Counter-Terrorism and Security Act 2015

(22A) (1) The Secretary of State may make regulations imposing penalties for— (a) failure to comply with a requirement imposed by a notice under section 11 (notice requiring information); (b) making a false statement in furnishing information required by a notice under that section; (c) failure to comply with a direction under any of sections 12 to 14. (2) Regulations under subsection (1) may in particular make provision— (a) about how a penalty is to be calculated; (b) about the procedure for imposing a penalty; (c) about the enforcement of penalties; (d) allowing for an appeal against a decision to impose a penalty; and the regulations may make different provision for different purposes. (3) Provision in the regulations about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the regulations. (4) The regulations must provide that no penalty may be imposed on a person for failure to comply with the requirements of a notice under section 11, or for making a false statement in furnishing information required by such a notice, where proceedings have been instituted against the person for an offence under section 11(5) in respect of the same failure or false statement. (5) The regulations must provide that no penalty may be imposed on a person for failure to comply with a direction under any of sections 12 to 14 where proceedings have been instituted against the person for an offence under any of those sections in respect of the same failure. (6) Any penalty paid by virtue of this section must be paid into the Consolidated Fund. (7) Regulations under this section are to be made by statutory instrument; and any such statutory instrument may not be made unless a draft of the instrument has been laid before each House of Parliament and approved by a resolution of each House.

• (3) In section 11 (power to require information), after subsection (5) insert—

(5A) Proceedings for an offence under subsection (5) above may not be instituted against a person who has paid a penalty in respect of the same failure, or the same false statement, by virtue of regulations made under section 22A.

• (4) In section 12 (power to impose restrictions in relation to aircraft), after subsection (9) insert—

(9A) Proceedings for an offence under subsection (9) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

• (5) In section 13 (power to require aerodrome managers to promote searches at aerodromes), after subsection (4) insert—

(4ZA) Proceedings for an offence under subsection (4) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

• (6) In section 13A (power to require other persons to promote searches), after subsection (3) insert—

(3A) Proceedings for an offence under subsection (3) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

• (7) In section 14 (general power to direct measures for purposes of protecting aircraft etc against acts of violence), after subsection (7) insert—

(7ZA) Proceedings for an offence under subsection (7)(a) above may not be instituted against a person who has paid a penalty in respect of the same failure by virtue of regulations made under section 22A.

Amendments of the Aviation and Maritime Security Act 1990: information and directions

12

• (1) Part 3 of the Aviation and Maritime Security Act 1990 (protection of ships and harbour areas against acts of violence) is amended as follows.

• (2) In section 19 (power of Secretary of State to require information)—

• (a) in subsection (2), for the words from “a date” to “before” substitute “ a period before the end of ”;

• (b) in subsection (4), omit “(not being less than seven days from the date on which the change of circumstances occurs)”.

• (3) In section 21 (power to impose restrictions in relation to ships), in subsection (1)—

• (a) in the opening words, after “is in” insert “ , or appears to the Secretary of State to be likely to enter, ”;

• (b) in paragraph (b), for “go to sea unless such searches of the ship” substitute “ enter or (as the case may be) to leave a harbour area unless such searches (of persons or property or of the ship itself) ”.

• (4) In section 26 (limitations on scope of directions under sections 21 to 24), in subsection (5), for paragraph (a) (including the word “and” at the end) substitute—

(a) it shall have effect only in relation to— (i) British ships, or (ii) a requirement not to cause or permit a ship to enter a harbour area unless certain things have, or have not, been done, and

.

• (5) In section 45 (service of documents)—

• (a) at the end of subsection (2) insert

, or (f) in the case of a person who is required by regulations to be able to accept service electronically in a manner and form specified in the regulations, in that manner and form.

;

• (b) after subsection (9) insert—

(9A) Regulations under subsection (2)(f)— (a) may make different provision for different cases, (b) may include incidental, supplemental or transitional provision, (c) shall be made by the Secretary of State by statutory instrument, and (d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Amendments of the Channel Tunnel (Security) Order 1994: information and directions

13

• (1) Part 3 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (protection of Channel Tunnel trains and the tunnel system against acts of violence) is amended as follows.

• (2) In article 11 (powers of Secretary of State to require information)—

• (a) in paragraph (2), for the words from “a date” to “before” substitute “ a period before the end of ”;

• (b) in paragraph (4) omit “(not being less than seven days from the date on which the change of circumstances occurs)”.

• (3) In article 13 (power to impose restrictions in relation to Channel Tunnel trains), in paragraph (1)(b), for “unless such searches of the train” substitute “ in or into the United Kingdom unless such searches (of persons or property or of the train itself) ”.

• (4) In article 36 (service of documents)—

• (a) at the end of paragraph (2) insert

, or (f) in the case of a person who is required by regulations to be able to accept service electronically in a manner and form specified in the regulations, in that manner and form.

;

• (b) after paragraph (8) insert—

(9) Regulations under paragraph (2)(f)— (a) may make different provision for different cases, (b) may include incidental, supplemental or transitional provision, (c) shall be made by the Secretary of State by statutory instrument, and (d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14

The amendments made by paragraph 13 do not affect the power to make further subordinate legislation amending or revoking the amended provisions.

SCHEDULE 6

Local government

Criminal justice

Education, child care etc

Health and social care

Police

SCHEDULE 7

Ministers of the Crown and government departments

Local government

Criminal justice

Education, child care etc

Health and social care

Police

SCHEDULE 8

Terrorism Act 2000 (c. 11)

1

• (1) In Schedule 7 to the Terrorism Act 2000 (port and border controls) paragraph 9 (power to examine goods) is amended as follows.

• (2) After sub-paragraph (2) insert—

(2A) The reference in sub-paragraph (2)(a) to goods which are about to leave Great Britain or Northern Ireland on a ship includes goods which— (a) are held at premises operated by a sea cargo agent, and (b) are to be delivered to a place in Great Britain or Northern Ireland for carriage on a ship. (2B) The reference in sub-paragraph (2)(b) to goods which are about to leave any place in Great Britain or Northern Ireland on an aircraft includes goods which— (a) are held at premises operated by an air cargo agent, and (b) are to be delivered to a place in Great Britain or Northern Ireland for carriage on an aircraft. (2C) An examination under this paragraph may be carried out only— (a) at a port; (b) at premises operated by a sea cargo agent or an air cargo agent; (c) at a transit shed; (d) at a location designated by the Secretary of State under sub-paragraph (2D) (a “designated examination location”). (2D) The Secretary of State may designate a location for the purposes of sub-paragraph (2C)(d) only if the Secretary of State reasonably believes that it is necessary to designate that location in order for examining officers to be able to exercise their functions under this paragraph. (2E) The Secretary of State must maintain and publish a list of designated examination locations.

• (3) For sub-paragraph (3) substitute—

(3) In this paragraph— (a) “air cargo agent” has the meaning given by section 21F(1) of the Aviation Security Act 1982; (b) “goods” includes property of any description, and containers; (c) “sea cargo agent” has the meaning given by section 41(1) of the Aviation and Maritime Security Act 1990; (d) “transit shed” has the meaning given by section 25A of the Customs and Excise Management Act 1979.

• (4) For sub-paragraph (4) substitute—

(4) For the purposes of determining whether to carry out an examination under this paragraph an examining officer may— (a) board a ship or aircraft; (b) enter a vehicle; (c) enter premises operated by a sea cargo agent or an air cargo agent; (d) enter a transit shed; (e) enter a designated examination location.

Regulation of Investigatory Powers Act 2000 (c. 23)

2

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

Postal Services Act 2000 (c. 26)

3

• (1) In section 104 of the Postal Services Act 2000 (inviolability of mails) subsection (3) is amended as follows.

• (2) Omit the word “or” at the end of paragraph (c).

• (3) At the end insert

, or (e) a power conferred by paragraph 9 of Schedule 7 to the Terrorism Act 2000 (port and border controls).

Seizure of passports etc from persons suspected of involvement in terrorism

Review of decisions relating to temporary exclusion orders

TPIMs: overnight residence measure

Retention of relevant internet data

General duty on specified authorities

Insurance against payments made in response to terrorist demands

Reviews of operation of Part 1 etc

Reviews of operation of other terrorism legislation

Power to make consequential provision

Interpretation

Powers of search and seizure etc

Travel documents in possession of immigration officers or customs officials

Authorisation by senior police officer for retention of travel document

Retention or return of documents seized

Review of retention of travel documents

Detention of document for criminal proceedings etc

Extension of 14-day period by judicial authority

Restriction on repeated use of powers

Persons unable to leave the United Kingdom

Offences

Accredited immigration officers and customs officials

Code of practice

Application

Statement of urgency

Reference to court

Decision by court

Procedures on reference

Interpretation

Introductory

Rules of court: general provision

Rules of court: disclosure

Article 6 rights

Rules of court: anonymity

Initial exercise of rule-making powers by Lord Chancellor

Use of advisers

Appointment of special advocate

Relationship with other powers to make rules of court and other proceedings

Right of appeal

Court in which appeal to be made

When the right of appeal arises

The appeal

Amendments of the Immigration Act 1971

Amendments consequential upon paragraph 1

Amendments of the Immigration, Asylum and Nationality Act 2006

Amendments of the Aviation Security Act 1982: information and directions

Amendments of the Aviation Security Act 1982: civil penalties for breach of directions

Amendments of the Aviation and Maritime Security Act 1990: information and directions

Amendments of the Channel Tunnel (Security) Order 1994: information and directions

Local government

Criminal justice

Education, child care etc

Health and social care

Police

Ministers of the Crown and government departments

Local government

Criminal justice

Education, child care etc

Health and social care

Police

Terrorism Act 2000 (c. 11)

Regulation of Investigatory Powers Act 2000 (c. 23)

Postal Services Act 2000 (c. 26)

Editorial notes

PART 1 — GENERAL; ENGLAND AND WALES

PART 2 — SCOTLAND

Criminal Justice

Education, child care etc

Health and social care

PART 1 — GENERAL; ENGLAND AND WALES

PART 2 — SCOTLAND

Local government

Criminal justice

Education, child care etc

Health and social care

Police

Authority-to-carry schemes

Privacy and Civil Liberties Board

Enforcement

Port and border controls: power to examine goods

Reviews of operation of other terrorism legislation

Review of certain naturalisation decisions by Special Immigration Appeals Commission

Transitional provision