Counter-Terrorism and Border Security Act 2019

• (8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 1 or 2.

39

• (1) Sub-paragraph (2) applies where a detainee exercises the right under paragraph 37(6) to consult a solicitor.

• (2) A police officer not below the rank of superintendent may, if it appears to the officer to be necessary on one of the grounds mentioned in sub-paragraph (4), direct that the right—

• (a) may not be exercised (or further exercised) by consulting the solicitor who attends for the purpose of the consultation or who would so attend but for the giving of the direction, but

• (b) may instead be exercised by consulting a different solicitor of the detainee's choosing.

• (3) A direction under this paragraph may be given before or after a detainee's consultation with a solicitor has started (and if given after it has started the right to further consult that solicitor ceases on the giving of the direction).

• (4) The grounds mentioned in paragraph 37(4) and (7) and in sub-paragraph (2) are—

• (a) that it is in the interests of the investigation or prevention of crime;

• (b) that it is in the interests of the apprehension, prosecution or conviction of offenders;

• (c) that it will further the recovery of property obtained as a result of the commission of an offence;

• (d) that it will further the operation of Part 2 or 3 of the Proceeds of Crime Act 2002 or the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) (confiscation of the proceeds of an offence);

• (e) that it will further the gathering of information about the commission, preparation or instigation of acts carried out in connection with a person's engagement in hostile activity.

• (5) This sub-paragraph applies where an officer mentioned in paragraph 37(4) or (7) has reasonable grounds for believing that—

• (a) the detainee has benefited from the detainee's criminal conduct, and

• (b) the recovery of the value of the property constituting the benefit will be hindered by—

• (i) informing the named person of the detainee's detention (in the case of an authorisation under paragraph 37(4)), or

• (ii) the exercise of the entitlement under paragraph 37(6) (in the case of an authorisation under paragraph 37(7)).

• (6) For the purposes of sub-paragraph (5) the question whether a person has benefited from the person's criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.

• (7) Where delay is authorised in the exercising of any of the rights mentioned in paragraph 37(1) and (6)—

• (a) if the authorisation is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable,

• (b) the detainee must be told the reason for the delay as soon as is reasonably practicable, and

• (c) the reason must be recorded as soon as is reasonably practicable.

40

• (1) Paragraphs 37 to 39 have effect in relation to a detainee in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.

• (2) But where the detainee appears to a constable to be a child—

• (a) the other person named by the detainee in pursuance of paragraph 37(1) must be the detainee's parent,

• (b) intimation is to be made under paragraph 37(1) whether the detainee requests that it be made or not, and

• (c) section 40 of the Criminal Justice (Scotland) Act 2016 (right of under 18s to have access to other person) applies as if the detainee were a person in police custody for the purposes of that section.

• (3) In relation to a detainee who is detained at a place other than a police station, sub-paragraph (2) applies as if references to a constable included an examining officer.

• (4) For the purposes of sub-paragraph (2)—

• “child” means a person under 16 years of age;

• “parent” includes guardian and any person who has the care of the child.

41

• (1) Subject to sub-paragraph (2), where a detainee is permitted to consult a solicitor, the solicitor is to be allowed to be present at any interview carried out in connection with an investigation carried out for the purposes of Part 1 of this Schedule.

• (2) A police officer not below the rank of Assistant Chief Constable may direct that the solicitor is not to be allowed to be present at an interview (or part of an interview) if the officer is satisfied that the solicitor's behaviour during the interview would interfere with, or obstruct, the conduct of the interview.

Fingerprints and samples: Scotland

42

• (1) Subject to the following modification, section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) applies to a detainee detained at a police station in Scotland under Part 1 of this Schedule as it applies to a person arrested.

• (2) The modification is that section 18 applies as if—

• (a) for subsection (2) of that section the following were substituted—

(2) Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if the officer is satisfied that it is necessary to do so in order to assist in determining whether that person is or has been engaged in hostile activity. (2A) A constable may also take fingerprints from a detained person or require the person to provide them if— (a) the constable is satisfied that the fingerprints will facilitate the ascertainment of the person's identity; and (b) the person has refused to identify himself or herself or the constable has reasonable grounds for suspecting that the person is not who the person claims to be.

;

• (b) subsections (3) to (5) were omitted;

• (c) after subsection (8) there were inserted—

(9) In this section— (a) references to a “detained person” are references to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; (b) the reference to engagement in hostile activity is to be read in accordance with paragraph 1 of that Schedule.

Destruction and retention of fingerprints and samples etc: United Kingdom

43

• (1) This paragraph applies to—

• (a) fingerprints taken under paragraph 34,

• (b) a DNA profile derived from a DNA sample taken under paragraph 34,

• (c) relevant physical data taken or provided by virtue of paragraph 42, and

• (d) a DNA profile derived from a DNA sample taken by virtue of paragraph 42.

• (2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 43 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful.

• (3) In any other case, paragraph 43 material must be destroyed unless it is retained under a power conferred by paragraph 44, 46 or 47.

• (4) Paragraph 43 material which ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other power which applies to it.

• (5) Nothing in this paragraph prevents a relevant search, in relation to paragraph 43 material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

• (6) For the purposes of sub-paragraph (5), “a relevant search” is a search carried out for the purpose of checking the material against—

• (a) other fingerprints or samples taken under paragraph 34 or a DNA profile derived from such a sample,

• (b) any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995,

• (c) fingerprints or samples taken under paragraph 10 or 12 of Schedule 8 to the Terrorism Act 2000 or a DNA profile derived from a sample taken under one of those paragraphs,

• (d) any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003,

• (e) material to which section 18 of the Counter-Terrorism Act 2008 applies,

• (f) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or information derived from such samples,

• (fa) fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 to the National Security Act 2023 or a DNA profile derived from a sample taken under one of those paragraphs,

• (fb) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,

• (g) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), and

• (h) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (checking of fingerprints and samples).

44

• (1) Paragraph 43 material may be retained indefinitely in the case of a detainee who—

• (a) has previously been convicted of a recordable offence (other than a single exempt conviction), or an offence in Scotland which is punishable by imprisonment, or

• (b) is so convicted before the end of the period within which the material may be retained by virtue of this paragraph.

• (2) In sub-paragraph (1)—

• (a) the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—

• (i) a recordable offence under the law of England and Wales if done there, or

• (ii) a recordable offence under the law of Northern Ireland if done there,

(and, in the application of sub-paragraph (1) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);

• (b) the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (1) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

• (3) In the case of a person who has no previous convictions, or only one exempt conviction, the material may be retained until the end of the retention period specified in sub-paragraph (4).

• (4) The retention period is—

• (a) in the case of fingerprints or relevant physical data, the period of 6 months beginning with the date on which the fingerprints or relevant physical data were taken or provided, and

• (b) in the case of a DNA profile, the period of 6 months 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).

45

• (1) For the purposes of paragraph 44, a person is to be treated as having been convicted of an offence if—

• (a) in relation to a recordable offence in England and Wales or Northern Ireland—

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

• (ii) the person has been found not guilty of the offence by reason of insanity,

• (iii) the person has been found to be under a disability and to have done the act charged in respect of the offence, or

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

• (b) in relation to an offence in Scotland punishable by imprisonment, the person has accepted or has been deemed to accept—

• (i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995,

• (ii) a compensation offer under section 302A of that Act,

• (iii) a combined offer under section 302B of that Act, or

• (iv) a work offer under section 303ZA of that Act,

• (c) in relation to an offence in Scotland punishable by imprisonment, the person has been acquitted on account of the person's insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995,

• (d) a finding in respect of the person has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment,

• (e) the person, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc (Scotland) Act 2004 in connection with an offence in Scotland punishable by imprisonment, has paid—

• (i) the fixed penalty, or

• (ii) (as the case may be) the sum which the person is liable to pay by virtue of section 131(5) of that Act, or

• (f) in relation to an offence in Scotland punishable by imprisonment, the person has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995.

• (2) Paragraph 44 and this paragraph, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

• (3) 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 or 101A of the Protection of Freedoms Act 2012.

• (4) For the purposes of paragraph 44—

• (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 Scotland of an offence which is punishable by imprisonment, and

• (b) if the person has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person was aged under 18.

• (5) In sub-paragraph (4) “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)).

• (6) For the purposes of sub-paragraph (4)—

• (a) a person is to be treated as having previously been convicted in England and Wales of a recordable offence if—

• (i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

• (ii) the act constituting the offence would constitute a recordable offence under the law of England and Wales if done there (whether or not it constituted such an offence when the person was convicted);

• (b) a person is to be treated as having previously been convicted in Northern Ireland of a recordable offence if—

• (i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

• (ii) the act constituting the offence would constitute a recordable offence under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted);

• (c) a person is to be treated as having previously been convicted in Scotland of an offence which is punishable by imprisonment if—

• (i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

• (ii) the act constituting the offence would constitute an offence punishable by imprisonment under the law of Scotland if done there (whether or not it constituted such an offence when the person was convicted);

• (d) the reference in sub-paragraph (4)(b) to a qualifying offence includes a reference to an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute a qualifying offence under the law of England and Wales if done there or (as the case may be) under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted).

• (7) For the purposes of paragraph 44 and this paragraph—

• (a) offence, in relation to any country or territory outside the United Kingdom, includes an act punishable under the law of that country or territory, however it is described;

• (b) a person has in particular been convicted of an offence under the law of a country or territory outside the United Kingdom if—

• (i) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity, or

• (ii) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence.

• (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 paragraph 44 whether the person has been convicted of only one offence.

• (9) Nothing in paragraph 44 prevents the start of a new retention period in relation to paragraph 43 material if a person is detained again under Part 1 of this Schedule when an existing retention period (whether or not extended) is still in force in relation to that material.

46

• (1) Paragraph 43 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it.

• (2) A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 43 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 paragraph “chief officer of police” means—

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

• (b) the chief constable of the Police Service of Scotland, or

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

47

• (1) This paragraph applies where paragraph 43 material is or includes a person's fingerprints (“the original fingerprints”).

• (2) A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met.

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

• (a) are paragraph 43 material,

• (b) are taken or provided under or by virtue of—

• (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) any provision, power or authority mentioned in section 18G(1) of the Criminal Procedure (Scotland) Act 1995,

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

• (v) paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, ...

• (vi) paragraph 10 of Schedule 6 to the National Security Act 2023, or

• (vii) paragraph 1 or 4 of Schedule 12 to that Act, or

• (c) are material to which section 18 of the Counter-Terrorism Act 2008 applies.

• (4) Condition 2 is met if—

• (a) in a case where the further fingerprints are material to which section 18 of the Counter-Terrorism Act 2008 applies, the original fingerprints and the further fingerprints are held under the law of the same part of the United Kingdom;

• (b) in any other case, the original fingerprints and the further fingerprints were taken from or provided by the person in the same part of the United Kingdom.

• (5) Where a determination under this paragraph 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 any power conferred by paragraph 44 or 46, 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) Sub-paragraph (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 paragraph.

48

• (1) If fingerprints or relevant physical data are required by paragraph 43 to be destroyed, any copies of the fingerprints or relevant physical data held by a police force must also be destroyed.

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

49

• (1) This paragraph applies to—

• (a) samples taken under paragraph 34, or

• (b) samples taken by virtue of paragraph 42.

• (2) Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that the taking of the sample was unlawful.

• (3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies.

• (4) A DNA sample to which this paragraph applies must be destroyed—

• (a) as soon as a DNA profile has been derived from the sample, or

• (b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.

• (5) Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.

• (6) Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

• (7) In this paragraph “a relevant search” has the meaning given by paragraph 43(6).

50

• (1) Any material to which paragraph 43 or 49 applies must not be used other than—

• (a) in the interests of national security,

• (b) for the purposes of a terrorist investigation, as defined by section 32 of the Terrorism Act 2000,

• (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 sub-paragraph (1), a relevant search (within the meaning given by paragraph 43(6)) may be carried out in relation to material to which paragraph 43 or 49 applies if the responsible chief officer of police considers the search to be desirable.

• (3) Material which is required by paragraph 43 or 49 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 paragraph—

• (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 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.

• (5) Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland.

51

In paragraphs 43 to 50—

• “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” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;

• “paragraph 43 material” has the meaning given by paragraph 43(2);

• “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 Scottish Police Authority;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; and references to a police force are to be read as including the tri-service serious crime unit;

• “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));

• “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

• “responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area—in which the material concerned was taken, orin the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken or provided, the chief constable of the Police Service of Scotland;

• “responsible chief officer of police” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland;

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

PART 3 — Review of detention

General requirements

52

• (1) The detention of a person (“the detainee”) under Part 1 of this Schedule must be periodically reviewed by a review officer.

• (2) The first review must be carried out before the end of the period of one hour beginning with the detainee's detention under that Part.

• (3) Subsequent reviews must be carried out at intervals of not more than two hours.

• (4) The review officer may authorise a detainee's continued detention under Part 1 of this Schedule only if satisfied that it is necessary for the purposes of exercising a power under paragraph 1 or 2.

• (5) If on a review under this paragraph the review officer does not authorise a detainee's continued detention, the detainee must be released (unless detained under another power).

• (6) In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detainee under paragraph 1 or 2.

• (7) “Senior officer” means—

• (a) where the examining officer is a constable, a constable of a higher rank than the examining officer,

• (b) where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and

• (c) where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.

Representations

53

• (1) Before determining whether to authorise a detainee's continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—

• (a) the detainee, or

• (b) a solicitor representing the detainee who is available at the time of the review.

• (2) Representations may be oral or written.

• (3) A review officer may refuse to hear oral representations from the detainee if the officer considers that the detainee is unfit to make representations because of the detainee's condition or behaviour.

Rights

54

• (1) Where a review officer authorises continued detention the officer must inform the detainee—

• (a) of any of the detainee's rights under paragraph 29 or 30 (in the case of a detainee in England, Wales or Northern Ireland), or paragraph 37 (in the case of a detainee in Scotland), which have not yet been exercised, and

• (b) if the exercise of any of those rights is being delayed in accordance with the provisions of paragraph 31 or 37, of the fact that it is being delayed.

• (2) Where a review of a detainee's detention is being carried out at a time when the detainee's exercise of a right under paragraph 29 or 30 (in the case of a detainee in England, Wales or Northern Ireland), or paragraph 37 (in the case of a detainee in Scotland), is being delayed—

• (a) the review officer must consider whether the reason or reasons for which the delay was authorised continue to subsist, and

• (b) if in the review officer's opinion the reason or reasons have ceased to subsist, the review officer must inform the officer who authorised the delay of that opinion (unless the review officer was that officer).

Record

55

• (1) A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply—

• (a) the fact that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 1 or 2,

• (b) the fact that the detainee has been informed as required under paragraph 54(1),

• (c) the officer's conclusion on the matter considered under paragraph 54(2)(a), and

• (d) the fact that the officer has taken action under paragraph 54(2)(b).

• (2) The review officer must inform the detainee whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 1 or 2.

• (3) Sub-paragraph (2) does not apply where the detainee is—

• (a) incapable of understanding what is said,

• (b) violent or likely to become violent, or

• (c) in urgent need of medical attention.

PART 4 — Codes of practice

56

• (1) The Secretary of State must issue codes of practice about—

• (a) training to be undertaken by constables, immigration officers and customs officers who are to act as examining officers or exercise other functions under this Schedule,

• (b) the exercise by such persons of functions conferred on them by virtue of this Schedule,

• (c) the video recording (with sound) of interviews by constables of persons detained under Part 1 of this Schedule at a police station, and

• (d) reviews under Part 3 of this Schedule.

• (2) An examining officer must perform the functions conferred by virtue of this Schedule in accordance with any relevant code of practice in operation under sub-paragraph (1)(b).

• (3) A code of the kind mentioned in sub-paragraph (1)(c)—

• (a) may make different provision in relation to a particular part of the United Kingdom;

• (b) may make different provision for different parts of the United Kingdom.

• (4) A code of the kind mentioned in sub-paragraph (1)(d) must include provision about training to be undertaken by persons who are to act as review officers.

• (5) The failure of an examining officer to observe a provision of a code does not of itself make the officer liable to criminal or civil proceedings.

• (6) A code—

• (a) is admissible in evidence in criminal and civil proceedings, and

• (b) is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

• (7) The Secretary of State may revise a code and issue the revised code.

57

• (1) Before issuing a code under paragraph 56 the Secretary of State must—

• (a) publish a draft code,

• (b) consider any representations made about the draft, and

• (c) if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations.

• (2) The Secretary of State must lay a draft of the code before Parliament.

• (3) After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations.

• (4) Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code.

• (5) Regulations under sub-paragraph (3) must be made by statutory instrument.

• (6) A statutory instrument containing regulations under sub-paragraph (3) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

PART 5 — Related powers

Entry

58

• (1) An examining officer may enter a vehicle for the purpose of exercising a function conferred on the officer by virtue of this Schedule.

• (2) In this paragraph “vehicle” includes an aircraft, hovercraft, train or vessel.

Reasonable force

59

• (1) An examining officer may if necessary use reasonable force for the purpose of exercising a power conferred on the officer by virtue of this Schedule.

• (2) Sub-paragraph (1) does not apply in relation to the powers conferred by paragraphs 1 or 2.

Information

60

• (1) Information acquired by an examining officer may be supplied—

• (a) to the Secretary of State for use in relation to immigration;

• (b) to the Commissioners for Her Majesty's Revenue and Customs or a customs officer;

• (c) to a constable;

• (d) to the National Crime Agency;

• (e) to a person specified in regulations made by the Secretary of State for use of a kind specified in the regulations.

• (2) Information acquired by a customs officer or an immigration officer may be supplied to an examining officer.

• (3) A person may be specified in regulations under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).

• (4) Regulations under this paragraph must be made by statutory instrument.

• (5) A statutory instrument containing regulations under this paragraph may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Other police powers

61

A power conferred by virtue of this Schedule on a constable—

• (a) is additional to powers exercisable at common law or by virtue of any other enactment, and

• (b) is not to be taken to affect those powers.

PART 6 — Review of powers

62

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In section 231 of the Investigatory Powers Act 2016 (error reporting), the reference in subsection (9)(a) to any other enactment does not include this Schedule.

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

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

PART 7 — Cross-Channel rail services

63

• (1) At the end of Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813) insert—

(7) (1) Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) is modified as follows. (2) In paragraph 1— (a) in sub-paragraph (2) omit— (i) “or in the border area”, in both places where it occurs; (ii) “or Northern Ireland”, where it occurs in paragraph (b)(i); (iii) paragraph (b)(ii); (b) in sub-paragraph (3)— (i) for “ship or aircraft” substitute “ through train or shuttle train ”; (ii) omit “or Northern Ireland”, in both places where it occurs; (c) after sub-paragraph (3) insert— (3A) An examination under sub-paragraph (1) may be commenced in a train during the period when it is a control area. (3) Omit paragraph 2. (4) In paragraph 4— (a) in sub-paragraph (1), for “vehicle” substitute “ through train or shuttle train ”; (b) in sub-paragraph (2), for “ship, aircraft or vehicle” substitute “ through train or shuttle train ”; (c) omit sub-paragraph (4). (5) In paragraph 7, for “ship or aircraft”, in each place where it occurs, substitute “ through train or shuttle train ”. (6) In paragraph 8— (a) in sub-paragraph (1), for “ship or aircraft”, in each place where it occurs, substitute “ through train or shuttle train ”; (b) omit sub-paragraph (2). (7) In paragraph 9— (a) in sub-paragraph (2)— (i) in paragraph (a) omit “or Northern Ireland”; (ii) in paragraph (a) for “ship or vehicle” substitute “ through train or shuttle train ”; (iii) omit paragraph (b); (b) omit sub-paragraphs (3) and (4); (c) in sub-paragraph (5), omit paragraph (b); (d) in sub-paragraph (6)— (i) for “ship or aircraft” substitute “ through train or shuttle train ”; (ii) omit paragraph (b). (8) Omit paragraph 63. (9) In paragraph 64— (a) in sub-paragraph (4) omit the references to “ship” and “vehicle” and for “an airport and a hoverport” substitute “ a railway station or other place where persons embark or disembark, or goods are loaded or unloaded, on or from a through train or shuttle train (as the case may be) ”; (b) in sub-paragraph (5), for “ship or aircraft”, in both places, substitute “ through train or shuttle train ”; (c) omit sub-paragraph (6). (10) In the following provisions, omit “or 2”— (a) paragraph 3; (b) paragraph 4(1); (c) paragraph 5(1); (d) paragraph 6; (e) paragraph 31(2) and (8); (f) paragraph 52(4) and (6); (g) paragraph 55(1)(a) and (2). (11) In the following provisions, after “this Schedule” insert “ or the Channel Tunnel (International Arrangements) Order 1993 ” (a) paragraph 56(1) and (2) (in each place where the words occur); (b) paragraph 59(1); (c) paragraph 61.

• (2) Nothing in sub-paragraph (1) affects the power in section 11 of the Channel Tunnel Act 1987 to revoke or amend any provision of the Order amended by that sub-paragraph.

PART 8 — Interpretation

64

• (1) This paragraph applies for the purposes of this Schedule.

• (2) References to engagement in hostile activity are to be read in accordance with paragraph 1(5); and references to a “hostile act” are to be read in accordance with paragraph 1(6).

• (3) “Examining officer” means—

• (a) a constable,

• (b) an immigration officer who is designated as an examining officer for the purposes of Schedule 7 to the Terrorism Act 2000 (see paragraph 1(1)(b) of that Schedule), and

• (c) a customs officer who is designated for the purposes of that Schedule (see paragraph 1(1)(c) of that Schedule).

• (4) The following terms have the meaning given—

• “act” includes omission;

• “article” includes a substance and any other thing;

• “customs officer” means an officer of Revenue and Customs;

• “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

• “the Investigatory Powers Commissioner” and “Judicial Commissioner” have the same meanings as in the Investigatory Powers Act 2016 (see section 263(1) of that Act);

• “port” includes an airport and a hoverport;

• “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property;

• “ship” includes a hovercraft;

• “vehicle” includes a train.

• (5) A place is to be treated as a port in relation to a person if an examining officer believes the person—

• (a) has gone there for the purpose of embarking on a ship or aircraft, or

• (b) has arrived there on disembarking from a ship or aircraft.

• (6) A place is within the “border area” if it is in Northern Ireland and—

• (a) it is no more than one mile from the border between Northern Ireland and the Republic of Ireland, or

• (b) it is the first place at which a train travelling from the Republic of Ireland stops for the purposes of allowing passengers to leave.

• (7) References to crime include references to any conduct which—

• (a) constitutes one or more criminal offences, or

• (b) 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.

• (8) References to an enactment include references to—

• (a) an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978,

• (b) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

• (c) an enactment comprised in, or in an instrument made under, Northern Ireland legislation.

• (9) References to serious crime are to be read in accordance with paragraph 1(7)(d).

• (10) References to a part of the United Kingdom are references to—

• (a) England and Wales,

• (b) Scotland, or

• (c) Northern Ireland.

SCHEDULE 4

PART 1 — Consequential amendments relating to section 9

Children and Young Persons Act 1933 (c. 12)

1

In the Children and Young Persons Act 1933, in section 49 (restrictions on reports of proceedings in which children or young persons are concerned)—

• (a) in subsection (6)—

• (i) omit “or” at the end of paragraph (b);

• (ii) after paragraph (b) insert—

(ba) a terrorism offence, or

;

• (b) in subsection (11), after the definition of “specified” insert—

“terrorism offence” means an offence listed in Part 3 of Schedule 15 to the Criminal Justice Act 2003;

.

Parliamentary Commissioner Act 1967 (c. 13)

2

In the Parliamentary Commissioner Act 1967, in section 5 (matters subject to investigation), in subsection (1B)(b) for “or violent” substitute “ , violent or terrorism ”.

Bail Act 1976 (c. 63)

3

• (1) The Bail Act 1976 is amended as follows.

• (2) In section 2 (interpretation), in subsection (2), after the definition of “surrender to custody” insert—

“terrorism offence” means an offence specified in Part 3 of Schedule 15 to the Criminal Justice Act 2003,

.

• (3) In section 3AA (conditions for the imposition of electronic monitoring requirements on children and young persons other than in extradition proceedings), in subsection (3)(a) for “or sexual” substitute “ , sexual or terrorism ”.

• (4) In section 3AAA (conditions for the imposition of electronic monitoring requirements on children and young persons in extradition proceedings), in subsection (3)(a) for “or sexual” substitute “ , sexual or terrorism ”.

Repatriation of Prisoners Act 1984 (c. 47)

4

In the Repatriation of Prisoners Act 1984, in the Schedule (operation of certain enactments in relation to prisoners to whom the Act applies), in paragraph 2(3A) for “or sexual” substitute “ , sexual or terrorism ”.

Police and Criminal Evidence Act 1984 (c. 60)

5

In the Police and Criminal Evidence Act 1984, in section 38 (duties of custody officer after charge), in subsection (6A)—

• (a) after the definition of “sexual offence” insert—

“terrorism offence” means an offence specified in Part 3 of that Schedule;

;

• (b) in the closing words, for “or sexual” substitute “ , sexual or terrorism ”.

Road Traffic Offenders Act 1988 (c. 53)

6

In the Road Traffic Offenders Act 1988, in section 35A (extension of disqualification where custodial sentence also imposed), in subsection (4)—

• (a) in paragraph (e), for “or sexual” substitute “ , sexual or terrorism ”;

• (b) in paragraph (f), for “or sexual” substitute “ , sexual or terrorism ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

7

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

Licensing Act 2003 (c. 17)

8

In the Licensing Act 2003, in Schedule 4 (personal licence: relevant offences), after paragraph 19A insert—

(19B) An offence listed in Part 3 of Schedule 15 to the Criminal Justice Act 2003 (specified terrorism offences).

Criminal Justice Act 2003 (c. 44)

9

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In Schedule 15 (specified offences for the purposes of certain sentencing provisions in Chapter 5 of Part 12, relating to dangerous offenders), in Part 1 (specified violent offences) omit the following paragraphs (which mention terrorism offences that appear in the new Part 3, to be inserted by section 9 of this Act)—

• (a) paragraph 59A;

• (b) paragraph 59B;

• (c) paragraph 59C;

• (d) paragraph 59D;

• (e) paragraph 60A;

• (f) paragraph 60B;

• (g) paragraph 60C;

• (h) paragraph 63B;

• (i) paragraph 63C;

• (j) paragraph 63D;

• (k) paragraph 63E;

• (l) paragraph 63F.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic Violence, Crime and Victims Act 2004 (c. 28)

10

In the following provisions of the Domestic Violence, Crime and Victims Act 2004 (which relate to duties of local probation boards in connection with victims of sexual or violent offences), for “or violent” substitute “ , violent or terrorism ”

• (a) section 35(1)(a);

• (b) section 36(2);

• (c) section 39(1)(a);

• (d) section 42(1)(a);

• (e) section 45(2).

Armed Forces Act 2006 (c. 52)

11

• (1) The Armed Forces Act 2006 is amended as follows.

• (2) In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—

• (a) in the heading, for “or sexual” substitute “ , sexual or terrorism ”;

• (b) in subsection (5)(d), after “specified sexual offence” (in both places) insert “ or a specified terrorism offence ”;

• (c) in subsection (6), after “ “specified sexual offence”” insert “ , “specified terrorism offence” ”.

• (3) In section 221A (extended sentence for certain violent or sexual offenders aged under 18)—

• (a) in the heading, for “or sexual” substitute “ , sexual or terrorism ”;

• (b) in subsection (3)(d), after “specified sexual offence” (in both places) insert “ or a specified terrorism offence ”;

• (c) in subsection (4), after “ “specified sexual offence”” insert “ , “specified terrorism offence” ”.

Coroners and Justice Act 2009 (c. 25)

12

• (1) The Coroners and Justice Act 2009 is amended as follows.

• (2) In section 126 (determination of tariffs etc), in subsection (2)—

• (a) in paragraph (c), for “or sexual” substitute “ , sexual or terrorism ”;

• (b) in paragraph (d), for “or sexual” substitute “ , sexual or terrorism ”.

• (3) Omit section 138 (which inserted certain terrorism offences into Part 1 of Schedule 15 to the Criminal Justice Act 2003).

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

13

• (1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

• (2) In section 94 (requirements for electronic monitoring)—

• (a) in subsection (4)(a) for “or sexual” substitute “ , sexual or terrorism ”;

• (b) in subsection (8), after the definition of “sexual offence” insert—

“terrorism offence” means an offence specified in Part 3 of Schedule 15 to the Criminal Justice Act 2003;

.

• (3) In section 95 (requirements for electronic monitoring: extradition cases), in subsection (4)(a) for “or sexual” substitute “ , sexual or terrorism ”.

• (4) In section 98 (first set of conditions for a remand to youth detention accommodation), in subsection (3)(a) for “or sexual” substitute “ , sexual or terrorism ”.

• (5) In section 100 (first set of conditions for a remand to youth detention accommodation: extradition cases), in subsection (3)(a) for “or sexual” substitute “ , sexual or terrorism ”.

• (6) In section 107 (interpretation of Chapter 3), in subsection (1), after the definition of “sexual offence” insert—

“terrorism offence” has the meaning given by section 94(8);

.

• (7) In Schedule 21 (abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory), in paragraph 36—

• (a) in sub-paragraph (2) for “or sexual” substitute “ , sexual or terrorism ”;

• (b) in sub-paragraph (3) for “or sexual” substitute “ , sexual or terrorism ”.

PART 2 — Consequential amendments relating to section 11

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

14

In the Criminal Justice (Northern Ireland) Order 2008, in Schedule 2 (specified offences for the purposes of certain sentencing provisions in Chapter 3, relating to dangerous offenders), in Part 1, omit the following paragraphs (which mention terrorism offences that appear in the new Part 3, to be inserted by section 11)—

• (a) paragraph 27A;

• (b) paragraph 28A;

• (c) paragraph 31A.

Coroners and Justice Act 2009 (c. 25)

15

In section 139 of the Coroners and Justice Act 2009 (which inserted certain terrorism offences into Schedules 1 and 2 to the Criminal Justice (Northern Ireland) Order 2008), omit subsections (5) to (8).

Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))

16

• (1) Section 55 of the Justice Act (Northern Ireland) 2015 (violent offences prevention orders) is amended as follows.

• (2) In subsection (3), at the end insert “ or a relevant terrorism offence ”.

• (3) After subsection (3) insert—

(3A) In subsection (3), “relevant terrorism offence” means an offence under— (a) section 54 of the Terrorism Act 2000 (weapons training); (b) section 56 of that Act (directing a terrorist organisation); (c) section 57 of that Act (possession of article for terrorist purposes); (d) section 59 of that Act (inciting terrorism overseas); (e) section 47 of the Anti-terrorism, Crime and Security Act 2001 (use etc of nuclear weapons); (f) section 50 of that Act (assisting or inducing certain weapons-related acts overseas); (g) section 113 of that Act (use of noxious substance or thing to cause harm or intimidate); (h) section 5 of the Terrorism Act 2006 (preparation of terrorist acts); (i) section 6 of that Act (training for terrorism); (j) section 9 of that Act (making or possession of radioactive device or material); (k) section 10 of that Act (misuse of radioactive device or material for terrorist purposes etc); (l) section 11 of that Act (terrorist threats relating to radioactive devices etc).

• (4) In subsection (4), for “that Part” substitute “ Part 1 of Schedule 2 to the 2008 Order ”.

PART 3 — Consequential amendments relating to Part 2

Children and Young Persons Act 1933 (c. 12)

17

In section 34 of the Children and Young Persons Act 1933 (attendance at court of parent of child or young person charged with an offence), after subsection (11) insert—

(12) The reference in subsection (2) to a child or young person who is in police detention includes a reference to a child or young person who has been detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and in subsection (3) “arrest” includes such detention.

Police and Criminal Evidence Act 1984 (c. 60)

18

• (1) The Police and Criminal Evidence Act 1984 is amended as follows.

• (2) In section 51 (savings)—

• (a) omit “or” at the end of paragraph (b);

• (b) after that paragraph insert—

(ba) the powers conferred by virtue of Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (powers of detention);

.

• (3) In section 56 (right to have someone informed when arrested), in subsection (10) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (4) In section 58 (access to legal advice), in subsection (12) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (5) In section 61 (fingerprinting), in subsection (9)(b) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (6) In section 61A (impressions of footwear), in subsection (8)(a) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (7) In section 62 (intimate samples), after subsection (12) insert—

(13) Nothing in this section applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under Part 2 of that Schedule.

• (8) In section 63 (other samples), in subsection (10) at the end insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (9) In section 63U (exclusion for certain regimes), after subsection (4) insert—

(4A) Sections 63D to 63T do not apply to material to which paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (destruction, retention and use of material) apply.

Legal Aid (Scotland) Act 1986 (c. 47)

19

In section 8A of the Legal Aid (Scotland) Act 1986 (criminal advice and assistance: automatic availability in certain circumstances), in subsection (2) at the end insert—

(d) a person who is detained under section 41 of, or Schedule 7 to, the Terrorism Act 2000, or (e) a person who is detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

20

• (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

• (2) In Article 51 (savings), after paragraph (b) insert—

(ba) the powers conferred by virtue of Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (powers of detention);

.

• (3) In Article 57 (right to have someone informed when arrested), in paragraph (10) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (4) In Article 59 (access to legal advice), in paragraph (12) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (5) In Article 61 (fingerprinting), in paragraph (9)(b) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (6) In Article 61A (impressions of footwear), in paragraph (8)(a) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (7) In Article 62 (intimate samples), after paragraph (12) insert—

(13) Nothing in this Article applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and paragraph (1A) does not apply where the non-intimate samples mentioned in that paragraph were taken under Part 2 of that Schedule.

• (8) In Article 63 (other samples), in paragraph (11) after “terrorism provisions” insert “ or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (9) In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.))), after paragraph (4) insert—

(4A) Articles 63B to 63Q do not apply to material to which paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (destruction, retention and use of material) apply.

Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813)

21

• (1) For paragraph 3 of Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 substitute—

(3) (1) The Terrorism Act 2000 is modified as follows. (2) Schedule 7 is modified in accordance with paragraphs (3) to (15). (3) In paragraph 1— (a) for sub-paragraph (2) substitute— (2) In this Schedule, “port” includes a railway station or other place where— (a) persons embark or disembark, or (b) goods are loaded or unloaded, on or from a through train or shuttle train. (b) in sub-paragraph (3), for “ship or aircraft” substitute “ through train or shuttle train ”, in both places where it occurs. (4) In paragraph 2— (a) in sub-paragraph (2), omit— (i) in paragraph (a), “or in the border area”; (ii) in paragraph (b), “or in the area”; (iii) in paragraph (b), the words from “or Northern Ireland” to the end; (b) in sub-paragraph (3)— (i) for “ship or aircraft” substitute “ through train or shuttle train ”; (ii) omit “or Northern Ireland”, in both places where it occurs; (c) after sub-paragraph (3) insert— (3A) An examination under sub-paragraph (1) may be commenced in a train during the period when it is a control area. (5) Omit paragraphs 3 and 4. (6) In paragraph 5, in the opening words, omit “or 3”. (7) In paragraph 6— (a) in the opening words, omit “or 3”; (b) in sub-paragraph (1), for “vehicle” substitute “ through train or shuttle train ”; (c) in sub-paragraph (2), for “ship, aircraft or vehicle” substitute “ through train or shuttle train ”. (8) In paragraph 7, for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs. (9) In paragraph 8— (a) for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs; (b) omit sub-paragraph (2). (10) In paragraph 9— (a) in sub-paragraph (2)— (i) in paragraph (a) omit “or Northern Ireland”; (ii) in paragraph (a) for “ship or vehicle” substitute “ through train or shuttle train ”; (iii) omit paragraph (b); (b) omit sub-paragraphs (2A) and (2B); (c) in sub-paragraph (2C), omit paragraph (b); (d) in sub-paragraph (4)— (i) for “ship or aircraft” substitute “ through train or shuttle train ”; (ii) omit paragraph (c). (11) Omit paragraph 12. (12) In paragraph 13— (a) in sub-paragraph (1)— (i) in the opening words, for “ships or aircraft” substitute “ through trains or shuttle trains ”; (ii) in sub-paragraph (1)(a), for “United Kingdom” substitute “ Tunnel System ”; (b) in sub-paragraph (2), for “ship or aircraft” substitute “ through train or shuttle train ”, in each place where it occurs. (13) For paragraph 14 substitute— (14) (1) The Secretary of State may from time to time give written notice to persons operating international services designating all or any through trains as control areas while they are within any area in the United Kingdom specified in the notice or while they constitute a control zone. (2) The Secretary of State may from time to time give written notice designating a control area— (a) to the Concessionaires as respects any part of the tunnel system in the United Kingdom or of a control zone within the tunnel system in France or Belgium, or (b) to any occupier or person concerned with the management of a terminal control point in the United Kingdom. (3) A notice under sub-paragraph (1) or (2) above may specify facilities to be provided and conditions and restrictions to be observed in a control area, and any persons to whom such a notice is given is to take all reasonable steps to secure that any such facilities, conditions or restrictions are provided or observed. (14) Omit paragraphs 15, 16 and 17. (15) Omit the Table of Designated Ports. (16) In Schedule 14 (exercise of officers' powers), in paragraphs 5 and 6, after “this Act”, in each place where it occurs, insert “ or the Channel Tunnel (International Arrangements) Order 1993 ”.

• (2) Nothing in sub-paragraph (1) affects the power in section 11 of the Channel Tunnel Act 1987 to revoke or amend any provision of the Order amended by that sub-paragraph.

Criminal Procedure (Scotland) Act 1995 (c. 46)

22

• (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

• (2) In section 18G (retention of samples etc: national security), in subsection (1)—

• (a) in paragraph (a) after “2000” insert “ or by virtue of paragraph 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”;

• (b) in paragraph (b) after “2000” insert “ or by virtue of paragraph 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (3) In section 19C (sections 18 and 19 to 19AA: use of samples etc), in subsection (1)—

• (a) in paragraph (a) after “2000” insert “ or by virtue of paragraph 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”;

• (b) in paragraph (b) after “2000” insert “ or by virtue of paragraph 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

Terrorism Act 2000 (c. 11)

23

• (1) The Terrorism Act 2000 is amended as follows.

• (2) In section 41 (arrest without warrant), in subsection (3)(b) after “Schedule 7” insert “ , or under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, ”.

• (3) In Schedule 8, in paragraph 20A(6) after paragraph (e) insert—

(ea) any of the fingerprints, data or samples obtained under or by virtue of paragraph 34 or 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, or information derived from such samples,

.

Regulation of Investigatory Powers Act 2000 (c. 23)

24

In section 3 of the Regulation of Investigatory Powers Act 2000 (lawful interception without an interception warrant), in subsection (3B) at the end insert “ or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) ”.

Postal Services Act 2000 (c. 26)

25

In section 104 of the Postal Services Act 2000 (inviolability of mails), in subsection (3)—

• (a) omit “or” at the end of paragraph (d);

• (b) at the end of paragraph (e) insert

, or (f) a power conferred by paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security).

Counter-Terrorism Act 2008 (c. 28)

26

In section 18 of the Counter-Terrorism Act 2008 (destruction of national security material not subject to existing statutory restrictions), in subsection (8) after paragraph (j) insert—

(k) paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011 (S.S.I. 2011/217)

27

• (1) In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial Conditions and Contributions) (Scotland) Regulations 2011—

• (a) the words from “to whom” to the end become paragraph (a), and

• (b) at the end of that paragraph insert

, or (b) who is detained— (i) under section 41 of, or Schedule 7 to, the Terrorism Act 2000, or (ii) under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

• (2) Nothing in sub-paragraph (1) affects any power under the Legal Aid (Scotland) Act 1986 to revoke or amend any provision of the regulations amended by that sub-paragraph.

Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

28

In Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (fingerprints and samples), in paragraph 5, after sub-paragraph (d) insert—

(da) any fingerprints or samples taken under paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 or any information derived from such a sample, (db) any relevant physical data taken or provided by virtue of paragraph 42 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,

.

Protection of Freedoms Act 2012 (c. 9)

29

In section 20 of the Protection of Freedoms Act 2012 (function of the Commissioner for the Retention and Use of Biometric Material to keep under review national security determinations)—

• (a) in subsection (2), in paragraph (a) after sub-paragraph (iv) insert—

(iva) paragraph 46 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019,

;

• (b) in subsection (6), after paragraph (d) insert—

(e) the retention and use in accordance with paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 of— (i) any material to which paragraph 43 or 49 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and (ii) any copies of any material to which paragraph 43 of that Schedule applies (fingerprints, relevant physical data and DNA profiles).

;

• (c) in subsection (8)—

• (i) omit “and” at the end of paragraph (a);

• (ii) at the end of (b) insert

, and (c) the reference in subsection (6)(e) to use of material, or copies of material, in accordance with paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 includes a reference to use of material, or copies of material, in accordance with section 19C(2)(c) and (d) of the Criminal Procedure (Scotland) Act 1995.

Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9)

30

• (1) In the Criminal Legal Aid (General) Regulations 2013, in regulation 12(2) (prescribed conditions)—

• (a) omit “or” at the end of paragraph (j);

• (b) at the end of paragraph (k) insert

, or (l) be detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

• (2) Nothing in sub-paragraph (1) affects any power under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 to revoke or amend any provision of the regulations amended by that sub-paragraph.

Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 196)

31

• (1) In regulation 4(2) of the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015 (exceptions from requirement to make a determination in respect of an individual's financial resources), after sub-paragraph (a) insert—

(aa) is detained under Schedule 7 to the Terrorism Act 2000 or under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;

.

• (2) Nothing in sub-paragraph (1) affects any power under the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend any provision of the regulations amended by that sub-paragraph.

Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 (S.R. (N.I.) 2015 No. 201)

32

• (1) In Schedule 2 to the Civil Legal Services (Remuneration) Order (Northern Ireland) 2015 (advice and assistance)—

• (a) for the title to Part 2 substitute “ Matters other than those relating to PACE, Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”;

• (b) in the title to Part 3 after “matters” insert “ , Schedule 7 to the Terrorism Act 2000 matters or Schedule 3 to the Counter-Terrorism and Border Security Act 2019 matters ”;

• (c) in note (1) to Table 1 in Part 3 (which refers to work relating to interviews conducted under the Police and Criminal Evidence (Northern Ireland) Order 1989), at the end insert “ , Schedule 7 to the Terrorism Act 2000 or Schedule 3 to the Counter-Terrorism and Border Security Act 2019 ”.

• (2) Nothing in sub-paragraph (1) affects any power under the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435 (N.I. 10)) to revoke or amend any provision of the Order amended by that sub-paragraph.

Investigatory Powers Act 2016 (c. 25)

33

In section 47 of the Investigatory Powers Act 2016 (postal services: interception for enforcement purposes), in subsection (2) at the end insert “ or under paragraph 9 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (border security) ”.

PART 4 — Other minor and consequential amendments

Criminal Procedure and Investigations Act 1996 (c. 25)

34

In section 29 of the Criminal Procedure and Investigations Act 1996 (power to order preparatory hearing), in subsection (6)(e), after “purposes of terrorism” insert “ , eliciting information about armed forces etc, entering or remaining in a designated area ”.

Terrorism Act 2000 (c. 11)

35

The Terrorism Act 2000 is amended as follows.

36

In section 13 (uniform), omit subsection (2).

37

In section 23A (forfeiture: other terrorism offences etc), in the list of provisions in subsection (2)(a), after the entry relating to section 57, 58 or 58A insert— “ section 58B (entering or remaining in a designated area); ”.

38

In section 118 (defences), in subsection (5)(a), after “58A,” insert “ 58B, ”.

39

In Schedule 14 (exercise of officers' powers), in paragraph 4 after sub-paragraph (2) insert—

(3) A person may be specified in an order under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).

Counter-Terrorism Act 2008 (c. 28)

40

The Counter-Terrorism Act 2008 is amended as follows.

41

In section 18E (sections 18 to 18E: supplementary provisions), in subsection (1), in paragraph (f) of the definition of “responsible officer”, for “Serious Organised Crime Agency”, in both places where it occurs, substitute “ National Crime Agency ”.

42

In section 27 (meaning of “terrorism offence”), in the list of provisions in subsection (1)(a), after the entry relating to sections 56 to 58A insert— “ section 58B (entering or remaining in a designated area), ”.

43

In section 40 (scheme of Part 4), in subsection (2)—

• (a) omit “and” at the end of paragraph (a);

• (b) after paragraph (b) insert

, and (c) warrants authorising entry and search of premises notified under this Part or where a person to whom the notification requirements apply resides or may be found.

44