Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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20 (1) The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order.

(2) An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a county court judge in support of an application for an order under paragraph 5 would, if disclosed--

(a) be likely to place any person in danger, or

(b) be likely to prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18 or under section 56.

(3) Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications--

(a) references to a county court judge shall be taken as references to the Secretary of State,

(b) the references to "a terrorist investigation" in paragraphs 5(1) and 6(2)(a) shall be taken as references to an investigation of the commission, preparation or instigation of an offence under any of sections 15 to 18 or under section 56, and

(c) the references to "a terrorist investigation" in paragraphs 6(2)(b) and 6(3)(a) shall be taken as references to the investigation mentioned in paragraph 6(2)(a).

(4) Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph.

(5) The Secretary of State may vary or revoke an order made by virtue of this paragraph.

(6) A person commits an offence if he contravenes an order made by virtue of this paragraph.

(7) A person guilty of an offence under sub-paragraph (6) shall be liable--

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

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

21 (1) The Secretary of State may by a written order require any person in Northern Ireland who is specified in the order to provide an explanation of any material--

(a) seized in pursuance of an order under paragraph 19, or

(b) produced or made available to a constable in pursuance of an order made by virtue of paragraph 20.

(2) The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under this paragraph as they apply to an order under paragraph 13.

(3) The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraph as they apply to a notice under paragraph 16.

Part II Scotland

Order for production of material

22 (1) The procurator fiscal may apply to the sheriff for an order under this paragraph for the purposes of a terrorist investigation.

(2) An application for an order shall relate to particular material, or material of a particular description.

(3) An order under this paragraph may require a specified person--

(a) to produce to a constable within a specified period for seizure and retention any material which he has in his possession, custody or power and to which the application relates;

(b) to give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

(c) to state to the best of his knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his possession, custody or power within the period specified under paragraph (a) or (b).

(4) For the purposes of this paragraph--

(a) an order may specify a person only if he appears to the sheriff to have in his possession, custody or power any of the material to which the application relates, and

(b) a period specified in an order shall be the period of seven days beginning with the date of the order unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

(5) Where the sheriff makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of the procurator fiscal, order any person who appears to the sheriff to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

23 (1) The sheriff may grant an application under paragraph 22 if satisfied that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of that material.

(2) The first condition is that--

(a) the order is sought for the purposes of a terrorist investigation, and

(b) there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(3) The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given having regard--

(a) to the benefit likely to accrue to a terrorist investigation if the material is obtained, and

(b) to the circumstances under which the person concerned has any of the material in his possession, custody or power.

24 (1) An order under paragraph 22 may be made in relation to a person who appears to the sheriff to be likely to have any of the material to which the application relates in his possession, custody or power within the period of 28 days beginning with the date of the order.

(2) Where an order is made under paragraph 22 by virtue of this paragraph, paragraph 22(3) shall apply with the following modifications--

(a) the order shall require the specified person to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into his possession, custody or power,

(b) the reference in paragraph 22(3)(a) to material which the specified person has in his possession, custody or power shall be taken as a reference to the material referred to in paragraph (a) above which comes into his possession, custody or power, and

(c) the reference in paragraph 22(3)(c) to the specified period shall be taken as a reference to the period of 28 days beginning with the date of the order.

(3) Where an order is made under paragraph 22 by virtue of this paragraph, paragraph 22(4) shall not apply and the order--

(a) may only specify a person falling within sub-paragraph (1), and

(b) shall specify the period of seven days beginning with the date of notification required under sub-paragraph (2)(a) unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

25 (1) Subject to paragraph 33(1), an order under paragraph 22 shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of the information imposed by statute or otherwise.

(2) Where the material to which an application under paragraph 22 relates consists of information contained in a computer--

(a) an order under paragraph 22(3)(a) shall have effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, and

(b) an order under paragraph 22(3)(b) shall have effect as an order to give access to the material in a form in which it is visible and legible.

26 (1) An order under paragraph 22 may be made in relation to material in the possession, custody or power of a government department.

(2) Where an order is made by virtue of sub-paragraph (1)--

(a) it shall be served as if the proceedings were civil proceedings against the department, and

(b) it may require any officer of the department, whether named in the order or not, who may for the time being have in his possession, custody or power the material concerned, to comply with it.

(3) In this paragraph "government department" means a public department within the meaning of the Crown Suits Scotland Act 1857 and any part of the Scottish Administration.

27 (1) Provision may be made by Act of Adjournal as to--

(a) the recall and variation of orders under paragraph 22; and

(b) proceedings relating to such orders.

(2) The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1)--

(a) an order under paragraph 22 may be recalled or varied by the sheriff on a written application made to him by any person subject to the order;

(b) unless the sheriff otherwise directs on grounds of urgency, the applicant shall, not less than 48 hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order was made.

Searches

28 (1) The procurator fiscal may apply to the sheriff to grant a warrant under this paragraph for the purposes of a terrorist investigation.

(2) A warrant under this paragraph shall authorise any constable--

(a) to enter the premises specified in the warrant,

(b) to search the premises and any person found there, and

(3) For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.

(4) The sheriff may grant an application under this paragraph if satisfied--

(a) that the warrant is sought for the purposes of a terrorist investigation,

(b) that there are reasonable grounds for believing that there is material on premises specified in the application which is likely to be of substantial value to a terrorist investigation, and

(5) Where a warrant is granted in relation to non-residential premises, the entry and search must be within the period of 24 hours beginning with the time when the warrant is granted.

(6) For the purpose of sub-paragraph (5) "non-residential premises" means any premises other than those which the procurator fiscal has reasonable grounds for believing are used wholly or mainly as a dwelling.

(7) A warrant under this paragraph may authorise the persons named in the warrant to accompany the constable who is executing it.

29 (1) The conditions referred to in paragraph 28(4)(c) are--

(a) that an order made under paragraph 28 in relation to material on the premises has not been complied with, or

(b) that for any of the reasons mentioned in sub-paragraph (2) it would not be appropriate to make such an order.

(2) The reasons are--

(a) it is not practicable to communicate with any person entitled to produce the material,

(b) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or

(c) the investigation for the purposes of which the application is made may be seriously prejudiced unless a constable can secure immediate access to the material.

Explanations

30 (1) The procurator fiscal may apply to the sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of any material--

(a) seized in pursuance of a warrant under paragraph 28, or

(b) produced or made available to a constable under paragraph 22.

(2) Without prejudice to paragraph 33(1), an order under this paragraph may require a lawyer to provide the name and address of his client.

(3) A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against him--

(a) on a prosecution for an offence under section 2 of the [1933 c. 20.] False Oaths (Scotland) Act 1933, or

(b) on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

(4) Paragraphs 26 and 27 shall apply to orders under this paragraph as they apply to orders under paragraph 22.

Urgent cases

31 (1) A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 28.

(2) An order shall not be made under this paragraph unless the officer has reasonable grounds for believing--

(a) that the case is one of great emergency, and

(b) that immediate action is necessary.

(3) Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.

32 (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 22.

(2) Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under this paragraph as they apply to an order under that paragraph.

(3) A person commits an offence if he fails to comply with a notice under this paragraph.

(4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure.

(5) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.

Supplementary

33 (1) This Part of this Schedule is without prejudice to any rule of law whereby--

(a) communications between a professional legal adviser and his client, or

(b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

are in legal proceedings protected from disclosure on the ground of confidentiality.

(2) For the purpose of exercising any powers conferred on him under this Part of this Schedule a constable may, if necessary, open lockfast places on premises specified in an order under paragraph 22, a warrant under paragraph 28 or a notice under paragraph 32.

(3) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

Section 38.

SCHEDULE 6 Financial Information

Orders

1 (1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation.

(2) The information shall be provided--

(a) in such manner and within such time as the constable may specify, and

(b) notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.

(4) It is a defence for an institution charged with an offence under sub-paragraph (3) to prove--

(a) that the information required was not in the institution's possession, or

(b) that it was not reasonably practicable for the institution to comply with the requirement.

(5) An institution guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Procedure

2 An order under paragraph 1 may be made only on the application of--

(a) in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or

(b) in Scotland, the procurator fiscal.

3 An order under paragraph 1 may be made only by--

(a) in England and Wales, a Circuit judge,

(b) in Scotland, the sheriff, or

4 (1) Crown Court Rules may make provision about the procedure for an application under paragraph 1.

(2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.

Criteria for making order

5 An order under paragraph 1 may be made only if the person making it is satisfied that--

(a) the order is sought for the purposes of a terrorist investigation,

(b) the tracing of terrorist property is desirable for the purposes of the investigation, and

Financial institution

6 (1) In this Schedule "financial institution" means--

(a) a person who carries on a business of taking deposits for which he is authorised under the [1987 c. 22.] Banking Act 1987,

(b) a building society (within the meaning of the [1986 c. 53.] Building Societies Act 1986),

(c) a credit union (within the meaning of the [1979 c. 34.] Credit Unions Act 1979 or the [S.I. 1985/1205 (N.I.12).] Credit Unions (Northern Ireland) Order 1985),

(d) a person carrying on investment business within the meaning of the [1986 c. 60.] Financial Services Act 1986,

(e) the National Savings Bank,

(f) a person who carries out an activity for the purposes of raising money authorised to be raised under the [1968 c. 13.] National Loans Act 1968 under the auspices of the Director of National Savings,

(g) a European institution carrying on a home regulated activity (within the meaning of the Second Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions),

(h) a person carrying out an activity specified in any of points 1 to 12 and 14 of the Annex to that Directive, and

(i) a person who carries on an insurance business in accordance with an authorisation pursuant to Article 6 or 27 of the First Council Directive on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of direct life assurance.

(2) The Secretary of State may by order provide for a class of person--

(a) to be a financial institution for the purposes of this Schedule, or

(b) to cease to be a financial institution for the purposes of this Schedule.

(3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.

Customer information

7 (1) In this Schedule "customer information" means (subject to sub-paragraph (3))--

(a) information whether a business relationship exists or existed between a financial institution and a particular person ("a customer"),

(b) a customer's account number,

(d) a customer's date of birth,

(e) a customer's address or former address,

(f) the date on which a business relationship between a financial institution and a customer begins or ends,

(g) any evidence of a customer's identity obtained by a financial institution in pursuance of or for the purposes of any legislation relating to money laundering, and

(h) the identity of a person sharing an account with a customer.

(2) For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)--

(a) there is an arrangement between them designed to facilitate the carrying out of frequent or regular transactions between them, and

(b) the total amount of payments to be made in the course of the arrangement is neither known nor capable of being ascertained when the arrangement is made.

(3) The Secretary of State may by order provide for a class of information--

(a) to be customer information for the purposes of this Schedule, or

(b) to cease to be customer information for the purposes of this Schedule.

Offence by body corporate, &c.

8 (1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence--

(a) was committed with the consent or connivance of an officer of the institution, or

(b) was attributable to neglect on the part of an officer of the institution.

(2) The officer, as well as the institution, shall be guilty of the offence.

(3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to--

(a) imprisonment for a term not exceeding six months,

(b) a fine not exceeding level 5 on the standard scale, or

(4) In the case of an institution which is a body corporate, in this paragraph "officer" includes--

(a) a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary, and

(5) In the case of an institution which is a partnership, in this paragraph "officer" means a partner.

(6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph "officer" means a person concerned in the management or control of the association.

Self-incrimination

9 (1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.

(2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8).

Section 53.

SCHEDULE 7 Port and Border Controls

Interpretation

1 (1) In this Schedule "examining officer" means any of the following--

(a) a constable,

(b) an immigration officer, and

(c) a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.

(2) In this Schedule--

"the border area" has the meaning given by paragraph 4,
"captain" means master of a ship or commander of an aircraft,
"port" includes an airport and a hoverport,
"ship" includes a hovercraft, and
"vehicle" includes a train.

(3) A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that 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.

Power to stop, question and detain

2 (1) An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).

(2) This paragraph applies to a person if--

(a) he is at a port or in the border area, and

(b) the examining officer believes that the person's presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland.

(3) This paragraph also applies to a person on a ship or aircraft which has arrived in Great Britain or Northern Ireland.

(4) An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).

3 An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.

4 (1) A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.

(2) If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.

5 A person who is questioned under paragraph 2 or 3 must--

(a) give the examining officer any information in his possession which the officer requests;

(b) give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;

(d) give the examining officer on request any document which he has with him and which is of a kind specified by the officer.

6 (1) For the purposes of exercising a power under paragraph 2 or 3 an examining officer may--

(a) stop a person or vehicle;

(b) detain a person.

(2) For the purpose of detaining a person under this paragraph, an examining officer may authorise the person's removal from a ship, aircraft or vehicle.

(3) Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply.

(4) A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.

Searches

7 For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may--

(a) search a ship or aircraft;

(b) search anything on a ship or aircraft;

8 (1) An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)--

(a) search the person;

(b) search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;

(c) search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;

(d) search a ship or aircraft for anything falling within paragraph (b).

(2) Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)--

(a) search a vehicle;

(b) search anything in or on a vehicle;

(3) A search of a person under this paragraph must be carried out by someone of the same sex.

9 (1) An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in the commission, preparation or instigation of acts of terrorism.

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