(1) Where an application under section 33C is refused, the applicant may appeal to the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000 (referred to in this Part as “the Commission”).
(2) The Commission must allow an appeal against a refusal to remove the designation of a body or to remove an alternative name included in the designation of a body if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.
(3) Where the Commission allows an appeal under this section, it must make an order under this subsection.
(4) Where an order is made under subsection (3) in respect of an appeal against a refusal to remove the designation of a body, the Secretary of State must as soon as is reasonably practicable—
(a) lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the designation of the body, or
(b) make regulations under that section removing the designation of the body in accordance with section 96(6A).
(5) Where an order is made under subsection (3) in respect of an appeal against a refusal to remove an alternative name from a designation of a body, the Secretary of State must, as soon as is reasonably practicable—
(a) lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the alternative name from the designation, or
(b) make regulations under that section removing the alternative name from the designation in accordance with section 96(6A).
(1) A party to an appeal under section 33D which the Commission has determined may bring a further appeal on a question of law to—
(a) the Court of Appeal, if the first appeal was heard in England and Wales,
(b) the Court of Session, if the first appeal was heard in Scotland, or
(c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.
(2) An appeal under subsection (1) may be brought only with the permission—
(a) of the Commission, or
(b) where the Commission refuses permission, of the court to which the appeal would be brought.
(3) An order under section 33D(3) may not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the Supreme Court).
(1) This section applies where—
(a) an appeal under section 33D has been allowed in respect of a body,
(b) regulations have been made under section 33A in respect of the body in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),
(c) a person has been convicted of an offence in respect of the body under—
(i) any of sections 17A to 17C, or
(ii) any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and
(d) the conduct to which the charge referred took place on or after the date of the refusal to remove a designation against which the appeal under section 33D was brought.
(2) This section also applies where—
(a) an appeal under section 33D has been allowed in respect of an alternative name included in the designation of a body,
(b) regulations have been made under section 33A in respect of the alternative name in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),
(c) a person has been convicted of an offence in respect of the body under—
(i) any of sections 17A to 17C, or
(ii) any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and
(d) the conduct to which the charge referred took place on or after the date of the refusal, against which the appeal under section 33D was brought, to remove an alternative name from a designation of a body.
(3) A person mentioned in subsection (1)(c) or (2)(c) may appeal against the conviction.
(4) An appeal under subsection (3) is to be made—
(a) in the case of a conviction in England and Wales or Northern Ireland, to the Court of Appeal;
(b) in the case of a conviction in Scotland, to the High Court of Justiciary.
(5) On an appeal under subsection (3) to any court, that court must allow the appeal and quash the conviction.
(6) An appeal under subsection (3) to the Court of Appeal against a conviction—
(a) may be brought irrespective of whether the person has previously appealed against the conviction;
(b) must be brought within the period of 28 days beginning with the relevant date;
(c) is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case.
(7) An appeal under subsection (3) to the High Court of Justiciary against a conviction—
(a) may be brought irrespective of whether the person has previously appealed against the conviction;
(b) must be brought within the period of two weeks beginning with the relevant date;
(c) is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted.
(8) In this section “the relevant date” means—
(a) the date on which the regulations mentioned in subsection (1)(b) or (2)(b) come into force, or
(b) where the regulations are made in reliance on section 96(6A), the date on which they are approved by the second House of Parliament to approve them.
The Commission is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings which call into question a decision made by the Secretary of State in relation to an application made under section 33C.
(1) The following are not admissible as evidence in proceedings for an offence under any of sections 17A to 17C, or under any of sections 1, 2, 12, 13, 16 or 18 where the condition to be met is the designated body condition—
(a) evidence of anything done in relation to an application to the Secretary of State under section 33C,
(b) evidence of anything done in relation to proceedings before the Commission under section 33D or section 7(1) of the Human Rights Act 1998,
(c) evidence of anything done in relation to proceedings under section 33E, and
(d) any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).
(2) But subsection (1) does not prevent evidence from being adduced by, or on behalf of, the defendant (or, in Scotland, the accused person).
(1) In this Part—
“the Commission” means the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000;
“conduct” includes omissions and statements;
“designated body” has the meaning given by section 33A(3);
“the designated body condition” has the meaning given by section 33B;
“designation” means a designation under section 33A;
“enactment” includes—
an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru;
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment comprised in, or in an instrument made under, Northern Ireland legislation;
retained direct EU legislation;
“foreign power” has the meaning given by section 32;
“the foreign power condition” has the meaning given by section 31;
“foreign power threat activity” and “involvement”, in relation to such activity, have the meaning given by section 33;
“information” includes information about tactics, techniques and procedures;
“the maximum term for summary offences” means—
in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;
in relation to an offence committed after that time, 51 weeks.
(2) In this Part references to a part of the United Kingdom are references to—
(a) England and Wales,
(b) Scotland, or
(c) Northern Ireland.
(1) If an offence under this Part is committed by a body—
(a) with the consent or connivance of an officer of the body, or
(b) due to any neglect on the part of such an officer,
the officer, as well as the body, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) In this section—
“body” means a body corporate, a partnership or an unincorporated association other than a partnership;
“officer of a body”—
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;
in relation to a partnership, means a partner or person purporting to act as a partner;
in relation to an unincorporated association other than a partnership, means a person who is concerned in the management or control of the body or purports to act in the capacity of a person so concerned.
(3) In subsection (2) “director” includes—
(a) a person occupying in relation to a body corporate the position of a director (by whatever name called),
(b) a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of that body are accustomed to act, and
(c) a person who has an interest or right in, or in relation to, the body corporate that (whether alone or together with other interests or rights held by the person) enables the person materially to influence the policy of the body corporate.
(4) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.
(5) The Secretary of State may by regulations provide for the modification of any provision of this section in its application to a body corporate or unincorporated association formed or recognised under the law of a country or territory outside the United Kingdom.
(1) Where an offence under this Part may be committed by conduct taking place outside the United Kingdom, it may be so committed—
(a) in the case of conduct by an individual, whatever the nationality of the individual, and
(b) in the case of conduct by a person other than an individual, regardless of whether the body corporate or unincorporated association is formed or recognised under the law of a country or territory outside the United Kingdom.
(2) Subsection (1) is subject to sections 3(6) and 17(6) (commission of offences under sections 3 and 17 by conduct outside the United Kingdom).
(3) Where an offence under this Part is committed outside the United Kingdom—
(a) proceedings for the offence may be taken at any place in the United Kingdom, and
(b) the offence may for all incidental purposes be treated as having been committed at any such place.
(4) In the application of subsection (3) to Scotland, any such proceedings against a person may be taken—
(a) in any sheriff court district in which the person is apprehended or is in custody, or
(b) in such sheriff court district as the Lord Advocate may determine.
(5) “Sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
(1) This section applies to offences under this Part, except offences under—
(a) section 5 (unauthorised entry to a prohibited place);
(b) section 6 (prohibited place: failure to comply with order of constable);
(c) section 11 (cordoned area: failure to comply with order of constable);
(d) Schedule 2 (powers of entry, search and seizure);
(e) Schedule 3 (disclosure orders);
(f) Schedule 4 (customer information orders).
(2) Proceedings for an offence to which this section applies may be instituted—
(a) in England and Wales, only with the consent of the Attorney General;
(b) in Northern Ireland, only with the consent of the Advocate General for Northern Ireland.
If it is necessary in the interests of national security, a court may exclude the public from—
(a) any part of proceedings for an offence under this Part, or
(b) any part of proceedings relating to section 69A of the Sentencing Act 2020 (as inserted by section 19) or to section 20 or 21,
except for the passing of sentence.
39 Power to impose prevention and investigation measures
(1) The Secretary of State may by notice (a “Part 2 notice”) impose specified prevention and investigation measures on an individual if conditions A to E in section 40 are met.
(2) In this Part “prevention and investigation measures” means requirements, restrictions and other provision which may be made in relation to an individual by virtue of Schedule 7.
(3) In this section and Part 1 of Schedule 7 “specified” means specified in the Part 2 notice.
(4) The Secretary of State must publish factors that the Secretary of State considers are appropriate to take into account when deciding whether to impose restrictions on an individual by virtue of paragraph 2 of Schedule 7 (travel measure).
(1) Condition A is that the Secretary of State reasonably believes that the individual is, or has been, involved in foreign power threat activity.
(2) Condition B is that some or all of the foreign power threat activity in which the individual is, or has been, involved is new foreign power threat activity.
(3) Condition C is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting the United Kingdom from the risk of acts or threats within section 33(3), for prevention and investigation measures to be imposed on the individual.
(4) Condition D is that the Secretary of State reasonably considers that it is necessary, for purposes connected with preventing or restricting the individual's involvement in foreign power threat activity, for the prevention and investigation measures specified in the notice to be imposed on the individual.
(5) Condition E is that—
(a) the court gives the Secretary of State permission under section 42, or
(b) the Secretary of State reasonably considers that the urgency of the case requires prevention and investigation measures to be imposed without obtaining such permission.
(6) In relation to prevention and investigation measures under paragraph 1 of Schedule 7 (residence measure), conditions A, B and D (and subsection (7)) apply as if the references to foreign power threat activity were to foreign power threat activity which relates to acts or threats within section 33(3)(b) or (c).
(7) In this section “new foreign power threat activity” means—
(a) if no Part 2 notice relating to the individual has ever been in force, foreign power threat activity occurring at any time;
(b) if only one Part 2 notice relating to the individual has ever been in force, foreign power threat activity occurring after that notice came into force;
(c) if two or more Part 2 notices relating to the individual have been in force, foreign power threat activity occurring after such a notice came into force most recently.
(8) In this section references to foreign power threat activity, and to an individual’s involvement in such activity, include foreign power threat activity, and an individual’s involvement in such activity, occurring before section 39 comes into force.
(1) A Part 2 notice—
(a) comes into force when the notice is served on the individual or, if later, at the time specified for this purpose in the notice, and
(b) is in force for the period of one year.
(2) The Secretary of State may by notice extend a Part 2 notice for a period of one year beginning when the Part 2 notice would otherwise expire.
(3) A Part 2 notice—
(a) may be extended under subsection (2) only if conditions A, C and D are met, and
(b) may be so extended on up to four occasions.
(4) This section is subject, in particular, to sections 49 (revocation and revival of Part 2 notices) and 50 (replacement of Part 2 notice that is quashed etc).
(1) This section applies if the Secretary of State—
(a) makes the relevant decisions in relation to an individual, and
(b) makes an application to the court for permission to impose measures on the individual.
(2) The application must set out a draft of the proposed Part 2 notice.
(3) The function of the court on the application is—
(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and
(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).
(4) The court may consider the application—
(a) in the absence of the individual,
(b) without the individual having been notified of the application, and
(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
(5) But that does not limit the matters about which rules of court may be made.
(6) In determining the application, the court must apply the principles applicable on an application for judicial review.
(7) In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court may not give permission under this section.
(8) In any other case, the court may give permission under this section.
(9) If the court determines that the Secretary of State's decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8)) give directions to the Secretary of State in relation to the measures to be imposed on the individual.
(10) In this section “relevant decisions” means the decisions that the following conditions are met—
(a) condition A,
(b) condition B,
(c) condition C, and
(d) condition D.
(1) This section applies if the court—
(a) gives permission under section 42 for measures to be imposed on an individual, or
(b) confirms under paragraph 4(3) of Schedule 8 (whether or not subject to paragraph 4(2) of that Schedule) a Part 2 notice which imposes measures on an individual.
(2) The court must, at the hearing where it gives the permission or confirms the notice, give directions for a further hearing (a “directions hearing”)—
(a) which, unless the court otherwise directs (whether in those directions or subsequently), is to be held within the period of 7 days beginning with the relevant day, and
(b) which the individual is to have the opportunity to attend.
(3) In a case where this section applies because the court gives permission under section 42, directions given under subsection (2) may not be served on the individual unless the Part 2 notice has been served on that individual.
(4) At the directions hearing, the court must give directions for a further hearing (a “review hearing”) in relation to the imposition of measures on the individual.
(5) Directions under subsection (4) must provide for the review hearing to be held as soon as reasonably practicable.
(6) In this section “relevant day” means—
(a) in a case falling within subsection (1)(a), the day on which the Part 2 notice imposing the measures is served on the individual;
(b) in a case falling within subsection (1)(b), the day on which the court confirms the Part 2 notice.
(1) On a review hearing held in compliance with directions under section 44(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.
(2) In doing so, the court must apply the principles applicable on an application for judicial review.
(3) The court—
(a) must discontinue the review hearing if the individual requests the court to do so, and
(b) may discontinue the review hearing in any other circumstances.
(4) The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.
(5) The court has the following powers (and only those powers) on a review hearing—
(a) power to quash the Part 2 notice;
(b) power to quash measures specified in the Part 2 notice;
(c) power to give directions to the Secretary of State for, or in relation to—
(i) the revocation of the Part 2 notice, or
(ii) the variation of measures specified in the Part 2 notice.
(6) If the court does not exercise any of its powers under subsection (5), the court must decide that the Part 2 notice is to continue in force.
(7) If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the Part 2 notice is to continue in force subject to that exercise of that power.
(8) In this section “relevant conditions” means—
(a) condition A,
(b) condition B,
(c) condition C, and
(d) condition D.
46 Criminal investigations into foreign power threat activity
(1) The Secretary of State must consult the chief officer of the appropriate police force about the matter mentioned in subsection (2) before—
(a) making an application under section 42 for permission to impose measures on an individual, or
(b) imposing measures on an individual in a case to which section 40(5)(b) applies (urgency of the case requires measures to be imposed without obtaining the permission of the court).
(2) The matter is whether there is evidence available that could realistically be used for the purposes of prosecuting the individual for an offence—
(a) within section 33(3)(a), or
(b) relating to acts or threats within section 33(3)(b) or (c).
(3) The “appropriate police force” means the police force—
(a) that is investigating the commission of any such offence by the individual, or
(b) by which it appears to the Secretary of State that the commission of any such offence by the individual would fall to be investigated.
(4) If the Secretary of State serves a Part 2 notice on an individual, the Secretary of State must inform the chief officer of the appropriate police force—
(a) that the Part 2 notice has been served, and
(b) that the chief officer must act in accordance with the duty under subsection (5).
(5) After being informed of the matters mentioned in subsection (4), the chief officer must—
(a) secure that the investigation of the individual's conduct, with a view to a prosecution of the individual for an offence—
(i) within section 33(3)(a), or
(ii) relating to acts or threats within section 33(3)(b) or (c),
is kept under review throughout the period the Part 2 notice is in force, and
(b) report to the Secretary of State on the review carried out under paragraph (a).
(6) The chief officer must consult the relevant prosecuting authority before responding to consultation under subsection (1).
(7) The chief officer must also, to the extent that the chief officer considers it appropriate to do so, consult the relevant prosecuting authority in carrying out the duty under subsection (5)(a).
(8) The “relevant prosecuting authority” is—
(a) in the case of offences that would be likely to be prosecuted in England and Wales, the Director of Public Prosecutions;
(b) in the case of offences that would be likely to be prosecuted in Scotland, the Lord Advocate;
(c) in the case of offences that would be likely to be prosecuted in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.
(9) The duty to consult under subsection (1) or (6) may be satisfied by consultation that took place wholly or partly before the passing of this Act.
(10) In this section—
“chief officer”—
in relation to a police force maintained for a police area in England and Wales, means the chief officer of police of that force;
in relation to the Police Service of Scotland, means the chief constable of that Service;
in relation to the Police Service of Northern Ireland, means the Chief Constable of that Service;
in relation to the National Crime Agency, means the Director General of the National Crime Agency;
“police force” means—
a police force maintained for a police area in England and Wales;
the Police Service of Scotland;
the Police Service of Northern Ireland;
the National Crime Agency.
(1) The Secretary of State may by notice (a “variation notice”) vary measures specified in a Part 2 notice if—
(a) the variation consists of the relaxation or removal of measures,
(b) the variation is made with the consent of the individual, or
(c) the Secretary of State reasonably considers that the variation is necessary for purposes connected with preventing or restricting the individual's involvement in foreign power threat activity.
(2) The Secretary of State may by variation notice vary a relocation measure so as to substitute a different specified residence if the Secretary of State reasonably considers that—
(a) the variation is necessary for reasons connected with the efficient and effective use of resources in relation to the individual, and
(b) the relocation measure (as varied) remains necessary for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity which relates to acts or threats within section 33(3)(b) or (c).
(3) A “relocation measure” is a measure under paragraph 1(2) of Schedule 7 which requires the individual to reside at a specified residence within paragraph 1(3)(b) of that Schedule (requirement to reside at premises specified by Secretary of State other than individual's own residence).
(4) The individual to whom a Part 2 notice relates may make an application to the Secretary of State for the variation of measures specified in the notice.
(5) The Secretary of State must consider an application made under subsection (4).
(6) An application under subsection (4) must be made in writing.
(7) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application under subsection (4).
(8) The Secretary of State is not required to consider an application further unless any information requested under subsection (7) is provided in accordance with the notice mentioned in that subsection.
(9) A variation under subsection (1) or (2) takes effect when the variation notice is served or, if later, at the time specified for this purpose in the variation notice.
(10) The power under subsection (1) or (2) is exercisable whether or not an application has been made under subsection (4).
(11) In a case where a Part 2 notice—
(a) has expired as mentioned in section 49(6)(a), or
(b) has been revoked,
the power under subsection (1) or (2) may (in particular) be exercised in relation to the Part 2 notice before any revival of the Part 2 notice under section 49(6) so as to take effect at the time that the Part 2 notice comes back into force on its revival.
(12) In such a case, the question of whether condition D is met is to be determined for the purposes of section 49(6) by reference to the measures specified in the Part 2 notice as they would be after the exercise of the power under subsection (1) or (2).
(13) Subsection (2) does not limit the power under subsection (1).
(1) The Secretary of State may by notice (a “revocation notice”) revoke a Part 2 notice at any time.
(2) The revocation of a Part 2 notice takes effect when the revocation notice is served or, if different, at the time specified for this purpose in the revocation notice.
(3) The individual to whom a Part 2 notice relates may make an application to the Secretary of State for the revocation of the Part 2 notice.
(4) The Secretary of State must consider an application made under subsection (3).
(5) The power under subsection (1) is exercisable whether or not an application has been made under subsection (3).
(6) The Secretary of State may by notice (a “revival notice”) at any time revive a Part 2 notice which—
(a) has expired—
(i) without being extended under section 41(2), or
(ii) having been extended under section 41(2) on fewer than four occasions, or
(b) has been revoked,
if conditions A, C and D are met.
(7) The power of revival may be exercised—
(a) under subsection (6)(a) or (b) whether or not the Part 2 notice has previously been revoked and revived, and
(b) under subsection (6)(b) whether or not the Part 2 notice has been extended under section 41(2) (and regardless of how many times it has been so extended).
(8) But the power of revival under subsection (6)(b) may not be exercised to revive a Part 2 notice which the Secretary of State was required to revoke by directions given by the court in relevant proceedings.
(9) A Part 2 notice which is revived—
(a) comes back into force when the revival notice is served or, if later, at the time specified for this purpose in the revival notice,
(b) is in force—
(i) for the period of one year (in a case where the revived notice had expired), or
(ii) for the period of time for which the Part 2 notice would have continued in force if it had not been revoked (in a case where the revived notice had been revoked), and
(c) is treated as having been extended under section 41(2) on the same number of occasions (if any) as on which the revived notice had been so extended.
50 Replacement of a Part 2 notice that is quashed etc
(1) This section applies if—
(a) a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice, is quashed in relevant proceedings, or
(b) a Part 2 notice is revoked by the Secretary of State in compliance with directions given by the court in relevant proceedings.
(2) The replacement Part 2 notice is to be in force for the period of time for which the overturned notice would have continued in force but for the quashing or revocation.
(3) The replacement Part 2 notice is to be treated as having been extended under section 41(2) on the same number of occasions (if any) as on which the overturned notice had been so extended (including any extension that was quashed).
(4) Foreign power threat activity is to be treated as new foreign power threat activity in relation to the imposition of measures by the replacement Part 2 notice if it was new foreign power threat activity in relation to the imposition of measures by the overturned notice.
(5) Foreign power threat activity that occurs after the coming into force of the overturned notice does not cease to be new foreign power threat activity by virtue of the coming into force of the replacement Part 2 notice.
(6) Subsections (2) to (5) do not apply to the replacement notice if—
(a) some or all of the foreign power threat activity occurred after the overturned notice came into force, and
(b) the Secretary of State determines that those subsections should not apply to that notice.
(7) In this section—
“new foreign power threat activity” has the same meaning as in section 40;
“overturned notice” means the Part 2 notice to which the quashing or revocation referred to in subsection (1) relates;
“replacement Part 2 notice” means the first Part 2 notice to impose measures on the individual to whom the overturned notice relates after the quashing or revocation referred to in subsection (1).
51 Other provision relating to the quashing of Part 2 notice
(1) A power in relevant proceedings to quash a Part 2 notice, the extension of a Part 2 notice, the revival of a Part 2 notice, or measures specified in a Part 2 notice, includes—
(a) in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or
(b) in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.
(2) A decision in relevant proceedings to quash measures specified in a Part 2 notice, or (except as provided in section 50) a decision in relevant proceedings to quash, or to give directions to the Secretary of State in relation to, a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice, does not prevent the Secretary of State—
(a) from exercising any power under this Act to impose measures (whether or not to the same or similar effect as measures to which the decision relates), or
(b) from relying, in whole or in part, on any matters for the purpose of so exercising such a power (whether or not the matters were relied on in exercising powers under this Act in relation to measures or the Part 2 notice to which the decision relates).
(3) Schedule 9 makes provision about appeals against convictions.
(1) If the Secretary of State extends or revives a Part 2 notice (see section 41(2) or 49(6))—
(a) the individual to whom the Part 2 notice relates may appeal to the court against the extension or revival, and
(b) the function of the court on such an appeal is to review the Secretary of State's decisions that conditions A, C and D were met and continue to be met.
(2) If the Secretary of State varies measures specified in a Part 2 notice (and the variation does not consist of the relaxation or removal of measures) without the consent of the individual to whom the Part 2 notice relates—
(a) the individual may appeal to the court against the variation, and
(b) the function of the court on such an appeal is to review the Secretary of State’s decisions that the variation was necessary, and continues to be necessary, for purposes connected with preventing or restricting involvement by the individual in foreign power threat activity.
(3) If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for the variation of measures specified in the Part 2 notice (see section 48(4))—
(a) the individual may appeal to the court against any decision by the Secretary of State on the application, and
(b) the function of the court on such an appeal is to review the Secretary of State’s decisions that the measures to which the application relates were necessary, and continue to be necessary, for purposes connected with preventing or restricting involvement by the individual in foreign power threat activity.
(4) If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for the revocation of the notice (see section 49(3))—
(a) the individual may appeal to the court against any decision by the Secretary of State on the application, and
(b) the function of the court on such an appeal is to review the Secretary of State’s decisions that conditions A, C and D were met and continue to be met.
(5) If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for permission—
(a) the individual may appeal to the court against any decision by the Secretary of State on the application (including any decision about conditions to which permission is subject), and
(b) the function of the court on such an appeal is to review the decision.
(6) In determining the matters mentioned in subsections (1) to (5) the court must apply the principles applicable on an application for judicial review.
(7) The only powers of the court on an appeal under this section are—
(a) power to quash the extension or revival of the Part 2 notice;
(b) power to quash measures specified in the Part 2 notice;
(c) power to give directions to the Secretary of State for, or in relation to—
(i) the revocation of the Part 2 notice, or
(ii) the variation of measures specified in the Part 2 notice;
(d) power to give directions to the Secretary of State in relation to permission or conditions to which permission is subject.
(8) If the court does not exercise any of its powers under subsection (7), it must dismiss the appeal.
(9) In this section “permission” means permission for the purposes of measures specified in a Part 2 notice (see, in particular, paragraph 17 of Schedule 7).
53 Jurisdiction in relation to decisions under this Part
(1) Decisions relating to Part 2 notices are not to be questioned in any legal proceedings other than—
(a) proceedings in the court, or
(b) proceedings on appeal from such proceedings.
(2) The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to proceedings all or any part of which call a decision relating to a Part 2 notice into question.
(3) In this Part “decision relating to a Part 2 notice” means—
(a) a decision made by the Secretary of State in exercise or performance of any power or duty under any of sections 39 to 51 or under Schedule 7 or Schedule 8;
(b) a decision made by the Secretary of State for the purposes of, or in connection with, the exercise or performance of any such power or duty;
(c) a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 7 (movement directions measure) or paragraph 11(1)(b) of that Schedule (reporting measure);
(d) a decision by a polygraph operator to give a direction by virtue of paragraph 12(1)(c) of Schedule 7;
(e) a decision by a person to give a direction by virtue of paragraph 15(2)(d) of Schedule 7 (monitoring measure).
(1) No appeal lies from any determination of the court in relevant proceedings, except on a question of law.
(2) No appeal by any person other than the Secretary of State lies from any determination—
(a) on an application for permission under section 42, or
(b) on a reference under Schedule 8.
(3) Schedule 10 makes provision about proceedings relating to measures.
(1) The Secretary of State must—
(a) prepare a report about the exercise of the powers mentioned in subsection (2) during each period of 3 months beginning with the month in which section 39 comes into force, and
(b) lay a copy of each such report before Parliament.
(2) The powers referred to in subsection (1) are the powers of the Secretary of State under this Part—
(a) to impose measures on an individual by a Part 2 notice;
(b) to extend a Part 2 notice under section 41(2);
(c) to vary a Part 2 notice under section 48;
(d) to revoke a Part 2 notice under section 49(1);
(e) to revive a Part 2 notice under section 49(6).
(3) The duty under subsection (1) in relation to the preparation and laying of a report must be carried out as soon as reasonably practicable after the end of the 3 month period to which the report relates.
(1) An individual commits an offence if—
(a) a Part 2 notice is in force in relation to the individual, and
(b) the individual contravenes without reasonable excuse any measure specified in the notice.
(2) Where an individual—
(a) is subject to a measure specified under paragraph 2 of Schedule 7 (a “travel measure”), and
(b) leaves the United Kingdom or travels outside the United Kingdom,
subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.
(3) If the individual has the permission of the Secretary of State by virtue of Schedule 7 for an act which would, without that permission, contravene a measure specified in the Part 2 notice, the individual contravenes that measure by virtue of that act if the act is not in accordance with the terms of the permission.
(4) An individual who commits an offence under subsection (1) is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both);
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);
(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);
(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).
(5) Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (4)(a) has effect as if “10 years” were substituted for “5 years”.
(6) Where an individual is convicted by or before a court of an offence under subsection (1), it is not open to that court to make in respect of the offence—
(a) an order under section 80 of the Sentencing Code (conditional discharge),
(b) an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders), or
(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge).
(1) In a case where the Secretary of State serves a Part 2 notice, a revival notice or an extension notice on an individual, the Secretary of State must, by a further notice, give the following information to the individual—
(a) the period for which the Part 2 notice will be in force,
(b) the day on which the Part 2 notice comes, or came, into force, and
(c) the day on which the Part 2 notice will expire,
and, in the case of a revival or extension notice, “Part 2 notice” means the Part 2 notice which is revived or extended by that notice.
(2) An individual is not bound by—
(a) a Part 2 notice,
(b) a revival notice, or
(c) a variation notice insofar as it gives notice of a variation that is neither a relaxation or removal of measures, nor a variation with the individual's consent,
unless the notice is served personally on the individual.
(3) An individual is not bound by an extension notice unless the notice is—
(a) served personally on the individual, and
(b) so served before the Part 2 notice to which it relates would otherwise expire.
(4) Any of the following notices must be served on the individual to whom the notice relates—
(a) a revocation notice;
(b) a variation notice insofar as subsection (2)(c) does not apply to it;
(c) a confirmation notice.
(5) Any of the following notices may be proved by the production of a document purporting to be certified by the Secretary of State as a true copy of the notice—
(a) a Part 2 notice;
(b) an extension notice;
(c) a revocation notice;
(d) a revival notice;
(e) a variation notice;
(f) a confirmation notice.
(6) But that does not prevent the proof of such a notice in other ways.
(7) In this section—
“confirmation notice” means a notice given under subsection (1);
“extension notice” means a notice under section 41(2);
“revival notice” has the same meaning as in section 49(6);
“revocation notice” has the same meaning as in section 49(1);
“variation notice” has the same meaning as in section 48(1).
The Secretary of State may enter into such contracts and other arrangements with other persons as the Secretary of State considers appropriate for securing their assistance in connection with any monitoring, by electronic or other means, that the Secretary of State considers needs to be carried out in connection with measures specified in Part 2 notices.
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in Part 1 (services), after paragraph 45A insert—
Foreign power threat activity prevention and investigation measures
45B (1) Civil legal services provided to an individual in relation to a notice under section 39(1) of the National Security Act 2023 relating to the individual.
(2) Sub-paragraph (1) is subject to—
(a) the exclusions in Part 2 of this Schedule, with the exception of paragraph 18 of that Part, and
(b) the exclusion in Part 3 of this Schedule.
(1) In this Part—
“act” and “conduct” include omissions and statements;
“condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 40;
“court” means—
in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;
in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland;
in any other case, the High Court in England and Wales;
“decision relating to a Part 2 notice” has the meaning given in section 53;
“enactment” includes—
an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru;
an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
an enactment comprised in, or in an instrument made under, Northern Ireland legislation;
retained direct EU legislation;
“foreign power threat activity” and “involvement” (in relation to such activity) have the same meaning as in Part 1 (see section 33);
“measures” means prevention and investigation measures (which has the meaning given in section 39);
“notice” means a notice in writing;
“Part 2 notice” has the meaning given in section 39(1);
“relevant proceedings” means—
proceedings on an application for permission under section 42;
proceedings on a reference under Schedule 8;
proceedings on a directions hearing held in accordance with directions under section 44(2);
proceedings on a review hearing held in accordance with directions under section 44(4);
proceedings on an appeal under section 52;
proceedings by virtue of section 53(2);
proceedings on an application made by virtue of rules of court made under paragraph 6 of Schedule 10 (application for order requiring anonymity);
any other proceedings for questioning a decision relating to a Part 2 notice (including any claim for damages or other relief arising out of such a decision).
(2) In a case where—
(a) a Part 2 notice has come into force in relation to an individual, and
(b) by virtue of the coming into force of that Part 2 notice, foreign power threat activity which occurred before the coming into force of that notice has ceased to be new foreign power threat activity (within the meaning of section 40(7)) in relation to that individual for the purposes of that section,
the Secretary of State is not prevented from taking account of that activity for the purposes of the continued imposition, or subsequent imposition, of measures on that individual.
(3) For the purposes of the definition of “new foreign power threat activity” in section 40(7), if a Part 2 notice is revived under section 49(6), a reference to the notice coming into force is a reference to it coming into force by virtue of section 41(1) (and not to it coming back into force by virtue of section 49(9)).
(4) For the purpose of determining what measures may be imposed on an individual, it is immaterial whether the involvement in foreign power threat activity to be prevented or restricted by the measures is connected with matters to which the Secretary of State’s belief for the purpose of condition A relates.
This is subject to section 40(6).
(5) A failure by the Secretary of State to consider an application by an individual for—
(a) the revocation of a Part 2 notice, or
(b) the variation of measures specified in a Part 2 notice,
is to be treated as a decision by the Secretary of State not to revoke, or not to vary, the Part 2 notice.
(6) Subsections (2) to (5) apply for the purposes of this Part.
(1) The Secretary of State must appoint a person (the “independent reviewer”) to review the operation of—
(a) Part 1, except section 30;
(b) Part 2;
(c) Schedule 3 to the Counter-Terrorism and Border Security Act 2019, except the functions of the Investigatory Powers Commissioner under Part 1 of that Schedule.
(2) The independent reviewer—
(a) must carry out a review of the operation of those provisions for each calendar year (an “annual review”), and
(b) may carry out such other reviews of the operation of any of those provisions as they consider appropriate.
(3) An annual review must be completed as soon as reasonably practicable after the calendar year to which it relates.
(4) The independent reviewer must, by 31 January in each calendar year, inform the Secretary of State what (if any) reviews under subsection (2)(b) they intend to carry out in that year.
(5) The independent reviewer must send to the Secretary of State a report on the outcome of each review carried out under this section as soon as reasonably practicable after completion of the review.
(6) On receiving a report under this section, the Secretary of State must lay before Parliament—
(a) the report (but not any material removed under subsection (7)), and
(b) a statement as to whether any material has been removed under that subsection.
(7) The Secretary of State may, after consulting the independent reviewer, remove from the report any material whose publication the Secretary of State thinks would be contrary to the public interest, or prejudicial to—
(a) national security,
(b) the prevention or detection of crime,
(c) the economic well-being of the United Kingdom, or
(d) the continued discharge of the functions of any public authority whose activities include activities that are subject to review by the independent reviewer.
(8) “Public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
(9) The Secretary of State may pay to the independent reviewer—
(a) expenses incurred in carrying out the functions of the reviewer under this section, and
(b) such allowances as the Secretary of State determines.
(1) An annual review under section 63(2)(a) must in particular consider compliance with the relevant requirements in relation to persons detained under section 27 by virtue of a warrant of further detention under Part 6 of Schedule 6.
(2) The relevant requirements are requirements imposed—
(a) by or under Parts 1 to 5, and paragraph 45, of Schedule 6;
(b) by any relevant code of practice under section 66 of the Police and Criminal Evidence Act 1984 or Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
(3) The independent reviewer must ensure that a review is carried out into any case where—
(a) a person is detained under section 27 by virtue of a warrant of further detention under Part 6 of Schedule 6, and
(b) the period specified in that warrant is further extended under paragraph 44 of that Schedule to a time that is more than 14 days after the person’s arrest under section 27.
(4) A review under subsection (3) may be carried out by the independent reviewer or by another person.
(5) The independent reviewer must ensure that a report on the outcome of a review under subsection (3) is sent to the Secretary of State as soon as reasonably practicable after completion of the review.
(6) Section 63(6) to (8) applies to a report of a review under subsection (3).
(7) The expenses mentioned in section 63(9) include any expenses incurred by the independent reviewer in ensuring that another person carries out, and reports on, a review under subsection (3).
(8) “Independent reviewer” has the same meaning as in section 63.
65 Requirement to register foreign activity arrangements
(1) A “foreign activity arrangement” is an agreement or arrangement between a person (“P”) and a specified person pursuant to which the specified person directs P—
(a) to carry out relevant activities in the United Kingdom, or
(b) to arrange for relevant activities to be carried out in the United Kingdom.
(2) In this section “relevant activities”—
(a) if regulations under subsection (3) apply in relation to the specified person, has the meaning given by the regulations, and
(b) otherwise, means all activities.
(3) The Secretary of State may by regulations make provision about activities which are relevant activities for the purposes of this section, either in relation to all specified persons or in relation to such specified persons as the regulations may provide.
(4) Where P makes a foreign activity arrangement, P must register the arrangement with the Secretary of State before the end of the period of 10 days beginning with the day on which P makes the arrangement.
(5) P commits an offence if P—
(a) fails to comply with subsection (4), and
(b) knows, or having regard to other matters known to them ought reasonably to know, that the arrangement in question is a foreign activity arrangement.
(1) “Specified person” means—
(a) a foreign power specified by the Secretary of State in regulations;
(b) a person, other than a foreign power, specified by the Secretary of State in regulations.
(2) The regulations may specify a person other than a foreign power only if—
(a) the person is not an individual, and
(b) the Secretary of State reasonably believes the person is controlled by a foreign power.
(3) Schedule 13 makes provision about when a person is controlled by a foreign power.
(4) The Secretary of State may make regulations specifying a foreign power or a person other than a foreign power only if the Secretary of State considers it reasonably necessary to do so to protect the safety or interests of the United Kingdom.
(5) Regulations specifying a foreign power or a person other than a foreign power may provide for section 65(4) to apply, with modifications specified in the regulations, in relation to a foreign activity arrangement made with the specified person before the regulations come into force.
67 Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement
(1) This section applies where a person (“P”) makes a foreign activity arrangement required to be registered under section 65(4).
(2) P commits an offence if—
(a) P carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,
(b) the arrangement is not registered, and
(c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.
(3) A person other than P commits an offence if—
(a) the person carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,
(b) the arrangement is not registered, and
(c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.
(4) In proceedings for an offence under subsection (3) it is a defence to show that the person—
(a) took all steps reasonably practicable to determine whether the arrangement was registered, and
(b) reasonably believed that the arrangement was registered.
(5) A person is taken to have shown a matter mentioned in subsection (4) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.
(6) In this section “relevant activity” has the same meaning as in section 65.
68 Requirement to register relevant activities of specified persons
(1) A specified person who is not a foreign power must not carry out relevant activities in the United Kingdom unless the activities are registered with the Secretary of State by the specified person.
(2) A person who holds office in or under, or is an employee or other member of staff of, a specified person who is not a foreign power, must not carry out relevant activities in the United Kingdom in that capacity unless the activities are registered with the Secretary of State by the specified person.
(3) A person who holds office in or under, or is an employee or other member of staff of, a specified person who is a foreign power must not carry out relevant activities in the United Kingdom in that capacity if or to the extent that—
(a) the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person), and
(b) the activities are not registered with the Secretary of State by the specified person.
(4) In this section “relevant activities”—
(a) if regulations under subsection (5) apply in relation to the specified person, has the meaning given by the regulations, and
(b) otherwise, means all activities.
(5) The Secretary of State may by regulations make provision about activities which are relevant activities for the purposes of this section, either in relation to all specified persons or in relation to such specified persons as the regulations may provide.
(6) A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.
(7) A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.
(8) A misrepresentation may in particular include—
(a) a misrepresentation as to the person’s identity or purpose;
(b) presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
(9) A person who breaches a prohibition in subsection (1) or (2) commits an offence.
(10) A person who breaches a prohibition in subsection (3) commits an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that paragraph (a) of that subsection applies.
(11) In proceedings for an offence under subsection (9) or (10) it is a defence to show that the person—
(a) took all steps reasonably practicable to determine whether the activities were registered, and
(b) reasonably believed that the activities were registered.
(12) A person is taken to have shown a matter mentioned in subsection (11) if—
(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b) the contrary is not proved beyond reasonable doubt.