Counter-Terrorism Act 2008

• (5) A justice may issue a warrant under this paragraph if satisfied on information on oath given by an officer that there are reasonable grounds for suspecting that—

• (a) an offence under this Schedule has been, is being or is about to be committed by a relevant person, and

• (b) there is on the premises specified in the warrant a document relevant to whether that offence has been, or is being or is about to be committed.

• (6) A warrant issued under this paragraph shall authorise an enforcement officer—

• (a) to enter the premises specified in the warrant;

• (b) to search the premises and take possession of anything appearing to be a document specified in the warrant or to take, in relation to any such document, any other steps which may appear to be necessary for preserving it or preventing interference with it;

• (c) to take copies of, or extracts from, any document specified in the warrant;

• (d) to require any person on the premises to provide an explanation of any document appearing to be of the kind specified in the warrant or to state where it may be found;

• (e) to use such force as may reasonably be necessary.

• (7) Where a warrant is issued by a justice under sub-paragraph (1) or (5) on the basis of information on oath given by an officer of the FCA , for “an enforcement officer” in sub-paragraph (6) substitute “a constable”.

• (8) In sub-paragraphs (1), (5) and (7), “justice” means—

• (a) in relation to England and Wales, a justice of the peace;

• (b) in relation to Scotland, a justice within the meaning of section 307 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (interpretation);

• (c) in relation to Northern Ireland, a lay magistrate.

• (9) In the application of this paragraph to Scotland, the references in sub-paragraphs (1), (5) and (7) to information on oath are to be read as references to evidence on oath.

Restrictions on powers

22

• (1) This paragraph applies in relation to the powers conferred by—

• (a) paragraph 19 (power to require information or documents),

• (b) paragraph 20 (entry, inspection without warrant etc), or

• (c) paragraph 21 (entry to premises under warrant).

• (2) Those powers are 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.

• (3) The exercise of those powers and the provision of information or production of documents under them is not otherwise subject to any restriction on the disclosure of information, whether imposed by statute or otherwise.

Failure to comply with information requirement

23

• (1) If on an application made by—

• (a) an enforcement authority, or

• (b) a local weights and measures authority or DETINI pursuant to arrangements made with the FCA —

• (i) by or on behalf of the authority; or

• (ii) by DETINI,

it appears to the court that a person (the “information defaulter”) has failed to do something that they were required to do under paragraph 19(1), the court may make an order under this paragraph.

• (2) An order under this paragraph may require the information defaulter—

• (a) to do the thing that they failed to do within such period as may be specified in the order;

• (b) otherwise to take such steps to remedy the consequences of the failure as may be so specified.

• (3) If the information defaulter is a body corporate, a partnership or an unincorporated body of persons that is not a partnership, the order may require any officer of the body corporate, partnership or body, who is (wholly or partly) responsible for the failure to meet such costs of the application as are specified in the order.

• (4) In this paragraph “the court” means—

• (a) in England and Wales and Northern Ireland, the High Court or the county court;

• (b) in Scotland, the Court of Session or the sheriff court.

Powers of local enforcement officers

24

• (1) A local enforcement officer may only exercise powers under this Part of this Schedule pursuant to arrangements made with the FCA —

• (a) by or on behalf of the relevant local weights and measures authority, or

• (b) by DETINI.

• (2) Anything done or omitted to be done by, or in relation to, a local enforcement officer in the exercise or purported exercise of a power in this Part of this Schedule is treated for all purposes as if done or omitted to be done by, or in relation to, an officer of the OFT.

• (3) Sub-paragraph (2) does not apply for the purposes of criminal proceedings brought against the local enforcement officer, the relevant local weights and measures authority, DETINI or the FCA, in respect of anything done or omitted to be done by the officer.

• (4) A local enforcement officer must not disclose to any person other than the FCA and the relevant local weights and measures authority or, as the case may be, DETINI information obtained by the officer in the exercise of powers under this Part of this Schedule unless—

• (a) the officer has the approval of the FCA to do so, or

• (b) the officer is under a duty to make the disclosure.

• (5) In this paragraph “the relevant local weights and measures authority”, in relation to a local enforcement officer, means the authority of which the officer is an officer.

Part 6 — Enforcement: civil penalties

Power to impose civil penalties

25

• (1) An enforcement authority may impose a penalty of such amount as it considers appropriate on a person who fails to comply with a requirement imposed—

• (a) by a direction under this Schedule, or

• (b) by a condition of a licence under paragraph 17.

For this purpose “appropriate” means effective, proportionate and dissuasive.

• (2) No such penalty is to be imposed if the authority is satisfied that the person took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.

• (3) In deciding whether to impose a penalty for failure to comply with a requirement, an enforcement authority must consider whether the person followed any relevant guidance which was at the time—

• (a) issued by a supervisory authority or any other appropriate body,

• (b) approved by the Treasury, and

• (c) published in a manner approved by the Treasury as suitable in their opinion to bring the guidance to the attention of persons likely to be affected by it.

• (4) In sub-paragraph (3) “appropriate body” means a body which regulates or is representative of any trade, profession, business or employment carried on by the person.

• (5) A person on whom a penalty is imposed under this paragraph is not liable to be proceeded against for an offence under paragraph 30 in respect of the same failure.

Imposition of penalty by HMRC: procedure and reviews

26

• (1) This paragraph applies where HMRC decide to impose a penalty under paragraph 25 or 25A on a person.

• (2) HMRC must give the person notice of—

• (a) their decision to impose the penalty and its amount,

• (b) the reasons for imposing the penalty,

• (c) the right to a review under paragraph 26A, and

• (d) the right to appeal under this paragraph.

• (3) The person may appeal to the tribunal against the decision in accordance with paragraph 26F.

• (4) On the appeal the tribunal may—

• (a) set aside the decision appealed against, and

• (b) impose any penalty that could have been imposed by HMRC or remit the matter to HMRC.

• (5) In this paragraph, and in paragraphs 26A to 26F, “tribunal” means the First-tier Tribunal or, where so provided by or determined under Tribunal Procedure Rules, the Upper Tribunal.

• (6) Section 85 of the Value Added Tax Act 1994 (settling appeals by agreement) shall apply to appeals under this paragraph as if the reference to section 83 of that Act included a reference to this paragraph.

Imposition of penalty by other enforcement authority: procedure

27

• (1) This paragraph applies if the FCA ... (“the authority”) proposes to impose a penalty under paragraph 25 or 25A on a person.

• (2) The authority must give the person notice of—

• (a) the proposal to impose the penalty and the proposed amount,

• (b) the reasons for imposing the penalty, and

• (c) the right to make representations to the authority within a specified period (which may not be less than 28 days).

• (3) The authority must then decide, within a reasonable period, whether to impose a penalty under paragraph 25 or (as the case may be) 25A and must give the person notice—

• (a) if it decides not to impose a penalty, of that decision;

• (b) if it decides to impose a penalty, of the following matters—

• (i) the decision to impose a penalty and the amount,

• (ii) the reasons for the decision, and

• (iii) the right to appeal under paragraph 28.

Appeal against imposition of civil penalty

28

• (1) A person may appeal to the tribunal against—

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

• (...) a decision of the FCA ... under paragraph 27.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) On the appeal the tribunal ... may—

• (a) set aside the decision appealed against, and

• (b) impose any penalty that could have been imposed by the body whose decision is appealed or remit the matter to that body.

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

• (5) In this paragraph “the tribunal” means the First-tier Tribunal or, where so provided by or determined under Tribunal Procedure Rules, the Upper Tribunal.

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

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payment and recovery of civil penalties

29

• (1) A penalty imposed under paragraph 25 or 25A is payable to the enforcement authority that imposed it.

• (2) Any such penalty is a debt due to the authority and is recoverable accordingly.

Part 7 — Enforcement: offences

Offences: failure to comply with requirement imposed by direction

30

• (1) A person who fails to comply with a requirement imposed by a direction under this Schedule commits an offence, subject to the following provisions.

• (2) No offence is committed if the person took all reasonable steps and exercised all due diligence to ensure that the requirement would be complied with.

• (3) In deciding whether a person has committed an offence under this paragraph the court must consider whether the person followed any relevant guidance that was at the time—

• (a) issued by a supervisory authority or any other appropriate body,

• (b) approved by the Treasury, and

• (c) published in a manner approved by the Treasury as suitable in their opinion to bring the guidance to the attention of persons likely to be affected by it.

• (4) In sub-paragraph (3) “appropriate body” means a body that regulates or is representative of any trade, profession, business or employment carried on by the alleged offender.

• (4A) In a case where a person is guilty of an offence under this paragraph by failing to comply with a requirement of a kind mentioned in paragraph 13, the person is liable—

• (a) on summary conviction—

• (i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court (or, in relation to offences committed before 2 May 2022, 6 months) or to a fine, or to both;

• (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

• (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding 7 years or to a fine, or to both.

• (5) In any other case, a person guilty of an offence under this paragraph is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum;

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

• (6) A person who is convicted of an offence under this paragraph is not liable to a penalty under paragraph 25 in respect of the same failure.

Offences in connection with licences

31

• (1) A person commits an offence who for the purpose of obtaining a licence under paragraph 17—

• (a) provides information that is false in a material respect or a document that is not what it purports to be, and

• (b) knows that, or is reckless as to whether, the information is false or the document is not what it purports to be.

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

• (a) on summary conviction—

• (i) in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court (or, in relation to offences committed before 2 May 2022, 6 months) or to a fine, or to both;

• (ii) in Scotland, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both;

• (iii) in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.

Extra-territorial application of offences

32

• (1) An offence under this Schedule may be committed by a United Kingdom person by conduct wholly or partly outside the United Kingdom.

• (2) Nothing in this paragraph affects any criminal liability arising otherwise than under this paragraph.

Prosecution of offences

33

• (1) Proceedings for an offence under this Schedule may be instituted in England and Wales only by—

• (a) the FCA ;

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a local weights and measures authority; or

• (e) the Director of Public Prosecutions.

• (2) Proceedings for an offence under this Schedule may be instituted in Northern Ireland only by—

• (a) the FCA ;

• (b) HMRC;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) DETINI; or

• (e) the Director of Public Prosecutions for Northern Ireland.

• (3) In section 168(4) of the Financial Services and Markets Act 2000 (c. 8) (appointment ... of persons to carry out investigation), after paragraph (b) insert—

(ba) a person may be guilty of an offence under Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering);

• (4) In section 402(1) of that Act (power of FSA to institute proceedings), omit the “or” before paragraph (b) and after that paragraph insert—

or (c) Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering).

.

• (5) HMRC may conduct a criminal investigation into any offence under this Schedule.

• (6) In sub-paragraph (5) “criminal investigation” has the meaning given by section 35(5)(b) of the Commissioners for Revenue and Customs Act 2005 (c. 11).

Jurisdiction to try offences

34

Where an offence under this Schedule is committed outside the United Kingdom—

• (a) proceedings for the offence may be taken at any place in the United Kingdom, and

• (b) the offence may for all incidental purposes be treated as having been committed at any such place.

Time limit for summary proceedings

35

• (1) An information relating to an offence under this Schedule that is triable by a magistrates' court in England and Wales may be so tried if it is laid—

• (a) at any time within three years after the commission of the offence, and

• (b) within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

• (2) Summary proceedings in Scotland for an offence under this Schedule—

• (a) must not be commenced after the expiration of three years from the commission of the offence;

• (b) subject to that, may be commenced at any time within twelve months after the date on which evidence sufficient in the Lord Advocate's opinion to justify the proceedings came to the knowledge of the Lord Advocate.

Section 136(3) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (date when proceedings deemed to be commenced) applies for the purposes of this sub-paragraph as for the purposes of that section.

• (3) A magistrates' court in Northern Ireland has jurisdiction to hear and determine a complaint charging the commission of a summary offence under this Schedule provided that the complaint is made—

• (a) within three years from the time when the offence was committed, and

• (b) within twelve months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.

• (4) For the purposes of this paragraph a certificate of the prosecutor (or, in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.

Liability of officers of bodies corporate etc

36

• (1) If an offence under this Schedule committed by a body corporate is shown—

• (a) to have been committed with the consent or the connivance of an officer of the body corporate, or

• (b) to be attributable to any neglect on the part of any such officer,

the officer as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.

• (2) If an offence under this Schedule committed by a partnership is shown—

• (a) to have been committed with the consent or the connivance of a partner, or

• (b) to be attributable to any neglect on the part of a partner,

the partner as well as the partnership is guilty of an offence and liable to be proceeded against and punished accordingly.

• (3) If an offence under this Schedule committed by an unincorporated association (other than a partnership) is shown—

• (a) to have been committed with the consent or the connivance of an officer of the association, or

• (b) to be attributable to any neglect on the part of any such officer,

the officer as well as the association is guilty of an offence and liable to be proceeded against and punished accordingly.

• (4) If the affairs of a body corporate are managed by its members, sub-paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.

• (5) In this paragraph—

• “officer”—in relation to a body corporate, means a director, manager, secretary, chief executive, member of the committee of management, or a person purporting to act in such a capacity, andin relation to an unincorporated association, means any officer of the association or any member of its governing body, or a person purporting to act in such capacity;

• “partner” includes a person purporting to act as a partner.

Proceedings against unincorporated bodies

37

• (1) Proceedings for an offence under this Schedule alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of its members).

• (2) In proceedings for such an offence brought against a partnership or unincorporated association—

• (a) section 33 of the Criminal Justice Act 1925 (c. 86) (procedure on charge of offence against corporation) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) (corporations) apply as they do in relation to a body corporate;

• (b) section 70 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (proceedings against bodies corporate) applies as it does in relation to a body corporate;

• (c) section 18 of the Criminal Justice (Northern Ireland) Act 1945 (c. 15 (N.I.)) (procedure on charge) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (corporations) apply as they do in relation to a body corporate.

• (3) Rules of court relating to the service of documents have effect in relation to proceedings for an offence under this Schedule as if the partnership or association were a body corporate.

• (4) A fine imposed on the partnership or association on its conviction of such an offence is to be paid out of the funds of the partnership or association.

Part 8 — Supplementary and general

Report to Parliament

38

• (1) As soon as reasonably practicable after the end of each calendar year, the Treasury must—

• (a) prepare a report about their exercise during that year of their functions under this Schedule, and

• (b) lay a copy of the report before Parliament.

• (2) Sub-paragraph (1) does not apply in relation to a year if no direction under this Schedule is in force at any time in that year.

Supervision by supervisory authority

39

• (1) A supervisory authority must take appropriate measures to monitor persons operating in the financial sector for whom it is the supervisory authority for the purpose of securing compliance by those persons with the requirements of any directions under this Schedule.

• (2) For the purposes of this Schedule—

• (a) the FCA is the supervisory authority for—

• (i) credit institutions that are authorised persons;

• (ii) financial institutions (except money service businesses that are not authorised persons ...);

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

• (c) HMRC are the supervisory authority for money service businesses that are not authorised persons;

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

• (3) Where under sub-paragraph (2) there is more than one supervisory authority for a person, the authorities may agree that one of them will act as the supervisory authority for that person for the purposes of this Schedule.

• (4) Where an agreement has been made under sub-paragraph (3), the authority that has agreed to act as the supervisory authority must—

• (a) where directions under this Schedule have been given to specified persons operating in the financial sector, notify those persons;

• (b) where such directions have been given to all persons operating in the financial sector or to a description of such persons, publish the agreement in such way as it considers appropriate.

• (5) Where no agreement has been made under sub-paragraph (3), the supervisory authorities for a person must co-operate in the performance of their functions under this paragraph.

Assistance in preparing guidance

40

The Treasury must provide such assistance as may reasonably be required by a supervisory authority or other body drawing up guidance that, when issued and published with the approval of the Treasury, would be relevant guidance for the purposes of paragraph 25(3) (civil penalties) and 30(3) (offences: failure to comply with requirement imposed by direction).

Functions of Financial Services Authority

41

• (1) The functions of the FSA under this Schedule shall be treated for the purposes of Parts 1, 3 and 5 of Schedule 1ZA to the Financial Services and Markets Act 2000 (c. 8) (general provisions relating to the Authority) as if they were functions conferred on the FCA under that Act.

• (2) Any penalty under paragraph 25 or 25A (civil penalties) received by the FSA is to be applied towards expenses incurred by it in connection with its functions under this Schedule or for any incidental purpose.

Notices

42

• (1) A notice under this Schedule may be given to a person—

• (a) by posting it to the person's last known address, or

• (b) where the person is a body corporate, partnership or unincorporated association, by posting it to the registered or principal office of the body, partnership or association.

• (2) Where the Treasury are under a duty to give a notice to a person but do not have an address for them, they must make arrangements for the notice to be given to the person at the first available opportunity.

Crown application

43

• (1) This Schedule binds the Crown, subject as follows.

• (2) No contravention by the Crown of a provision of this Schedule makes the Crown criminally liable.

• (3) The following courts may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes such a contravention—

• (a) the High Court in England and Wales;

• (b) the Court of Session;

• (c) the High Court in Northern Ireland.

• (4) Nothing in this paragraph affects Her Majesty in her private capacity.

This is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Schedule.

Meaning of “United Kingdom person”

44

• (1) In this Schedule “United Kingdom person” means a United Kingdom national or a body incorporated or constituted under the law of any part of the United Kingdom.

• (2) For this purpose a United Kingdom national is an individual who is—

• (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

• (b) a person who under the British Nationality Act 1981 (c. 61) is a British subject; or

• (c) a British protected person within the meaning of that Act.

• (3) Her Majesty may by Order in Council extend the definition in sub-paragraph (1) so as to apply to bodies incorporated or constituted under the law of any of the Channel Islands, the Isle of Man or any British overseas territory.

Interpretation

45

• (1) In this Schedule—

• “authorised person” means a person who is authorised for the purposes of the Financial Services and Markets Act 2000 (c. 8);

• “business relationship” means a business, professional or commercial relationship between a relevant person and a customer, which is expected by the relevant person, at the time when contact is established, to have an element of duration;

• “conduct” includes acts and omissions;

• ...

• “country” includes territory;

• “document” means information recorded in any form;

• “money service business” means an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers;

• “notice” means a notice in writing.

• (2) In this Schedule any reference to an amount in one currency includes the equivalent amount in any other currency.

• (3) Unless otherwise defined, expressions used in this Schedule and in Directive 2015/849/EU of the European Parliament and of the Council of 20th May 2015 on the prevention of the use of the financial system for the purpose of money laundering or terrorist financing have the same meaning as in that Directive.

Index of defined expressions

46

In this Schedule the following expressions are defined or otherwise explained by the provisions indicated—

SCHEDULE 8

The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000 (c. 11)—

SCHEDULE 9

Part 1 — Retention and use of fingerprints and samples

Part 2 — Disclosure of information and the intelligence services

Part 3 — Forfeiture

Part 4 — Financial restrictions proceedings

Part 5 — Control orders

Part 6 — Pre-charge detention

Offence of obstruction

Items subject to legal privilege

Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

Material subject to the Terrorism Act 2000: Scotland

18A

• (1) Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to subsections (4) to (9).

• (2) The retention period is—

• (a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and

• (b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

• (3) Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence or recordable-equivalent offence (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely.

• (4) Section 18 material which is not a DNA sample may be retained indefinitely if—

• (a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates (a “pseudonymised form”), and

• (b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates.

• (5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if—

• (a) the law enforcement authority comes to know the identity of the person to whom the material relates, and

• (b) the material relates to a person who has no previous convictions or only one exempt conviction,

the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6).

• (6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority.

• (7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if—

• (a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority,

• (b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates,

• (c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and

• (d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form.

• (8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if—

• (a) the law enforcement authority ceases to hold the material in a pseudonymised form, and

• (b) the material relates to a person who has no previous convictions or only one exempt conviction,

the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9).

• (9) The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.

18B

• (1) Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer , or by a chief officer of police, has effect in relation to it.

• (2) A national security determination is made if the responsible officer , or a chief officer of police, determines that it is necessary for any such section 18 material to be retained for the purposes of national security.

• (3) A national security determination—

• (a) must be made in writing,

• (b) has effect for a maximum of 5 years beginning with the date on which the determination is made, and

• (c) may be renewed.

• (4) In this section “chief officer of police” means a person other than the responsible officer who is—

• (a) the chief officer of police of a police force in England and Wales, or

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

18C

• (1) If fingerprints are required by section 18 to be destroyed, any copies of the fingerprints held by the law enforcement authority concerned must also be destroyed.

• (2) If a DNA profile is required by that section to be destroyed, no copy may be retained by the law enforcement authority concerned except in a form which does not include information which identifies the person to whom the DNA profile relates.

18D

• (1) Section 18 material must not be used other than—

• (a) in the interests of national security,

• (b) for the purposes of a terrorist investigation,

• (c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

• (d) for purposes related to the identification of a deceased person or of the person to whom the material relates.

• (2) Subject to subsection (1), section 18 material may be checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority or the Scottish Police Authority if the responsible officer considers the check to be desirable.

• (3) Material which is required by section 18 to be destroyed must not at any time after it is required to be destroyed be used—

• (a) in evidence against the person to whom the material relates, or

• (b) for the purposes of the investigation of any offence.

• (4) In this section—

• (a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

• (b) the reference to crime includes a reference to any conduct which—

• (i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

• (ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

• (c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

Disclosure and the intelligence services

18E

• (1) In sections 18 to 18D and this section—

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body and consists of or includes human cells;

• “fingerprints” means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of a person's fingers or either of a person's palms;

• “law enforcement authority” means—a police force, the tri-service serious crime unit, the National Crime Agency,the Commissioners for Her Majesty's Revenue and Customs, or an overseas law enforcement authority;

• “overseas law enforcement authority” means a person formed or existing under the law of a country or territory outside the United Kingdom so far as exercising functions which—correspond to those of a police force, orotherwise involve the investigation or prosecution of offences;

• “police force” means any of the following—the metropolitan police force;a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the City of London police force; the Police Service of Scotland; the Police Service of Northern Ireland;the Police Service of Northern Ireland Reserve;the Ministry of Defence Police;the Royal Navy Police;the Royal Military Police;the Royal Air Force Police;the British Transport Police;

• “recordable offence” has—in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, andin relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

• “recordable-equivalent offence” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a recordable offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted);

• “the responsible officer” means—in relation to material obtained or acquired by a police force in England and Wales, the chief officer of the police force;in relation to material obtained or acquired by the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve, the Chief Constable of the Police Service of Northern Ireland;in relation to material obtained or acquired by the Ministry of Defence Police, the Chief Constable of the Ministry of Defence Police;in relation to material obtained or acquired by the Royal Navy Police, the Royal Military Police or the Royal Air Force Police, the Provost Marshal for the police force which obtained or acquired the material; in relation to material obtained or acquired by the tri-service serious crime unit, the Provost Marshal for serious crime; in relation to material obtained or acquired by the British Transport Police, the Chief Constable of the British Transport Police;in relation to material obtained or acquired by the National Crime Agency, the Director General of the National Crime Agency;in relation to material obtained or acquired by the Commissioners for Her Majesty's Revenue and Customs, any of those Commissioners;in relation to any other material, such person as the Secretary of State may by order specify;

• “section 18 material” has the meaning given by section 18(2);

• “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.

• “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

• (2) An order under subsection (1) is subject to negative resolution procedure.

• (3) For the purposes of section 18A, a person is to be treated as having been convicted of an offence in England and Wales or Northern Ireland if the person—

• (a) has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

• (b) has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

• (c) has been found not guilty of the offence by reason of insanity, or

• (d) has been found to be under a disability and to have done the act charged in respect of the offence.

• (4) Sections 18A and this section, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

• (5) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

• (5A) For the purposes of section 18A, a person is to be treated as having been convicted of an offence in a country or territory outside England and Wales and Northern Ireland if, in respect of such an offence, a court exercising jurisdiction under the law of that country or territory has made a finding equivalent to—

• (a) a finding that the person is not guilty by reason of insanity, or

• (b) a finding that the person is under a disability and did the act charged against the person in respect of the offence.

• (6) For the purposes of section 18A—

• (a) a person has no previous convictions if the person has not previously been convicted —

• (i) in England and Wales or Northern Ireland of a recordable offence, or

• (ii) in a country or territory outside England and Wales and Northern Ireland, of a recordable-equivalent offence, and

• (b) if the person has been previously so convicted ..., the conviction is exempt if it is in respect of an offence, other than a qualifying offence or qualifying-equivalent offence, committed when the person was aged under 18.

• (7) In this section, “qualifying offence” has—

• (a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

• (b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

• (7A) In subsection (6), “qualifying-equivalent offence” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a qualifying offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted).

• (8) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under section 18A whether the person has been convicted of only one offence.

Post-charge questioning: Scotland

Issue and revision of code of practice

Sentences for offences with a terrorist connection: ... ... Northern Ireland

Sentences for offences with a terrorist connection: Scotland

Forfeiture: supplementary provisions

Forfeiture: other amendments

Scheme of this Part

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

Power to amend specified terms or periods of imprisonment or detention

Power to amend specified terms or periods of imprisonment or detention

Notification of changes

Notification of changes: financial information and information about identification documents

Effect of absence abroad

Qualification of duty to give reasons

Application to set aside financial restrictions decision

Intercept evidence

Initial exercise of powers by Lord Chancellor

Initial exercise of powers by Lord Chancellor

Initial exercise of powers by Lord Chancellor

Inquiries: intercept evidence

Amendment of definition of “terrorism” etc

Amendment of definition of “terrorism” etc

Control orders: powers of entry and search

Control orders: powers of entry and search

Forfeiture of terrorist cash: determination of period for which cash may be detained

Control orders: meaning of involvement in terrorism-related activity

Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

Forfeiture of terrorist cash: determination of period for which cash may be detained

Costs of policing at gas facilities: England and Wales

Meaning of offence having a “terrorist connection”

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

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

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

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

Statistics and Registration Service Act 2007 (c. 18)

An offence under any of the following sections of the Explosive Substances Act 1883 (c. 3)—

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

Terrorism Act 2000 (c. 11)

Proceeds of Crime Act 2002 (c. 29)

Introductory

Corresponding foreign offences

Conditions for making a notification order

Application for notification order

Effect of notification order

Adaptation of provisions of this Part in relation to foreign proceedings

Introductory

Conditions for making a foreign travel restriction order

Application for foreign travel restriction order

Provisions of a foreign travel restriction order

Duration of foreign travel restriction order

Variation, renewal or discharge of order

Provisions of renewed or varied order

Appeals

Breach of foreign travel restriction order an offence

Meaning of “terrorism activity”

Service offences to which this Part applies: terrorism offences

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

Service offences dealt with before commencement

Service offences: persons to whom notification requirements apply

Service offences: sentences or orders triggering notification requirements

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

Service offences: period for which notification requirements apply

Modifications in relation to service offences etc

Application of power to make transitional modifications etc

Conditions for giving a direction

Main definitions

Persons to whom a direction may be given

Persons operating in the financial sector

Meaning of “credit institution” and “financial institution”

Exceptions

Interpretation of this Part

Power to amend

Requirements that may be imposed by a direction

Customer due diligence

Ongoing monitoring

Systematic reporting

Limiting or ceasing business

General directions to be given by order

Specific directions: notification and duration of directions

General directions: publication and duration of directions

Directions limiting or ceasing business: exemption by licence

Enforcement authorities and officers

Power to require information or documents

Entry, inspection without a warrant etc

Entry to premises under warrant

Restrictions on powers

Failure to comply with information requirement

Powers of local enforcement officers

Power to impose civil penalties

Imposition of penalty by HMRC: procedure ...

Imposition of penalty by other enforcement authority: procedure

Appeal against imposition of civil penaltyother than by HMRC

Payment and recovery of civil penalties

Offences: failure to comply with requirement imposed by direction

Offences in connection with licences

Extra-territorial application of offences

Prosecution of offences

Jurisdiction to try offences

Time limit for summary proceedings

Liability of officers of bodies corporate etc

Proceedings against unincorporated bodies

Report to Parliament

Supervision by supervisory authority

Assistance in preparing guidance

Functions of Financial Conduct Authority

Notices

Crown application

Meaning of “United Kingdom person”

Interpretation

Index of defined expressions

The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000 (c. 11)—

Editorial notes