Counter-Terrorism Act 2008

[^key-c6bbc34e68dffef2a3449254a095c10b]: Words in s. 18E(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 34; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-5aac8eb98da5de75838848cb4635ccb2]: Words in s. 18E(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 35; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-b5249cf36d6cd4281280861f114720ea]: Words in s. 18E(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 36; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

[^key-aa8aed8c3f11a12101af146aa8332919]: S. 54(2A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 17(2)

[^key-3d80055092cd171a6cdd3aa86cb2ad3a]: S. 54(3)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 17(3)

[^key-0e95a6ac6ed68fbb15e997860de97384]: Sch. 5 para. 15(2A) inserted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 17(4)

[^key-b73d06071b0f1d7703c021ce0df59022]: Sch. 5 para. 15(3)(a) omitted (7.2.2023 at 12.00 p.m.) by virtue of The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 17(5)

[^key-ffcc05e00bb2016ee1dfa307a7c10c84]: Words in Sch. 7 para. 30(4A)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-ab40fd5295ffba636d054e46815878d4]: Words in Sch. 7 para. 30A(1A)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-0ac4f294ada4d8b564259a0d2871acb3]: Words in Sch. 7 para. 31(2)(a)(i) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-c64e98d39fdb8259e43b8ae061c50bd1]: S. 85(2)(aa) inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 307(4)(a), 334(2)(n)

[^key-7496e2e63212e34558cf3723b1c58e11]: S. 86(2)(aa) inserted (26.10.2023) by Energy Act 2023 (c. 52), ss. 307(4)(b), 334(2)(n)

[^key-66aad2933c0979203a661049c368061f]: S. 18(8)(l)(m) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 28

[^key-f1d560b07ce2bc2f7c064011eb8f8579]: Sch. 7 para. 5(2)(e) substituted (1.1.2025) by The Insurance Distribution (Regulated Activities and Miscellaneous Amendments) Regulations 2024 (S.I. 2024/1239), regs. 1(2), 4

[^key-9ec433fc1402f4bdec32cbb3820b826b]: Ss. 18AA, 18AB inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 128(3), 142(2)(f) (with s. 128(5)-(8))

[^key-4168522d410583e08314cb20b166eae5]: Word in s. 18(4) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 128(2), 142(2)(f)

[^key-3377f7d97d46ca4fdb35d79f06c0a8c0]: S. 18A(7)-(9) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 127(5), 142(2)(e) (with s. 127(7)-(13))

[^key-9e9d7333ba7f38971ed736c4cae4f8d7]: Words in s. 18A(1) substituted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 127(3), 142(2)(e) (with s. 127(7)-(13))

[^key-76a82a9742ce38e4b1bb24238d568ab6]: Words in s. 18A(3) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(2), 142(2)(d) (with s. 126(11)-(15))

[^key-ed6cf04d3256efb680f1b704aaa4238e]: Words in s. 18A(4)(a) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 127(4), 142(2)(e) (with s. 127(7)-(13))

[^key-3b4f53491767986c7ba62fb4677aa168]: Word in s. 18BA(5)(a) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 128(4), 142(2)(f)

[^key-3f23bd3ebfb8558e9a251238cbd28679]: S. 18E(5A) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(6), 142(2)(d) (with s. 126(11)-(15))

[^key-6d06490b88128c4256996b922eb14c5c]: S. 18E(7A) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(10), 142(2)(d) (with s. 126(11)-(15))

[^key-3336bc45909370e2b9fabd9d593d3beb]: Words in s. 18E(1) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(4), 142(2)(d) (with s. 126(11)-(15))

[^key-0cf055fa17dc8865c0b073264c5257a8]: Words in s. 18E(1) substituted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 127(6)(a), 142(2)(e) (with s. 127(7)-(13))

[^key-b238cbd273d837524cd149a83b06eaf1]: Words in s. 18E(1) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 127(6)(b), 142(2)(e) (with s. 127(7)-(13))

[^key-bc7e56c1379e0ddcd698fa68710615af]: Words in s. 18E(3) inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(5), 142(2)(d) (with s. 126(11)-(15))

[^key-e56d05240ab52e55e4d800d7253f2f7f]: Words in s. 18E(6)(a) renumbered as s. 18E(6)(a)(i) (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(7)(a), 142(2)(d) (with s. 126(11)-(15))

[^key-77e8c9f9292d1d58e38c9f15b0d02790]: S. 18E(6)(a)(ii) and word inserted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(7)(b), 142(2)(d) (with s. 126(11)-(15))

[^key-7a0a7ea9a346841e8434f55f572f0eac]: Words in s. 18E(6)(b) omitted (19.6.2025) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 126(8)(a), 142(2)(d) (with s. 126(11)-(15))

[^key-bac771b37ee7d0c13d215157acfd8188]: Words in s. 18E(6)(b) substituted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(8)(b), 142(2)(d) (with s. 126(11)-(15))

[^key-01883d76315e80fc48a699579c42d71d]: Words in s. 18E(7) substituted (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(9), 142(2)(d) (with s. 126(11)-(15))

Offer of review

26A

• (1) HMRC must offer a person (P) a review of a decision that has been notified to P if an appeal lies under paragraph 26 in respect of the decision.

• (2) The offer of the review must be made by notice given to P at the same time as the decision is notified to P.

• (3) This paragraph does not apply to the notification of the conclusions of a review.

Review by HMRC

26B

• (1) HMRC must review a decision if—

• (a) they have offered a review of the decision under paragraph 26A, and

• (b) P notifies HMRC accepting the offer within 30 days from the date of the document containing the notification of the offer.

• (2) But P may not notify acceptance of the offer if P has already appealed to the tribunal under paragraph 26F.

• (3) HMRC shall not review a decision if P has appealed to the tribunal under paragraph 26F in respect of the decision.

Extensions of time

26C

• (1) If under paragraph 26A, HMRC have offered P a review of a decision, HMRC may within the relevant period notify P that the relevant period is extended.

• (2) If notice is given the relevant period is extended to the end of 30 days from—

• (a) the date of the notice, or

• (b) any other date set out in the notice or a further notice.

• (3) In this paragraph “relevant period” means—

• (a) the period of 30 days referred to in paragraph 26B(1)(b), or

• (b) if notice has been given under sub-paragraph (1) that period as extended (or as most recently extended) in accordance with sub-paragraph (2).

Review out of time

26D

• (1) This paragraph applies if—

• (a) HMRC have offered a review of a decision under paragraph 26A, and

• (b) P does not accept the offer within the time allowed under paragraph 26B(1)(b) or 26C(2).

• (2) HMRC must review the decision under paragraph 26B if—

• (a) after the time allowed, P notifies HMRC in writing requesting a review out of time,

• (b) HMRC are satisfied that P had a reasonable excuse for not accepting the offer or requiring review within the time allowed, and

• (c) HMRC are satisfied that P made the request without unreasonable delay after the excuse had ceased to apply.

• (3) HMRC shall not review a decision if P has appealed to the tribunal under paragraph 26F in respect of the decision.

Nature of review etc

26E

• (1) This paragraph applies if HMRC are required to undertake a review under paragraph 26B or 26D.

• (2) The nature and extent of the review are to be such as appear appropriate to HMRC in the circumstances.

• (3) For the purpose of sub-paragraph (2), HMRC must, in particular, have regard to steps taken before the beginning of the review—

• (a) by HMRC in reaching the decision, and

• (b) by any person in seeking to resolve disagreement about the decision.

• (4) The review must take account of any representations made by P at a stage which gives HMRC a reasonable opportunity to consider them.

• (5) The review may conclude that the decision is to be—

• (a) upheld,

• (b) varied, or

• (c) cancelled.

• (6) HMRC must give P notice of the conclusions of the review and their reasoning within—

• (a) a period of 45 days beginning with the relevant date, or

• (b) such other period as HMRC and P may agree.

• (7) In sub-paragraph (6) “relevant date” means—

• (a) the date HMRC received P’s notification accepting the offer of a review (in a case falling within paragraph 26A), or

• (b) the date on which HMRC decided to undertake the review (in a case falling within paragraph 26D).

• (8) Where HMRC are required to undertake a review but do not give notice of the conclusions within the time period specified in sub-paragraph (6), the review is to be treated as having concluded that the decision is upheld.

• (9) If sub-paragraph (8) applies, HMRC must notify P of the conclusion which the review is treated as having reached.

Bringing of appeals against decisions of HMRC

26F

• (1) An appeal under paragraph 26 is to be made to the tribunal before—

• (a) the end of the period of 30 days beginning with the date of the document notifying the decision to which the appeal relates, or

• (b) if later, the end of the relevant period (within the meaning of paragraph 26C).

• (2) But that is subject to sub-paragraphs (3) to (5).

• (3) In a case where HMRC are required to undertake a review under paragraph 26B—

• (a) an appeal may not be made until the conclusion date, and

• (b) any appeal is to be made within the period of 30 days beginning with the conclusion date.

• (4) In a case where HMRC are requested to undertake a review in accordance with paragraph 26D—

• (a) an appeal may not be made—

• (i) unless HMRC have decided whether or not to undertake a review, and

• (ii) if HMRC decide to undertake a review, until the conclusion date; and

• (b) any appeal is to be made within the period of 30 days beginning with—

• (i) the conclusion date (if HMRC decide to undertake a review), or

• (ii) the date on which HMRC decide not to undertake a review.

• (5) In a case where paragraph 26E(8) applies, an appeal may be made at any time from the end of the period specified in paragraph 26E(6) to the date 30 days after the conclusion date.

• (6) An appeal may be made after the end of the period specified in sub-paragraph (1), (3)(b), (4)(b) or (5) if the tribunal gives permission to do so.

• (7) In this paragraph “conclusion date” means the date of the document notifying the conclusions of the review.

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

Jurisdiction to try offences committed in the UK

Forfeiture: other terrorism offences and offences with a terrorist connection

Forfeiture: supplementary provisions

Forfeiture: application of proceeds to compensate victims

Notification of changes : general

Periodic re-notification

Effect of absence abroad

Terrorist financing and money laundering

UN terrorism orders

Qualification of duty to give reasons

Qualification of duty to give reasons

Inquiries: intercept evidence

Inquiries: intercept evidence

Terrorist property: disclosure of information about possible offences

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

Time allowed for representations by controlled person

Costs of policing at gas facilities: England and Wales

Meaning of “terrorism”

Meaning of “terrorism”

An offence under any of the following sections of the Offences against the Person Act 1861 (c. 100)—

25A

• (1) An enforcement authority may impose a penalty of such amount as it considers appropriate on a relevant person who has intentionally participated in activities knowing that the object or effect of them was (whether directly or indirectly) to circumvent a requirement imposed by a direction under this Schedule.

• (2) In sub-paragraph (1) “appropriate” means effective, proportionate and dissuasive.

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

Offences: relevant person circumventing requirements

30A

• (1) A relevant person who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) to circumvent a requirement imposed by a direction under this Schedule commits an offence.

• (1A) In a case where a person is guilty of an offence under this paragraph in relation to 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.

• (2) 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.

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

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

Power to remove documents for examination

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

Material subject to the Terrorism Act 2000: England and Wales and Northern Ireland

Sections 18 to 18E: supplementary provisions

Forfeiture: other terrorism offences and offences with a terrorist connection

Forfeiture: application of proceeds to compensate victims

Terrorist financing and money laundering

Appointment of special advocate

Initial exercise of powers by Lord Chancellor

Offences relating to information about members of armed forces etc

Offences relating to information about members of armed forces etc

Offences relating to information about members of armed forces etc

Control orders: powers of entry and search

An offence under any of the following sections of the Offences against the Person Act 1861 (c. 100)—

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

Meaning of offence having a “terrorist connection”

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

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

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

Periodic re-notification

Notification on return after absence from UK

Terrorist financing and money laundering

Interpretation

Terrorist property: disclosure of information about possible offences

Meaning of “terrorism”

An offence under any of the following sections of the Offences against the Person Act 1861 (c. 100)—

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

48A

• (1) If there is a change in any of the financial information (see paragraph 1 of Schedule 3A), or information about identification documents (see paragraph 2 of that Schedule), in relation to a person to whom the notification requirements apply, the person must notify the police of the change.

• (2) For the purposes of subsection (1) there is a change in the financial information if—

• (a) an account previously notified in accordance with this Part is closed;

• (b) a payment card previously notified in accordance with this Part is no longer held by the person notified as holding it;

• (c) an account is opened, or a payment card is obtained, which would have been required to be notified in accordance with section 47(2)(gb) if the account or card had been held at the time when notification was made under section 47(1);

• (d) any other financial information previously notified in accordance with this Part is altered or becomes inaccurate.

• (3) For the purposes of subsection (1) there is a change in the information about identification documents if—

• (a) the person ceases to hold a passport or other document previously notified in accordance with this Part;

• (b) the person obtains a passport or other document which would have been required to be notified in accordance with section 47(2)(gc) if it had been held at the time when notification was made under section 47(1).

• (4) Where a change required to be notified under subsection (1) relates to opening a new account or obtaining a new payment card as mentioned in subsection (2)(c), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 1(2) of Schedule 3A in respect of the new account or card.

• (5) Where a change required to be notified under subsection (1) relates to the holding of a new passport or other document as mentioned in subsection (3)(b), the person must in notifying the change include all the information (so far as relevant) specified in paragraph 2 of Schedule 3A in relation to the new passport or other document.

• (6) Notification under this section must be made before the end of the period of three days beginning with the day on which the event in question occurs.

• (7) In determining the period within which notification is to be made under this section, any time when the person is—

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

• (b) serving a sentence of imprisonment or detention,

• (c) detained in a hospital, or

• (d) detained under the Immigration Acts,

is to be ignored.

• (8) Notification under this section must be accompanied by re-notification of the other information mentioned in section 47(2).

Entry and search of home address

56A

• (1) If on an application made by a senior police officer of the relevant force a justice is satisfied that the requirements in subsection (2) are met, the justice may issue a warrant authorising a constable of that force—

• (a) to enter premises specified in the warrant for the purpose of assessing the risks posed by the person to whom the warrant relates; and

• (b) to search the premises for that purpose.

• (2) The requirements are—

• (a) that the person to whom the warrant relates—

• (i) is a person to whom the notification requirements apply, and

• (ii) is not a person to whom subsection (3) applies,

• (b) that the address of each set of premises specified in the application is an address falling within subsection (4),

• (c) that it is necessary for a constable to enter and search the premises for the purpose mentioned in subsection (1)(a), and

• (d) that on at least two occasions a constable has sought entry to the premises in order to search them for that purpose and has been unable to gain entry for that purpose.

• (3) This subsection applies to a person who is—

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

• (b) serving a sentence of imprisonment or a term of service detention,

• (c) detained in a hospital, or

• (d) outside the United Kingdom.

• (4) An address falls within this subsection if—

• (a) it is the address which was last notified in accordance with the notification requirements by the person to whom the warrant relates, or

• (b) there are reasonable grounds to believe that the person to whom the warrant relates resides there or may regularly be found there.

• (5) A warrant issued under this section must specify each set of premises to which it relates.

• (6) The warrant may authorise the constable executing it to use reasonable force if necessary to enter and search the premises.

• (7) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose mentioned in subsection (1)(a).

• (8) Where a warrant issued under this section authorises multiple entries, the number of entries authorised may be unlimited or limited to a maximum.

• (9) In this section—

• “justice” means—in the application of this section to England and Wales, a justice of the peace;in the application of this section to Northern Ireland, a lay magistrate;in the application of this section to Scotland, a sheriff or summary sheriff;

• “the relevant force” means—in relation to premises in England or Wales, the police force maintained for the police area in which the premises in respect of which the application is made or the warrant is issued are situated;in relation to premises in Northern Ireland, the Police Service of Northern Ireland;in relation to premises in Scotland, the Police Service of Scotland;

• “senior police officer” means a constable of the rank of superintendent or above;

• “sentence of imprisonment” includes any form of custodial sentence (apart from service detention);

• “service detention” has the meaning given by section 374 of the Armed Forces Act 2006.

Interpretation

Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

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

An offence under any of the following sections of the Offences against the Person Act 1861 (c. 100)—

SCHEDULE 3A

Financial information

1

• (1) The financial information referred to in section 47(2)(gb) that a person to whom the notification requirements apply must provide is—

• (a) the information specified in sub-paragraph (2) in respect of each account that the person holds with a financial institution on the date on which the notification is made, and

• (b) if the person runs a business through a company—

• (i) the information specified in sub-paragraph (2) in respect of each account that the company holds with a financial institution on the date on which the notification is made, and

• (ii) the name of the company concerned.

• (2) The information required to be given in respect of each account is—

• (a) the name of the financial institution with which the account is held;

• (b) the address of the office at which the account is held and, if the office is outside the United Kingdom, the address of the principal office of the financial institution (if any) in the United Kingdom;

• (c) the number of the account;

• (d) the sort code, if any, in relation to the account;

• (e) the card number of each payment card relating to the account;

• (f) the start date (if any) and expiry date in relation to each such card.

• (3) For the purposes of this paragraph—

• (a) “company” includes any body corporate, partnership or unincorporated association;

• (b) “financial institution” means a person who, in the course of a business, provides financial services consisting of the provision of current or savings accounts or payment card facilities;

• (c) “payment card” means a credit card, a charge card, a prepaid card and a debit card;

• (d) the cases in which a person “holds” an account include those where the person is entitled to operate the account;

• (e) it does not matter if an account is held solely or jointly with one or more other persons;

• (f) a person “runs” a business if the person (whether solely or jointly with one or more other persons) exercises, or is entitled to exercise, control or management of the business.

Information about identification documents

2

The information about identification documents referred to in section 47(2)(gc) that a person to whom the notification requirements apply must provide is—

• (a) where the person holds one or more passports on the date on which notification is made, for each passport that the person holds—

• (i) the number of the passport;

• (ii) the person's full name as it appears in the passport;

• (iii) where the passport was issued by or on behalf of the authorities of a country, the name of the country;

• (iv) where the passport was issued by or on behalf of an international organisation, the name of the organisation;

• (b) where the person does not hold a passport, but does hold one or more other identity documents (within the meaning of section 7 of the Identity Documents Act 2010) on the date on which notification is made, for each identity document that the person holds—

• (i) a description of the identity document;

• (ii) the issue number (if any) of the identity document;

• (iii) the person's full name as it appears in the identity document;

• (iv) where the identity document was issued by or on behalf of the authorities of a country, the name of the country;

• (v) where the identity document was issued by or on behalf of an international organisation, the name of the organisation.

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

18BA

• (1) This section applies where section 18 material is or includes a person's fingerprints (“the original fingerprints”).

• (2) An appropriate officer may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if conditions 1 and 2 are met.

• (3) Condition 1 is met if the further fingerprints—

• (a) are section 18 material, or

• (b) are taken under—

• (i) Part 5 of the Police and Criminal Evidence Act 1984,

• (ii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

• (iii) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

• (iv) paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

• (v) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

• (4) Condition 2 is met if both the original fingerprints and the further fingerprints—

• (a) are held by a law enforcement authority under the law of England and Wales, or

• (b) are held by a law enforcement authority under the law of Northern Ireland.

• (5) Where a determination under this section is made in respect of the further fingerprints—

• (a) the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by section 18A , 18AA or 18B, and

• (b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

• (6) Subsection (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

• (7) A written record must be made of a determination under this section.

• (8) In this section—

• “appropriate officer” means—a constable, oran officer of Revenue and Customs who is not below such grade as is designated for the purposes of this section by the Commissioners for Her Majesty's Revenue and Customers;

• “enactment” includes an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

SCHEDULE 1A

Terrorism Act 2000

1

An offence under any of the following provisions of the Terrorism Act 2000—

• (a) section 11 (membership of a proscribed organisation);

• (b) section 12 (inviting or expressing support for a proscribed organisation);

• (c) section 15 (fund-raising);

• (d) section 16 (use of money or property for terrorist purposes);

• (e) section 17 (involvement in terrorist funding arrangements);

• (f) section 17A (insuring payments made in response to terrorist threats);

• (g) section 18 (laundering of terrorist property);

• (h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

• (i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

• (j) section 38B (failure to disclose information about acts of terrorism);

• (k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

• (l) section 54 (weapons training);

• (m) section 56 (directing a terrorist organisation);

• (n) section 57 (possession of article for terrorist purposes);

• (o) section 58 (collection of information likely to be of use to a terrorist);

• (p) section 58A (publishing information about members of the armed forces etc);

• (q) section 58B (entering or remaining in a designated area);

• (r) section 60 (inciting terrorism overseas: Northern Ireland);

• (s) section 61 (inciting terrorism overseas: Scotland).

Anti-terrorism, Crime and Security Act 2001

2

An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

Terrorism Act 2006

3

An offence under any of the following provisions of the Terrorism Act 2006—

• (a) section 1 (encouragement of terrorism);

• (b) section 2 (dissemination of terrorist publications);

• (c) section 5 (preparation of terrorist acts);

• (d) section 6 (training for terrorism);

• (e) section 8 (attendance at a place used for terrorist training);

• (f) section 9 (making or possession of radioactive device or material);

• (g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

• (h) section 11 (terrorist threats relating to radioactive devices etc).

Counter-Terrorism Act 2008

4

An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures 2011

5

An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

Counter-Terrorism and Security Act 2015

6

An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

Ancillary offences

7

An ancillary offence in relation to an offence specified in any of the preceding paragraphs of this Schedule.

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

18AA

• (1) This section applies to section 18 material which is not a DNA sample where the law enforcement authority obtained or acquired the material as part of a request for assistance, or a notification of a threat, sent to the United Kingdom via INTERPOL’s systems.

• (2) The law enforcement authority may retain the material until the National Central Bureau informs the authority that the request or notification has been cancelled or withdrawn.

• (3) If the law enforcement authority is the National Central Bureau, it may retain the material until it becomes aware that the request or notification has been cancelled or withdrawn.

• (4) In this section—

• “INTERPOL” means the organisation called the International Criminal Police Organization - INTERPOL;

• “the National Central Bureau” means the body appointed for the time being in accordance with INTERPOL’s constitution to serve as the United Kingdom’s National Central Bureau.

• (5) The reference in subsection (1) to material obtained or acquired as part of a request or notification includes material obtained or acquired as part of a communication, sent to the United Kingdom via INTERPOL’s systems, correcting, updating or otherwise supplementing the request or notification.

18AB

• (1) The Secretary of State may by regulations amend section 18AA to make such changes as the Secretary of State considers appropriate in consequence of—

• (a) changes to the name of the organisation which, when section 18AA was enacted, was called the International Criminal Police Organization - INTERPOL (“the organisation”),

• (b) changes to arrangements made by the organisation which involve fingerprints or DNA profiles being provided to members of the organisation (whether changes to existing arrangements or changes putting in place new arrangements), or

• (c) changes to the organisation’s arrangements for liaison between the organisation and its members or between its members.

• (2) Regulations under this section are subject to affirmative resolution procedure.