Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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The following shall be paid out of money provided by Parliament--

(a) any expenditure of a Minister of the Crown under or by virtue of this Act, and

(b) any increase in the sums payable out of money provided by Parliament under any other enactment.

128 Commencement

The preceding provisions of this Act, apart from sections 2(1)(b) and (2) and 118 and Schedule 1, shall come into force in accordance with provision made by the Secretary of State by order.

129 Transitional provisions

(1) Where, immediately before the coming into force of section 2(1)(a), a person is being detained by virtue of a provision of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989--

(a) the provisions of that Act shall continue to apply to him, in place of the corresponding provisions of this Act, until his detention comes to an end, and

(b) nothing in paragraph 5 or 8 of Schedule 15 shall have effect in relation to him during his detention.

(2) Where--

(a) a person is detained by virtue of a provision of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and

(b) the provision ceases to have effect,

he shall be treated as lawfully detained under any corresponding provision of this Act.

(3) Where this Act repeals and re-enacts a 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,

the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law.

(4) A reference in this Act or any other enactment or instrument to a provision of this Act shall (so far as the context permits) be taken to include a reference to a corresponding provision repealed by this Act.

(5) The repeal by virtue of this Act of section 14 of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (young persons convicted of scheduled offences) shall not affect its operation in relation to offences committed while it was in force.

(6) Any document made, served or issued after the commencement of paragraph (a) or (b) of section 2(1) which contains a reference to an enactment repealed by that paragraph shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act.

(7) Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding 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.

(8) Section 117 shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section.

130 Extent

(1) Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom.

(2) Section 59 shall extend to England and Wales only.

(3) The following shall extend to Northern Ireland only--

(a) section 60, and

(b) Part VII.

(4) Section 61 shall extend to Scotland only.

(5) In Schedule 5--

(a) Part I shall extend to England and Wales and Northern Ireland only, and

(b) Part II shall extend to Scotland only.

(6) The amendments and repeals in Schedules 15 and 16 shall have the same extent as the enactments to which they relate.

131 Short title

This Act may be cited as the Terrorism Act 2000.

SCHEDULES

Section 2.

SCHEDULE 1 Northern Ireland (Emergency Provisions) Act 1996

Temporary extension

1 (1) This paragraph applies to any of the following if and in so far as it is in force immediately before the passing of this Act by virtue of an order under section 62(3) of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (duration)--

(a) a provision of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 (other than one mentioned in sub-paragraph (2)),

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

(2) This paragraph does not apply to the following provisions of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996--

(a) section 26(1)(b) (power of entry on authority of Secretary of State),

(b) section 35 (wearing of hoods), and

2 (1) A provision to which paragraph 1 applies shall continue in force for the period of 12 months starting with the day on which this Act is passed.

(2) The Secretary of State may by order provide for a provision to which paragraph 1 applies to continue in force for the period of 12 months immediately following the period mentioned in sub-paragraph (1).

3 (1) The powers under section 62(3)(a) and (c) of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies in respect of any period falling within--

(a) the period mentioned in paragraph 2(1), or

(b) a period specified in relation to that provision under paragraph 2(2).

(2) The power under section 62(3)(b) of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies at any time during--

(a) the period mentioned in paragraph 2(1), or

(b) a period specified in relation to that provision under paragraph 2(2).

4 The Secretary of State may by order provide for a provision to which paragraph 1 applies--

(a) to cease to have effect on a specified day;

(b) to cease to be capable of being the subject of an order under section 62(3) of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996.

5 The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 4.

6 (1) A provision of the [1996 c. 22.] Northern Ireland (Emergency Provisions) Act 1996 to which paragraph 1 does not apply shall continue to have effect for the purposes of, or in so far it relates to, any provision to which that paragraph does apply.

(2) While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue of this Schedule, the following shall also have effect--

(a) Part III of that Schedule (extra-territorial offences), and

(b) sections 3, 10 and 11 of that Act so far as they relate to offences which are scheduled offences by virtue of that Part.

Amendments during temporary extension

7 The provisions of the 1996 Act which continue in force by virtue of this Schedule shall be amended as follows.

8 In section 19 (arrest and seizure) after subsection (4) insert--

" (5) The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the [1998 c. 42.] Human Rights Act 1998. "

9 In section 20 (search for munitions, &c.) after subsection (5) insert--

" (5A) The power to extend a period conferred by subsection (5) may be exercised only once in relation to a particular search. "

10 In section 26 (powers of entry, &c.) after subsection (2) insert--

" (2A) The Secretary of State may grant an authorisation under subsection (2) only if he considers it necessary for the preservation of the peace or the maintenance of order. "

11 In section 33 (collection of information, &c.) after subsection (5) insert--

" (5A) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.

(5B) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). "

12 (1) Part V (private security services) shall have effect subject to the provisions of this paragraph.

(2) On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate.

(3) To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above.

(4) The applicant for a certificate may appeal to the High Court if--

(a) the application is refused,

(b) a condition is imposed on the grant of the certificate, or

(5) Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates--

(a) was taken for the purpose of preventing benefit from accruing to an organisation which was within section 39(8), and

(b) was justified by that purpose.

(6) If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant.

(7) Where the appellant is notified of the Secretary of State's intention to rely on a certificate under sub-paragraph (5)--

(a) he may appeal against the certificate to the Tribunal established under section 91 of the [1998 c. 47.] Northern Ireland Act 1998, and

(b) sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

(8) Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)--

(a) with any necessary modifications, and

(b) subject to any later rules made by virtue of sub-paragraph (7)(b).

Section 3.

SCHEDULE 2 Proscribed Organisations

The Irish Republican Army.

Cumann na mBan.

Fianna na hEireann.

The Red Hand Commando.

Saor Eire.

The Ulster Freedom Fighters.

The Ulster Volunteer Force.

The Irish National Liberation Army.

The Irish People's Liberation Organisation.

The Ulster Defence Association.

The Loyalist Volunteer Force.

The Continuity Army Council.

The Orange Volunteers.

The Red Hand Defenders.

Note

The entry for The Orange Volunteers refers to the organisation which uses that name and in the name of which a statement described as a press release was published on 14th October 1998.

Section 5.

SCHEDULE 3 The Proscribed Organisations Appeal Commission

Constitution and administration

1 (1) The Commission shall consist of members appointed by the Lord Chancellor.

(2) The Lord Chancellor shall appoint one of the members as chairman.

(3) A member shall hold and vacate office in accordance with the terms of his appointment.

(4) A member may resign at any time by notice in writing to the Lord Chancellor.

2 The Lord Chancellor may appoint officers and servants for the Commission.

3 The Lord Chancellor--

(a) may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants,

(b) may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and

Procedure

4 (1) The Commission shall sit at such times and in such places as the Lord Chancellor may direct.

(2) The Commission may sit in two or more divisions.

(3) At each sitting of the Commission--

(a) three members shall attend,

(b) one of the members shall be a person who holds or has held high judicial office (within the meaning of the [1876 c. 59.] Appellate Jurisdiction Act 1876), and

5 (1) The Lord Chancellor may make rules--

(a) regulating the exercise of the right of appeal to the Commission;

(b) prescribing practice and procedure to be followed in relation to proceedings before the Commission;

(d) making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);

(e) making provision about proof of the Commission's decisions.

(2) In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure--

(a) that decisions which are the subject of appeals are properly reviewed, and

(b) that information is not disclosed contrary to the public interest.

(3) The rules shall make provision permitting organisations to be legally represented in proceedings before the Commission.

(4) The rules may, in particular--

(a) provide for full particulars of the reasons for proscription or refusal to deproscribe to be withheld from the organisation or applicant concerned and from any person representing it or him;

(b) enable the Commission to exclude persons (including representatives) from all or part of proceedings;

(c) enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);

(d) permit preliminary or incidental functions to be discharged by a single member;

(e) permit proceedings for permission to appeal under section 6 to be determined by a single member;

(f) make provision about the functions of persons appointed under paragraph 7;

(g) make different provision for different parties or descriptions of party.

(5) Rules under this paragraph--

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6) In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

6 (1) This paragraph applies to--

(a) proceedings brought by an organisation before the Commission, and

(b) proceedings arising out of proceedings to which paragraph (a) applies.

(2) Proceedings shall be conducted on behalf of the organisation by a person designated by the Commission (with such legal representation as he may choose to obtain).

(3) In paragraphs 5 and 8 of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.

7 (1) The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b).

(2) The relevant law officer is--

(a) in relation to proceedings in England and Wales, the Attorney General,

(b) in relation to proceedings in Scotland, the Advocate General for Scotland, and

(3) A person appointed under this paragraph must--

(a) have a general qualification for the purposes of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990 (qualification for legal appointments),

(b) be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the [1980 c. 46.] Solicitors (Scotland) Act 1980, or

(4) A person appointed under this paragraph shall not be responsible to the organisation or other applicant whose interests he is appointed to represent.

(5) In paragraphs 5 and 8 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.

8 (1) Section 9(1) of the [1985 c. 56.] Interception of Communications Act 1985 (exclusion of evidence) shall not apply in relation to--

(a) proceedings before the Commission, or

(b) proceedings arising out of proceedings to which paragraph (a) applies.

(2) Evidence admitted by virtue of sub-paragraph (1) shall not be disclosed to--

(a) the organisation concerned,

(b) the applicant (where the organisation is not also the applicant), or

Section 23.

SCHEDULE 4 Forfeiture Orders

Part I England and Wales

Interpretation

1 In this Part of this Schedule--

"forfeiture order" means an order made by a court in England and Wales under section 23, and
"forfeited property" means the money or other property to which a forfeiture order applies.

Implementation of forfeiture orders

2 (1) Where a court in England and Wales makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may--

(a) require any of the forfeited property to be paid or handed over to the proper officer or to a constable designated for the purpose by the chief officer of police of a police force specified in the order;

(b) direct any of the forfeited property other than money or land to be sold or otherwise disposed of in such manner as the court may direct and the proceeds (if any) to be paid to the proper officer;

(c) appoint a receiver to take possession, subject to such conditions and exceptions as may be specified by the court, of any of the forfeited property, to realise it in such manner as the court may direct and to pay the proceeds to the proper officer;

(d) direct a specified part of any forfeited money, or of the proceeds of the sale, disposal or realisation of any forfeited property, to be paid by the proper officer to a specified person falling within section 23(7).

(2) A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(3) In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation.

(4) Section 140 of the [1980 c. 43.] Magistrates' Courts Act 1980 (disposal of non-pecuniary forfeitures) shall not apply.

3 (1) A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c).

(2) If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor.

(3) A receiver appointed under paragraph 2 shall not be liable to any person in respect of any loss or damage resulting from action--

(a) which he takes in relation to property which is not forfeited property, but which he reasonably believes to be forfeited property,

(b) which he would be entitled to take if the property were forfeited property, and

(c) which he reasonably believes that he is entitled to take because of his belief that the property is forfeited property.

(4) Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver's negligence.

4 (1) In paragraphs 2 and 3 "the proper officer" means--

(a) where the forfeiture order is made by a magistrates' court, the justices' chief executive for that court,

(b) where the forfeiture order is made by the Crown Court and the defendant was committed to the Crown Court by a magistrates' court, the justices' chief executive for the magistrates' court, and

(c) where the forfeiture order is made by the Crown Court and the proceedings were instituted by a bill of indictment preferred by virtue of section 2(2)(b) of the [1933 c. 36.] Administration of Justice (Miscellaneous Provisions) Act 1933, the justices' chief executive for the magistrates' court for the place where the trial took place.

(2) The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by--

(a) the prosecutor in the proceedings in which the forfeiture order was made,

(b) the defendant in those proceedings, or

(3) The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.

Restraint orders

5 (1) The High Court may make a restraint order under this paragraph where--

(a) proceedings have been instituted in England and Wales for an offence under any of sections 15 to 18,

(b) the proceedings have not been concluded,

(d) a forfeiture order has been made, or it appears to the High Court that a forfeiture order may be made, in the proceedings for the offence.

(2) The High Court may also make a restraint order under this paragraph where--

(a) it is satisfied that a person is to be charged in England and Wales with an offence under any of sections 15 to 18,

(b) an application for a restraint order is made to the High Court by the person who the High Court is satisfied will have the conduct of the proposed proceedings for the offence, and

(3) A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in sub-paragraph (1) or (2).

(4) An application for a restraint order may be made to a judge in chambers without notice.

(5) In this paragraph a reference to dealing with property includes a reference to removing the property from Great Britain.

6 (1) A restraint order shall provide for notice of it to be given to any person affected by the order.

(2) A restraint order may be discharged or varied by the High Court on the application of a person affected by it.

(3) In particular, a restraint order shall be discharged on an application under sub-paragraph (2)--

(a) in the case of an order made under paragraph 5(2), if the proceedings in respect of the offence are not instituted within such time as the High Court considers reasonable, and

(b) in any case, if the proceedings for the offence have been concluded.

7 (1) A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain.

(2) Property seized under this paragraph shall be dealt with in accordance with the High Court's directions.

8 (1) The [1972 c. 61.] Land Charges Act 1972 and the [1925 c. 21.] Land Registration Act 1925--

(a) shall apply in relation to restraint orders as they apply in relation to orders affecting land made by the court for the purpose of enforcing judgments or recognizances, and

(b) shall apply in relation to applications for restraint orders as they apply in relation to other pending land actions.

(2) Where a restraint order is made under paragraph 5(1) or an application for such an order is made, the prosecutor in the proceedings for the offence shall be treated for the purposes of section 57 of the [1925 c. 21.] Land Registration Act 1925 (inhibitions) as a person interested in respect of any registered land to which the restraint order or the application for the restraint order relates.

(3) Where a restraint order is made under paragraph 5(2) or an application for such an order is made, the person who the High Court is satisfied will have the conduct of the proposed proceedings shall be treated for the purposes of section 57 of that Act as a person interested in respect of any registered land to which the restraint order or the application for the restraint order relates.

Compensation

9 (1) This paragraph applies where a restraint order is discharged under paragraph 6(3)(a).

(2) This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which--

(a) do not result in conviction for an offence under any of those sections,

(b) result in conviction for an offence under any of those sections in respect of which the person convicted is subsequently pardoned by Her Majesty, or

(3) A person who had an interest in any property which was subject to the order may apply to the High Court for compensation.

(4) The High Court may order compensation to be paid to the applicant if satisfied--

(a) that there was a serious default on the part of a person concerned in the investigation or prosecution of the offence,

(b) that the person in default was or was acting as a member of a police force, or was a member of the Crown Prosecution Service or was acting on behalf of the Service,

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