to make a probation order in respect of the offence.

Meaning of “terrorism activity”

16

In this Schedule “terrorism activity” means anything that—

(a) if done in any part of the United Kingdom, would constitute an offence to which this Part applies by virtue of section 41, or

(b) is, or takes place in the course of, an act of terrorism or is for the purposes of terrorism.

SCHEDULE 6

Service offences to which this Part applies: terrorism offences

1

This Part applies to a service offence as respects which the corresponding civil offence is an offence within section 41(1) or (2) (offences to which this Part applies: terrorism offences).

Service offences to which this Part applies: offences having a terrorist connection

2

(1) This Part applies to a service offence as to which the service court dealing with the offence has determined in accordance with section 69 of the Sentencing Code (as applied by section 238(6) of the Armed Forces Act 2006) that the offence has a terrorist connection.

(2) A person to whom the notification requirements apply by virtue of such a determination may appeal against it to the same court, and subject to the same conditions, as an appeal against sentence.

(3) If the determination is set aside on appeal, the notification requirements are treated as never having applied to that person in respect of the offence.

Service offences dealt with before commencement

3

(1) This Part applies to a person dealt with for a service offence before the commencement of this Part only if—

(a) the corresponding civil offence is on the commencement of this Part within section 41(1) or (2) (offences to which this Part applies: terrorism offences), and

(b) immediately before the commencement of this Part the person—

(i) is imprisoned or detained in pursuance of the sentence or other order made in respect of the offence,

(ii) would be so imprisoned or detained but for being unlawfully at large, absent without leave, on temporary leave or leave of absence, or released from custody (or on bail) pending an appeal, or

(iii) is on licence having served the custodial part of a sentence of imprisonment in respect of the offence.

(2) In relation to a person dealt with for a service offence before the commencement of this Part, any reference in this Schedule to a sentence, order or finding under a specified statutory provision includes a sentence or order under any corresponding earlier statutory provision.

Service offences: persons to whom notification requirements apply

4

The notification requirements apply to a person who—

(a) is aged 16 or over at the time of being dealt with for a service offence to which this Part applies, and

(b) is made subject in respect of the offence to a sentence or order within paragraph 5 (sentences or orders triggering notification requirements).

Service offences: sentences or orders triggering notification requirements

5

(1) The notification requirements apply to a person who—

(a) has been convicted of a service offence to which this Part applies and sentenced in respect of the offence to—

(i) imprisonment or custody for life,

(ii) imprisonment or custodial order for a term of 12 months or more,

(iii) imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),

(iv) detention for life or for a period of 12 months or more under section 71A(4) of the Army Act 1955 or the Air Force Act 1955, section 43A(4) of the Naval Discipline Act 1957 or section 209 of the Armed Forces Act 2006 (c. 52),

(v) detention and training (and supervision) under section 211 of that Act, where the term of the order under that section is 12 months or more,

(vi) detention for public protection under section 226 of the Criminal Justice Act 2003,

(via) detention under s. 226B of that Act or section 254 of the Sentencing Code (extended sentence of detention for certain dangerous offenders aged under 18); or

(vii) detention during Her Majesty's pleasure; or

(b) has been—

(i) convicted of a service offence to which this Part applies carrying a maximum term of imprisonment of 12 months or more,

(ii) found not guilty by reason of insanity of such an offence, or

(iii) found to be unfit to stand trial and to have done the act charged against them in respect of such an offence,

and made subject in respect of the offence to a hospital order.

(2) The reference in sub-paragraph (1)(b)(i) to an offence carrying a maximum term of imprisonment of 12 months or more—

(a) is to an offence carrying such a maximum term in the case of a person who has attained the age of 18 (or 21, as respects any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (c. 43)), and

(b) includes an offence carrying in the case of such a person a maximum term of life imprisonment and an offence for which in the case of such a person the sentence is fixed by law as life imprisonment.

Service offences: power to amend specified terms or periods of imprisonment or detention

6

(1) The Secretary of State may by order amend the provisions of paragraph 5 referring to a specified term or period of imprisonment or detention.

(2) An order reducing a specified term or period has effect only in relation to persons dealt with after the order comes into force.

(3) Where an order increases a specified term or period—

(a) it has effect in relation to persons dealt with at any time, whether before or after the order comes into force, and

(b) a person who would not have been subject to the notification requirements if the order had been in force when the offence was dealt with (and who is not otherwise subject to those requirements) ceases to be subject to the requirements when the order comes into force.

(4) An order under this paragraph is subject to affirmative resolution procedure.

Service offences: period for which notification requirements apply

7

(1) The period for which the notification requirements apply is—

(a) 30 years in the case of a person who—

(i) is aged 18 or over at the time of conviction for the service offence, and

(ii) receives in respect of the offence a sentence within sub-paragraph (2);

(b) 15 years in the case of a person who—

(i) is aged 18 or over at the time of conviction for the service offence, and

(ii) receives in respect of the offence a sentence within sub-paragraph (3);

(2) The sentences where a 30 year period applies are—

(a) imprisonment or custody for life,

(b) imprisonment or a custodial order for a term of 10 years or more,

(c) imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (c. 44),

(d) detention during Her Majesty's pleasure.

(3) The sentences where a 15 year period applies are imprisonment or a custodial order for a term of 5 years or more but less than 10 years.

(4) The period begins with the day on which the person is dealt with for the offence.

(5) If a person who is the subject of a finding within paragraph 5(1)(b)(iii) (finding of unfitness to stand trial etc) is subsequently tried for the offence, the period resulting from that finding ends—

(a) if the person is acquitted, at the conclusion of the trial;

(b) if the person is convicted, when the person is again dealt with in respect of the offence.

(6) For the purposes of determining the length of the period—

(a) a person who has been sentenced in respect of two or more terrorism offences to consecutive terms of imprisonment is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to the aggregate of the terms; and

(b) a person who has been sentenced in respect of two or more such offences to concurrent terms of imprisonment (X and Y) that overlap for a period (Z) is treated as if sentenced, in respect of each of the offences, to a term of imprisonment equal to X plus Y minus Z.

(7) In determining whether the period has expired, there shall be disregarded any period when the person was—

(a) remanded in or committed to custody by an order of a court,

(b) in service custody pursuant to a decision of a court or judge advocate (or an order of a commanding officer under section 110 of the Armed Forces Act 2006 (c. 52)),

(d) detained in a hospital, or

(e) detained under the Immigration Acts.

(8) In sub-paragraph (7)(b)—

(a) “service custody” includes, in relation to times before the commencement of the relevant provisions of the Armed Forces Act 2006, military custody, air-force custody and naval custody;

(b) “judge advocate” includes, in relation to such times, judicial officer;

(c) the reference to section 110 of the Armed Forces Act 2006 includes, in relation to times before the commencement of that section, a reference to—

(i) section 75K of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) or the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19);

(ii) section 47L of the Naval Discipline Act 1957 (c. 53).

Modifications in relation to service offences etc

8

(1) In the following provisions, references to a person committed to custody by an order of a court include a person in service custody pursuant to a decision of a court or judge advocate (or an order of a commanding officer under section 110 of the Armed Forces Act 2006)—

(a) section 47(4) (initial notification);

(b) section 48(8) (notification of changes);

(d) section 53(7) (period for which requirements apply);

(e) section 56(3) (notification on return after absence from UK).

(2) In section 48(4) (notification on release from custody etc) the reference to custody pursuant to an order of a court includes service custody pursuant to a decision of a court or judge advocate (or an order of a commanding officer under section 110 of the Armed Forces Act 2006).

(3) Paragraph 7(8) (meaning of “service custody” and “judge advocate” etc) applies for the purposes of this paragraph.

9

In the application of section 47(6) (initial notification: person dealt with before commencement) in relation to a service offence, the reference to a person being on bail pending an appeal includes a person released from custody pending an appeal.

10

Where in relation to a service offence the court of trial (as defined by subsection (2) of section 51 (meaning of “local police area”)) was situated outside the United Kingdom, that section has effect as if subsection (1)(c) were omitted.

11

References in this Part to a sentence of detention do not include—

(a) a sentence of service detention (as defined by section 374 of the Armed Forces Act 2006 (c. 52)), or

(b) a corresponding sentence passed under (or by virtue of) the Army Act 1955 (3 & 4 Eliz. 2 c. 18), the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) or the Naval Discipline Act 1957 (c. 53).

12

The following provisions do not apply in relation to service offences—

(a) section 43 (offences dealt with before commencement);

(b) section 45 (sentences or orders triggering notification requirements);

Application of power to make transitional modifications etc

13

An order under subsection (4) of section 380 of the Armed Forces Act 2006 (power to make transitional modifications etc) which makes provision of the kind mentioned in subsection (6) of that section may provide for paragraph 5(1)(a) or paragraph 7(2) or (3) above to have effect with such modifications (relating to custodial punishments specified in the order) as are so specified.

SCHEDULE 7

Part 1 — Conditions for giving a direction

Conditions for giving a direction

1

(1) The Treasury may give a direction under this Schedule if one or more of the following conditions is met in relation to a country.

(2) The first condition is that the Financial Action Task Force has advised that measures should be taken in relation to the country because of the risk of terrorist financing or money laundering activities being carried on—

(a) in the country,

(b) by the government of the country, or

(3) The second condition is that the Treasury reasonably believe that there is a risk that terrorist financing or money laundering activities are being carried on—

(a) in the country,

(b) by the government of the country, or

and that this poses a significant risk to the national interests of the United Kingdom.

(4) The third condition is that the Treasury reasonably believe that—

(a) the development or production of nuclear, radiological, biological or chemical weapons in the country, or

(b) the doing in the country of anything that facilitates the development or production of any such weapons,

poses a significant risk to the national interests of the United Kingdom.

(5) The power to give a direction is not exercisable in relation to an EEA state.

Main definitions

2

(1) “Terrorist financing” means—

(a) the use of funds, or the making available of funds, for the purposes of terrorism, or

(b) the acquisition, possession, concealment, conversion or transfer of funds that are (directly or indirectly) to be used or made available for those purposes.

(2) “Money laundering” means an act which falls within section 340(11) of the Proceeds of Crime Act 2002 (c. 29).

(3) “Nuclear weapon” includes a nuclear explosive device that is not intended for use as a weapon.

(4) “Radiological weapon” means a device designed to cause destruction, damage or injury by means of the radiation produced by the decay of radioactive material.

(5) “Chemical weapon” means a chemical weapon as defined by section 1(1) of the Chemical Weapons Act 1996 (c. 6), other than one whose intended use is only for permitted purposes (as defined by section 1(3) of that Act).

(6) “Biological weapon” means anything within section 1(1)(a) or (b) of the Biological Weapons Act 1974 (c. 6).

Part 2 — Persons to whom a direction may be given

Persons to whom a direction may be given

3

(1) A direction under this Schedule may be given to—

(a) a particular person operating in the financial sector,

(b) any description of persons operating in that sector, or

(2) In this Schedule “relevant person”, in relation to a direction, means any of the persons to whom the direction is given.

(3) A direction may make different provision in relation to different descriptions of relevant person.

Persons operating in the financial sector

4

(1) Any reference in this Schedule to a person operating in the financial sector is to a credit or financial institution that—

(a) is a United Kingdom person, or

(b) is acting in the course of a business carried on by it in the United Kingdom.

(2) This is subject to the exceptions in paragraph 6.

Meaning of “credit institution” and “financial institution”

5

(1) Credit institution” means a credit institution, as defined in Article 4(1)(1) of the capital requirements regulation, when it accepts deposits or other repayable funds from the public or grants credits for its own account (within the meaning of that directive).

(2) “Financial institution” means—

(a) an undertaking, including a money service business, when it carries out 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, other than—

(i) a credit institution;

(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 where the undertaking does not have a customer,

and for this purpose “customer” means a person who is not a member of the same group as the undertaking;

(b) an insurance company duly authorised in accordance with the life assurance consolidation directive, when it carries out activities covered by that directive;

(ba) a person equivalent to an insurance company within paragraph (b) whose head office is located in a non-EEA state, when carrying out activities of the kind mentioned in paragraph (b);

(c) a person 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, when providing or performing investment services or activities (within the meaning of the markets in financial instruments directive), other than a person falling within Article 2 of that directive;

(d) a collective investment undertaking, when marketing or otherwise offering its units or shares;

(e) an insurance intermediary as defined in article 33B(4) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001, when it acts 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;

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

(g) an insurance company (as defined by section 1165(3) of the Companies Act 2006 (c. 46));

(h) the National Savings Bank;

(i) the Director of Savings, when money is raised under the auspices of the Director under the National Loans Act 1968 (c. 13).

(3) The fact that an institution's head office is located in a non-EEA state does not prevent it from being a credit institution or a financial institution for the purposes of this Schedule.

Exceptions

6

(1) For the purposes of this Schedule the following are not regarded as persons operating in the financial sector when carrying out any of the following activities—

(a) a registered society within the meaning of the Co-operative and Community Benefit Societies Act 2014, when it—

(i) issues withdrawable share capital within the limit set by section 24 of that Act (maximum shareholding in society); or

(ii) accepts deposits from the public within the limit set by section 67(2) of that Act (carrying on of banking by societies);

(b) a society registered under the Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.)), when it—

(i) issues withdrawable share capital within the limit set by section 6 of that Act (maximum shareholding in society); or

(ii) accepts deposits from the public within the limit set by section 7(3) of that Act (carrying on of banking by societies);

(c) a person within any of paragraphs 1 to 23 or 25 to 51 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 (S.I. 2001/1201), when carrying out an activity in respect of which the person is exempt;

(d) a person who was an exempted person for the purposes of section 45 of the Financial Services Act 1986 (c. 60) (miscellaneous exemptions) immediately before its repeal, when exercising the functions specified in that section.

(2) A person who falls within the definition of “credit institution” or “financial institution” solely as a result of engaging in financial activity on an occasional or very limited basis is not regarded for the purposes of this Schedule as operating in the financial sector.

(3) For the purposes of sub-paragraph (2) a person is regarded as engaging in a financial activity on an occasional or very limited basis if—

(a) the person's total annual turnover in respect of the financial activity does not exceed £64,000,

(b) the financial activity is limited in relation to any customer to no more than one transaction exceeding 1,000 euro (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 and directly related to the person's main activity,

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

(f) the person's main activity is not that of a credit or financial institution, and

(g) the financial activity is provided only to customers of the person's main activity.

Interpretation of this Part

7

In this Part of this Schedule—

“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 life assurance consolidation directive” means Directive 2002/83/EC of the European Parliament and of the Council of 5th November 2002 concerning life assurance;

“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.

Power to amend

8

(1) The Treasury may by order amend paragraphs 4 to 7.

(2) Any such order is subject to affirmative resolution procedure.

Part 3 — Requirements that may be imposed by a direction

Requirements that may be imposed by a direction

9

(1) A direction under this Schedule may impose requirements in relation to transactions or business relationships with—

(a) a person carrying on business in the country;

(b) the government of the country;

(d) a company that is a subsidiary of a company within paragraph (a) or (c).

(2) The direction may impose requirements in relation to—

(a) a particular person within sub-paragraph (1),

(b) any description of persons within that sub-paragraph, or

(3) In this Schedule “designated person”, in relation to a direction, means any of the persons in relation to whom the direction is given.

(4) The kinds of requirement that may be imposed by a direction under this Schedule are specified in—

paragraph 10 (customer due diligence);

paragraph 11 (ongoing monitoring);

paragraph 12 (systematic reporting);

paragraph 13 (limiting or ceasing business).

(5) A direction may make different provision—

(a) in relation to different descriptions of designated person, and

(b) in relation to different descriptions of transaction or business relationship.

(5A) Descriptions of transactions or business relationships for the purposes of sub-paragraph (5)(b) may, in particular, include transactions or business relationships of a particular branch (or description of branch) of a relevant person.

(6) The requirements imposed by a direction must be proportionate having regard to the advice mentioned in paragraph 1(2) or, as the case may be, the risk mentioned in paragraph 1(3) or (4) to the national interests of the United Kingdom.

(7) In this paragraph “subsidiary” has the meaning given by section 1159 of the Companies Act 2006 (and “company” has the same meaning as in that section).

Customer due diligence

10

(1) A direction may require a relevant person to undertake enhanced customer due diligence measures—

(a) before entering into a transaction or business relationship with a designated person, and

(b) during a business relationship with such a person.

(2) The direction may do either or both of the following—

(a) impose a general obligation to undertake enhanced customer due diligence measures;

(b) require a relevant person to undertake specific measures identified or described in the direction.

(3) “Customer due diligence measures” means measures to—

(a) establish the identity of the designated person,

(b) obtain information about—

(i) the designated person and their business, and

(ii) the source of their funds, and

(4) In sub-paragraph (3)(c) “relevant activities” means—

(a) terrorist financing;

(b) money laundering; or

(c) the development or production of nuclear, radiological, biological or chemical weapons or the facilitation of that development or production.

(5) A direction may not impose requirements of a kind mentioned in this paragraph on a person who is regarded as operating in the financial sector by virtue only of paragraph 5(2)(g) (certain insurance companies).

Ongoing monitoring

11

(1) A direction may require a relevant person to undertake enhanced ongoing monitoring of any business relationship with a designated person.

(2) The direction may do either or both of the following—

(a) impose a general obligation to undertake enhanced ongoing monitoring;

(b) require a relevant person to undertake specific measures identified or described in the direction.

(3) “Ongoing monitoring” of a business relationship means—

(a) keeping up to date information and documents obtained for the purposes of customer due diligence measures, and

(b) scrutinising transactions undertaken during the course of the relationship (and, where appropriate, the source of funds for those transactions) to ascertain whether the transactions are consistent with the relevant person's knowledge of the designated person and their business.

(4) A direction may not impose requirements of a kind mentioned in this paragraph on a person who is regarded as operating in the financial sector by virtue only of paragraph 5(2)(g) (certain insurance companies).

Systematic reporting

12

(1) A direction may require a relevant person to provide such information and documents as may be specified in the direction relating to transactions and business relationships with designated persons.

(2) A direction imposing such a requirement must specify how the direction is to be complied with, including—

(a) the person to whom the information and documents are to be provided, and

(b) the period within which, or intervals at which, information and documents are to be provided.

(3) The power conferred by this paragraph is not exercisable in relation to information or documents in respect of which a claim to legal professional privilege (in Scotland, to confidentiality of communications) could be maintained in legal proceedings.

(4) The exercise of the power conferred by this paragraph and the provision of information under it is not otherwise subject to any restriction on the disclosure of information, whether imposed by statute or otherwise.

Limiting or ceasing business

13

A direction may require a relevant person not to enter into or continue to participate in—

(a) a specified transaction or business relationship with a designated person,

(b) a specified description of transactions or business relationships with a designated person, or

Part 4 — Procedural provisions and licensing

General directions to be given by order

14

(1) A direction given to—

(a) a description of persons operating in the financial sector, or

(b) all persons operating in that sector,

must be contained in an order made by the Treasury.

(2) If the order contains requirements of a kind mentioned in paragraph 13 (limiting or ceasing business)—

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

(b) if not approved by a resolution of each House of Parliament before the end of 28 days beginning with the day on which it is made, it ceases to have effect at the end of that period.

In calculating the period of 28 days, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(3) An order's ceasing to have effect in accordance with sub-paragraph (2) does not affect anything done under the order.

(4) An order to which sub-paragraph (2) does not apply is subject to negative resolution procedure.

(5) If apart from this sub-paragraph an order under this paragraph would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Specific directions: notification and duration of directions

15

(1) This paragraph applies in relation to a direction given to a particular person.

(2) The Treasury must give notice of the direction to the person.

(3) The direction (if not previously revoked and whether or not varied) ceases to have effect at the end of the period of one year beginning with the day on which the direction is given.

This is without prejudice to the giving of a further direction.

(4) The Treasury may vary or revoke the direction at any time.

(5) Where the direction is varied or ceases to have effect (whether on revocation or otherwise), the Treasury must give notice of that fact to the person.

General directions: publication and duration of directions

16

(1) This paragraph applies to an order containing directions under paragraph 14 (general directions given by order).

(2) The Treasury must take such steps as they consider appropriate to publicise the making of the order.

(3) An order—

(a) revoking the order, or

(b) varying the order so as to make its provisions less onerous,

is subject to negative resolution procedure.

(4) The order (if not previously revoked and whether or not varied) ceases to have effect at the end of the period of one year beginning with the day on which it was made.

This is without prejudice to the making of a further order.

(5) Where the order is varied or ceases to have effect (whether on revocation or otherwise), the Treasury must take such steps as they consider appropriate to publicise that fact.

Directions limiting or ceasing business: exemption by licence

17

(1) The following provisions apply where a direction contains requirements of a kind mentioned in paragraph 13 (limiting or ceasing business).

(2) The Treasury may grant a licence to exempt acts specified in the licence from those requirements.

(3) A licence may be—

(a) general or granted to a description of persons or to a particular person;

(b) subject to conditions;

(4) The Treasury may vary or revoke a licence at any time.

(5) On the grant, variation or revocation of a licence, the Treasury must—

(a) in the case of a licence granted to a particular person, give notice of the grant, variation or revocation to that person;

(b) in the case of a general licence or a licence granted to a description of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.

Part 5 — Enforcement: information powers

Enforcement authorities and officers

18

(1) In this Schedule “enforcement authority” means—

(a) The Financial Conduct Authority (“the FCA”),

(b) the Commissioners for Her Majesty's Revenue and Customs (“HMRC”), ...

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Part of this Schedule “enforcement officer” means—

(a) an officer of the FCA , including a member of the staff or an agent of the FCA ,

(b) an officer of Revenue and Customs,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(e) a local enforcement officer.

(3) A “local enforcement officer” means—

(a) in Great Britain, an officer of a local weights and measures authority;

(b) in Northern Ireland, an officer of the Department of Enterprise, Trade and Investment in Northern Ireland (“DETINI”) acting pursuant to arrangements made with the FCA for the purposes of this Schedule.

Power to require information or documents

19

(1) An enforcement officer may by notice to a relevant person require the person—

(a) to provide such information as may be specified in the notice, or

(b) to produce such documents as may be so specified.

(2) An officer may exercise powers under this paragraph only if the information or documents sought to be obtained as a result are reasonably required in connection with the exercise by the enforcement authority for whom the officer acts of its functions under this Schedule.

(3) Where an officer requires information to be provided or documents produced under this paragraph—

(a) the notice must set out the reasons why the officer requires the information to be provided or the documents produced, and

(b) the information must be provided or the documents produced—

(i) before the end of such reasonable period as may be specified in the notice; and

(ii) at such place as may be so specified.

(4) In relation to a document in electronic form the power to require production of it includes a power to require the production of a copy of it in legible form or in a form from which it can readily be produced in visible and legible form.

(5) An enforcement officer may take copies of, or make extracts from, any document produced under this paragraph.

(6) The production of a document does not affect any lien which a person has on the document.

Entry, inspection without a warrant etc

20

(1) Where an enforcement officer has reasonable cause to believe that any premises are being used by a relevant person in connection with the person's business activities, the officer may on producing evidence of authority at any reasonable time—

(a) enter the premises;

(b) inspect the premises;

(d) inspect any document found on the premises;

(e) require any person on the premises to provide an explanation of any document or to state where it may be found.

(2) An enforcement officer may take copies of, or make extracts from, any document found under sub-paragraph (1).

(3) An officer may exercise powers under this paragraph only if the information or document sought to be obtained as a result is reasonably required in connection with the exercise by the enforcement authority for whom the officer acts of its functions under this Schedule.

(4) In this paragraph “premises” means any premises other than premises used only as a dwelling.

Entry to premises under warrant

21

(1) A justice may issue a warrant under this paragraph if satisfied on information on oath given by an enforcement officer that there are reasonable grounds for believing that the first, second or third set of conditions is satisfied.

(2) The first set of conditions is—

(a) that there is on the premises specified in the warrant a document in relation to which a requirement could be imposed under paragraph 19(1)(b), and

(b) that if such a requirement were to be imposed—

(i) it would not be complied with, or

(ii) the document to which it relates would be removed, tampered with or destroyed.

(3) The second set of conditions is—

(a) that a person on whom a requirement has been imposed under paragraph 19(1)(b) has failed (wholly or in part) to comply with it, and

(b) that there is on the premises specified in the warrant a document that has been required to be produced.

(4) The third set of conditions is—

(a) that an enforcement officer has been obstructed in the exercise of a power under paragraph 20, and

(b) that there is on the premises specified in the warrant a document that could be inspected under paragraph 20(1)(d).

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