Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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Change of personnel

12 Paragraphs 13 and 14 apply to a person who--

(a) holds a licence, or

(b) has made an application for a licence which has not yet been determined.

13 (1) If a person to whom this paragraph applies proposes to employ a security guard about whom information was not given under paragraph 6, he shall give the Secretary of State such information about the security guard as the Secretary of State may specify.

(2) The information shall be given not less than 14 days before the employment is to begin.

(3) For the purposes of this paragraph the provisions of paragraph 6(5) shall have effect in relation to a holder of or an applicant for a licence as they have effect for the purposes of paragraph 6 in relation to an applicant.

14 (1) A person to whom this paragraph applies shall give the Secretary of State such information about a relevant change of personnel as the Secretary of State may specify.

(2) The information shall be given--

(a) not less than 14 days before the change, or

(b) if that is not reasonably practicable, as soon as is reasonably practicable.

(3) A relevant change of personnel is--

(a) where the application for the licence was made by a partnership or a member of a partnership, a change in the members of the partnership, and

(b) where the application for the licence was made by a body corporate, a change in the officers of the body (within the meaning of paragraph 6).

(4) But a change of personnel is not relevant if it was mentioned in the information given under paragraph 6.

15 (1) A person commits an offence if he fails to comply with paragraph 13 or 14.

(2) A person guilty of an offence under this paragraph 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

Records

16 (1) A constable may--

(a) enter premises where a business involving the provision of security services is being carried on, and

(b) require records kept there of a person employed as a security guard to be produced for the constable's inspection.

(2) A constable exercising the power under this paragraph--

(a) shall identify himself to a person appearing to be in charge of the premises, and

(b) if the constable is not in uniform, shall produce to that person documentary evidence that he is a constable.

(3) A person commits an offence if he fails to comply with a requirement 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) 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

17 (1) A person who provides security services for reward commits an offence if he makes or keeps a record of a person employed by him as a security guard which he knows to be false or misleading in a material particular.

(2) A person guilty of an offence under this paragraph 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.

Offence: body corporate

18 (1) This paragraph applies where an offence under this Schedule committed by a body corporate is proved--

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

(b) to be attributable to neglect on the part of an officer of the body corporate.

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

(3) In this paragraph "officer" includes--

(a) a director, manager or secretary,

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

Notice

19 (1) A notice under this Schedule shall be in writing.

(2) Information required to be given to the Secretary of State under this Schedule--

(a) shall be in writing, and

(b) may be sent to him by post.

(3) The Secretary of State may serve a notice under this Schedule on an individual--

(a) by delivering it to him,

(b) by sending it by post addressed to him at his usual or last-known place of residence or business, or

(4) The Secretary of State may serve a notice under this Schedule on a partnership--

(a) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or

(b) by addressing it to a partner or to a person mentioned in paragraph (a) and leaving it at that office.

(5) The Secretary of State may serve a notice under this Schedule on a body corporate--

(a) by sending it by post to the secretary or clerk of the body at its registered or principal office, or

(b) by addressing it to the secretary or clerk of the body and leaving it at that office.

(6) The Secretary of State may serve a notice under this Schedule on any person--

(a) by delivering it to his solicitor,

(b) by sending it by post to his solicitor at his solicitor's office, or

(7) Sub-paragraphs (3) to (6) do not apply in relation to a notice under paragraph 11.

Section 115.

SCHEDULE 14 Exercise of Officers' Powers

General

1 In this Schedule an "officer" means--

(a) an authorised officer within the meaning given by section 24, and

(b) an examining officer within the meaning of Schedule 7.

2 An officer may enter a vehicle (within the meaning of section 121) for the purpose of exercising any of the functions conferred on him by virtue of this Act.

3 An officer may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).

Information

4 (1) Information acquired by an officer may be supplied--

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

(b) to the Commissioners of Customs and Excise or a customs officer;

(d) to the Director General of the National Criminal Intelligence Service or of the National Crime Squad;

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

(2) Information acquired by a customs officer or an immigration officer may be supplied to an examining officer within the meaning of Schedule 7.

Code of practice

5 An officer shall perform functions conferred on him by virtue of this Act in accordance with any relevant code of practice in operation under paragraph 6.

6 (1) The Secretary of State shall issue codes of practice about the exercise by officers of functions conferred on them by virtue of this Act.

(2) The failure by an officer to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

(3) A code--

(a) shall be admissible in evidence in criminal and civil proceedings, and

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

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

7 (1) Before issuing a code of practice the Secretary of State shall--

(a) publish a draft code,

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

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

(3) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

(4) This paragraph has effect in relation to the issue of a revised code as it has effect in relation to the first issue of a code.

Section 125.

SCHEDULE 15 Consequential Amendments

Criminal Justice Act 1967 (c. 80)

1 (1) The [1967 c. 80.] Criminal Justice Act 1967 shall be amended as follows.

(2) In section 67(7)(b) (computation of sentences) for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 41 of the Terrorism Act 2000".

Treatment of Offenders Act (Northern Ireland) 1968 (c. 29 (N.I.))

2 (1) The [1968 c. 29(N.I.).] Treatment of Offenders Act (Northern Ireland) 1968 shall be amended as follows.

(2) In section 26(6)(b) (definition of police detention) for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 41 of the Terrorism Act 2000".

Suppression of Terrorism Act 1978 (c. 26)

3 (1) The [1978 c. 26.] Suppression of Terrorism Act 1978 shall be amended as follows.

(2) For paragraph 19A of Schedule 1 (list of offences) substitute--

" Financing terrorism

19A An offence under any of sections 15 to 18 of the Terrorism Act 2000. "

Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I.8))

4 (1) In Schedule 1 to the [S.I. 1981/228 (N.I. 8)] Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (proceedings for which legal aid may be given under Part II of that Order) at the end of Part I insert--

" 8 Proceedings brought by an individual before the Proscribed Organisations Appeal Commission. "

(2) The amendment made by sub-paragraph (1) is without prejudice to the power to make regulations under Article 10(2) of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 amending or revoking the provision inserted by that sub-paragraph.

Police and Criminal Evidence Act 1984 (c. 60)

5 (1) The [1984 c. 60] Police and Criminal Evidence Act 1984 shall be amended as follows.

(2) For section 30(12)(c) (arrest elsewhere than at a police station) substitute--

" (c) any provision of the Terrorism Act 2000. "

(3) In section 32(10) (search upon arrest) for "section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 43 of the Terrorism Act 2000".

(4) For section 51(b) (savings: Part IV) substitute--

" (b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention); " .

(5) For section 56(10) and (11) (application of right to have someone informed) substitute--

" (10) Nothing in this section applies to a person arrested or detained under the terrorism provisions. "

(6) For section 58(12) to (18) (application of right of access to legal advice) substitute--

" (12) Nothing in this section applies to a person arrested or detained under the terrorism provisions. "

(7) For section 61(9)(b) (fingerprinting: disapplication) substitute--

" (b) applies to a person arrested or detained under the terrorism provisions. "

(8) For section 62(12) (intimate samples: disapplication) substitute--

" (12) Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000. "

(9) For section 63(10) (non-intimate samples: disapplication) substitute--

" (10) Nothing in this section applies to a person arrested or detained under the terrorism provisions. "

(10) In section 65 (interpretation) for the definitions of "the terrorism provisions" and "terrorism" substitute--

" "the terrorism provisions" means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and

"terrorism" has the meaning given in section 1 of that Act. "

(11) In section 116 (definition of serious arrestable offence for the purposes of sections 56 and 58)--

(a) in subsection (3) for "subsections (4) and (5)" substitute "subsection (4)", and

(b) subsection (5) shall cease to have effect.

(12) For section 118(2)(a) (definition of police detention) substitute--

" (a) he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or. "

Criminal Justice Act 1988 (c. 33)

6 (1) The Criminal Justice Act 1988 shall be amended as follows.

(2) In section 71(9)(c)(ii) (offences to which Part VI (confiscation) does not apply) for "or an offence under Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "or an offence under any of sections 15 to 18 of the Terrorism Act 2000".

(3) For section 74(2)(d) and (e) (realisable property) substitute--

" (d) an order under section 23 of the Terrorism Act 2000 (forfeiture orders), or

(e) an order under section 111 of the Terrorism Act 2000 (forfeiture orders), " .

(4) In section 93E (application to Scotland of sections 93A to 93D)--

(a) in the definition of offences to which Part VI of the Act applies, for "Part III of the Prevention of Terrorism Act 1989" substitute "any of sections 15 to 18 of the Terrorism Act 2000", and

(b) in the definition of proceeds of criminal conduct, for paragraph (b) substitute--

" (b) terrorist property within the meaning of section 14 of the Terrorism Act 2000 " .

Elected Authorities (Northern Ireland) Act 1989 (c. 3)

7 (1) The Elected Authorities (Northern Ireland) Act 1989 shall be amended as follows.

(2) In section 6(5) (breach of terms of declaration), in the definition of "proscribed organisation" for "section 30 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 3 of the Terrorism Act 2000".

(3) In Schedule 2 (declaration against terrorism) for "Schedule 2 to the Northern Ireland (Emergency Provisions) Act 1996" substitute "Schedule 2 to the Terrorism Act 2000".

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

8 (1) The [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.

(2) In Article 2(2) (interpretation) for the definitions of "the terrorism provisions" and "terrorism" substitute--

" "the terrorism provisions" means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention;

"terrorism" has the meaning given in section 1 of that Act. "

(3) In Article 2(3) (definition of police detention) for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5 to that Act by an examining officer who is a constable" substitute "section 41 of the Terrorism Act 2000".

(4) For Article 4(3)(b) (provisions relating to powers to stop and search) substitute--

" (b) sections 85, 95 and 116 of and Schedule 10 to the Terrorism Act 2000, and " .

(5) In Article 11(3) (special provisions as to access) for "section 17 of, and Schedule 7 to, the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "sections 37 and 38 of, and Schedules 5 and 6 to, the Terrorism Act 2000".

(6) In Article 30(3) (information to be given on arrest) for "section 19(2) of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 83(2) of the Terrorism Act 2000".

(7) For Article 32(15)(b) (arrest elsewhere than at a police station) substitute--

" (b) any provision of the Terrorism Act 2000. "

(8) In Article 34(10) (search upon arrest) for "section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 43 of the Terrorism Act 2000".

(9) For Article 51(b) (savings: Part V) substitute--

" (b) the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention); " .

(10) In Article 60 (tape-recording of interviews), omit paragraph (2).

(11) For Article 61(9)(b) (fingerprinting: application) substitute--

" (b) applies to a person arrested or detained under the terrorism provisions " .

(12) For Article 62(12) (intimate samples: application) substitute--

" (12) Nothing in this Article applies to a person arrested or detained under the terrorism provisions; and paragraph (1A) shall not apply where the non-intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000. "

(13) For Article 63(11) (non-intimate samples: application) substitute--

" (11) Nothing in this Article applies to a person arrested or detained under the terrorism provisions " .

(14) In Article 66 (codes of practice), omit paragraph (12).

(15) In Article 74(9) (confessions) for "section 12 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 76 of the Terrorism Act 2000".

(16) In Article 76(2)(b) (exclusion of unfair evidence) for "subsection (1) of section 12 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "subsection (1) of section 76 of the Terrorism Act 2000".

Criminal Justice and Public Order Act 1994 (c. 33)

9 In section 139(11) of the [1994 c. 33.] Criminal Justice and Public Order Act 1994 (search powers available on arrests under sections 136 and 137) for "section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989" there shall be substituted "section 43 of the Terrorism Act 2000".

Drug Trafficking Act 1994 (c. 37)

10 (1) The [1994 c. 37.] Drug Trafficking Act 1994 shall be amended as follows.

(2) In section 6(3) (realisable property)--

(a) in paragraph (d) for "section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 23 of the Terrorism Act 2000", and

(b) for paragraph (f) there shall be substituted--

" (f) section 111 of the Terrorism Act 2000 (forfeiture orders). "

Proceeds of Crime (Scotland) Act 1995 (c. 43)

11 (1) The [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995 shall be amended as follows.

(2) In subsection (2) of section 1 (offences to which Part I (confiscation) applies), for "Part III of the 1989 Act" substitute "any of sections 15 to 18 of the Terrorism Act 2000".

(3) In subsection (1)(c) of section 42 (reciprocal enforcement of orders), for "1989 Act" substitute "Terrorism Act 2000".

(4) In subsection (1) of section 49 (interpretation), the definition of "the 1989 Act" shall cease to have effect.

Northern Ireland (Remission of Sentences) Act 1995 (c. 47)

12 (1) The following shall be substituted for section 1(1) and (2) of the [1995 c. 47.] Northern Ireland (Remission of Sentences) Act 1995 (release on licence of persons subject to restricted remission)--

" 1 (1) This section applies to persons serving sentences to which section 79 of the Terrorism Act 2000 applies (restricted remission for persons sentenced for scheduled offences).

(2) A person to whom this section applies shall be released on licence for the period (or, where that period has partly elapsed, for the remainder of the period) during which, by reason only of section 79, he is prevented from being discharged in pursuance of prison rules. "

(2) The following shall be substituted for section 1(6) of that Act--

" (6) Section 80 of the Terrorism Act 2000 and Part II of the Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge from prison, &c.) shall apply in relation to a person released on licence under this section as if he had been discharged in pursuance of prison rules. "

Criminal Procedure and Investigations Act 1996 (c. 25)

13 (1) The [1996 c. 25.] Criminal Procedure and Investigations Act 1996 shall, in its application to Northern Ireland (as set out in Schedule 4 to that Act), be amended as follows.

(2) In section 14A(1) (public interest: review for scheduled offences) for "section 1 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 65 of the Terrorism Act 2000".

(3) In section 39(3)(a) (start of trial on indictment without a jury) for "section 11 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 75 of the Terrorism Act 2000".

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

14 (1) The [S.I. 1996/1299 (N.I. 9)] Proceeds of Crime (Northern Ireland) Order 1996 shall be amended as follows.

(2) In Article 2(4)(b) (offences to which Order does not apply) for "Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "any of sections 15 to 18 of the Terrorism Act 2000".

(3) In Article 5(3) (realisable property) for sub-paragraph (c) substitute--

" (c) section 23 or 111 of the Terrorism Act 2000 (forfeiture orders). "

Northern Ireland Arms Decommissioning Act 1997 (c. 7)

15 (1) This paragraph applies to a reference in paragraph 9 or 10 of the Schedule to the [1997 c. 7] Northern Ireland Arms Decommissioning Act 1997 (amnesty) to an offence under a provision ("the old provision") of--

(a) the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, or

(b) the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996.

(2) The reference shall be taken as a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.

(3) Sub-paragraph (2) has effect for the purpose of the application of section 4(1) of the [1997 c. 7)] Northern Ireland Arms Decommissioning Act 1997 (amnesty) in relation to anything done after the old provision ceases to have effect.

Northern Ireland (Sentences) Act 1998 (c. 35)

16 (1) The [1998 c. 35] Northern Ireland (Sentences) Act 1998 shall be amended as follows.

(2) In section 5 (fixed term prisoners: special cases)--

(a) in subsection (2) for "section 16(2) of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 80(2) of the Terrorism Act 2000",

(b) in subsection (3)(a) for "section 16(2) of the 1996 Act" substitute "section 80(2) of the 2000 Act",

(d) at the end of subsection (4)(b) insert " , and

(3) For section 14(3)(a) (inadmissibility of evidence or information in certain proceedings) substitute--

" (a) be admissible in proceedings on applications made under paragraph 1, 2, 5, 11, 13, 22, 28 or 30 of Schedule 5 to the Terrorism Act 2000. "

17 (1) This paragraph applies to a reference in section 14(2) of the Northern Ireland (Sentences) Act 1998 (inadmissibility of evidence or information in certain proceedings) to an offence under a provision ("the old provision") of--

(a) the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, or

(b) the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996.

(2) The reference shall be taken as including a reference to an offence under this Act which is committed in circumstances which would have amounted to the commission of an offence under the old provision before it ceased to have effect.

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