Proposed amendments
173 amendments across 22 provisions
Clause 1 9
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in doing so intends to encourage support for a proscribed organisation.”
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It is not an offence under subsection (1A) to express an opinion that a proscribed organisation should cease to be proscribed.”
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It is not an offence under subsection (1A) if the opinion or belief was published or broadcast for the purposes of journalism.”
Clause 2 6
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A person does not commit an offence under subsection (1A) if there is a reasonable excuse for the publication of that image, such as historical research, academic research or family photographs, and where the publication of that image was not intended to support or further the activities of a proscribed organisation.”
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A person does not commit an offence under subsection (1A) if—
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Before subsection (4) may come into force the Secretary of State must consult the Police Service of Northern Ireland and the Public Prosecution Service of Northern Ireland on the introduction of the power to seize an item of clothing or any other article in Northern Ireland.”
Clause 3 11
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after “if” insert “without reasonable excuse”;”
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Omit subsection (3).”
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the person’s action or possession was for the purposes of—
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at the time of the person’s action or possession, the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person committing or preparing an act of terrorism,
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The Secretary of State must issue guidance on what constitutes a reasonable excuse for the purposes of subsection (3).”
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The Secretary of State must issue guidance on what constitutes a reasonable excuse for the purposes of subsection (3).
Clause 4 33
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a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person’s death in consequence of that disease can reasonably be expected within 6 months.”
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in subsection (4), after paragraph (b) insert—
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If the person adduces evidence which is sufficient to raise an issue with respect to the matter, the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.”
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The cases in which a person has a reasonable excuse for the purposes of subsection (2) include (but are not limited to) those where—
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such other purpose as the Secretary of State may by regulations prescribe.”
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A person does not commit an offence under this section of entering, or remaining in, a designated area where—
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““relative” means spouse or civil partner, brother, sister, ancestor or lineal descendant;”
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A person does not commit an offence under this section if the person entered or remained in the designated area solely for one or more of the following reasons—
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Regulations under this section cease to have effect at the end of the period of 3 years beginning with the day on which they are made (unless they cease to have effect at an earlier time as a result of their revocation or by virtue of section 123(6ZA)(b)).
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Notwithstanding the generality of subsection (2), a person shall have a reasonable excuse if they enter or remain in a designated area for the purpose of—
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The cases in which a person has a reasonable excuse for the purpose of subsection (2) include where a person enters or remains in a designated area for the purposes of journalism.”
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Regulations laid before Parliament under subsection (6ZA) designating an area outside the United Kingdom must be accompanied by a statement setting out the grounds on which the Secretary of State has determined that the condition for making the regulations referred to in section 58C(2) is met in relation to that area.”
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the person has been granted authorisation by the Secretary of State to enter or remain in a designated area”
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Regulations under section 58C that only revoke previous regulations under that section are subject to annulment in pursuance of a resolution of either House of Parliament.”
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The Secretary of State shall set out in regulations provisions regarding authorisation under section (3)(c) including—
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Subsection (1) does not apply if the person enters, or remains in, the area solely for one or more of the following purposes—
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The conditions are that the Secretary of State is satisfied that—
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review each designation then in effect,
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Regulations made under subsection (1) cease to have effect at the end of a period of 3 years beginning with the day on which the regulations come into force.”
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A Minister of the Crown may not table a motion to approve any regulations made under this section unless the Intelligence and Security Committee of Parliament have reviewed the regulations and have laid before both Houses of Parliament a report including a recommendation of whether or not the regulations should be approved.”
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In section 123 (orders and regulations), in the list of provisions in subsection (4), after paragraph (b) insert—
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Clause 5 2
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After subsection (3) insert—
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Clause 6 7
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Section 17 of the Terrorism Act 2006 (commission of offences abroad) is amended as follows.
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In subsection (3), after “citizen” insert “(subject to subsection (3A))”.
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After subsection (2) of section 17 of that Act insert—
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an offence under section 12(1) or (1A) of that Act (inviting or expressing support for proscribed organisation);”
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After subsection (3) of that section of that Act insert—
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“Treason: aiding a hostile State or organisation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 7 2
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Clause 8 1
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Clause 9 1
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Clause 10 1
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Clause 11 1
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Clause 12 2
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For the purposes of this section the right to use a motor vehicle includes the right to use it as a borrower or by renting.”
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After section 53 (period for which notification requirements apply) insert—
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Clause 13 4
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that there are reasonable grounds to believe that the person to whom the warrant relates is in breach of his or her notification requirements,”
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Clause 16 6
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“Persons detained under port and border control powers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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in paragraph 2(4) leave out “whether or not” and insert “if”,
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In Schedule 7 to the Terrorism Act 2000 (port and border controls), in paragraph 6(1) at the end insert “if he has reasonable grounds to suspect the person or, in the case of stopping a vehicle, a person in the vehicle is a person falling within section 40(1)(b)”.”
Clause 19 8
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After subsection (3) insert—
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The Secretary of State must, within the period of 6 months beginning with the day on which this Act is passed, make arrangements for an independent review and report on the Government strategy for supporting people vulnerable to being drawn into terrorism.
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Section 37 (membership and proceedings of panel) is amended in accordance with subsections (4B) and (4C).
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After subsection (3) insert—
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In subsection (5), after paragraph (d) insert—
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After section 40 (indemnification), insert—
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The Secretary of State must within 6 months of the passing of this Act make arrangements for an independent review and report on the Government strategy for supporting people vulnerable to being drawn into terrorism.
Clause 20 5
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“Amendment to the criteria for proscription
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of proscription
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review: national identity numbers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review of proscription
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Continued participation in the European Arrest Warrant
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 21 7
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The Secretary of State must lay a report annually before both Houses of Parliament setting out details of the exercise of each of the powers provided by Schedule 3 to this Act, and Schedule 7 to the Terrorism Act 2000, during the year in question.
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“Review: national identity numbers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Review: dual passports
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Consultation on the impact of this Act on the right to protest etc
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
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“Access to a solicitor
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 26 5
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Before section 19 can come into force, the Secretary of State must revise the Government’s counter-terrorism strategy and any guidance under—
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Section 2(4) comes into force after the Secretary of State has performed the duty to consult under section 2(5) or two months after the passing of this Act, whichever is the later.”
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Before any of the provisions of this Act other than those which come into force on its passing can come into force, the Secretary of State must revise the existing guidance and strategies relating to counter-terrorism activities, including guidance issued under section 29 of the Counter-Terrorism and Security Act 2015, and lay all sets of the revised guidance before both Houses of Parliament.”
Schedule 1 2
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the cases in which a person “holds” an account include those where the person is entitled to operate the account;”
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Schedule 2 9
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the Commissioner for the Retention and Use of Biometric Material has consented under section 63G to the retention of the material.”
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A person whose biometric data is retained under the provisions of this Schedule may appeal to the Commissioner for the Retention and Use of Biometric Material (“the Commissioner”) for the destruction of that data when the conditions in sub-paragraph (2) are met.
Schedule 3 50
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Information or documents given by a person in response to the exercise of powers under paragraph 1 or 2 may not be used in evidence in criminal proceedings where that material falls within the meaning of section 13 of the Police and Criminal Evidence Act 1984 or section 264(1) to (4) or (6) and (7) of the Investigatory Powers Act 2016.”
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A person may refuse a request for documents or information under paragraph 3(1) where—
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A detainee must be informed of the right under this paragraph on first being detained.”
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A detainee must be informed of the right under this paragraph on first being detained.”
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This paragraph applies where a detainee exercises the right under paragraph 30 to consult a solicitor.
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A detainee must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.”
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Sub-paragraph (2) applies where a detainee exercises the right under paragraph 37(6) to consult a solicitor.
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A person may be specified in regulations under this paragraph only if the person exercises public functions (whether or not in the United Kingdom).”
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In order to inform a decision on whether to select a person for questioning under this paragraph an officer may approach a person and ask questions for screening purposes.
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The decision by an examining officer to select a person to question—
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give the examining officer on request a sample of P’s DNA.”
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The Investigatory Powers Commissioner (“the Commissioner”) must be informed when a person is stopped under the provisions of this paragraph.
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A person may refuse a request for documents or information under sub-paragraph (1) where—
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Information or documents given by a person in response to the exercise of powers under paragraph 1 or 2 may not be used in evidence in criminal proceedings where that material falls within the meaning of section 13 of the Police and Criminal Evidence Act 1984 or section 264(1) to (4) or (6) and (7) of the Investigatory Powers Act 2016.”
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This paragraph applies where—
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In sub-paragraph (3) “responsible chief officer” means—
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A requirement under this paragraph to invite representations from, or to provide information to, the person from whom an article was taken applies only so far as it is reasonably practicable to do so.”
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This paragraph applies where—
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Before proceeding under this paragraph in relation to an article, the Commissioner—
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Before proceeding under paragraph 15 in relation to a copy, the Commissioner—
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The detainee shall be informed of the rights in sub-paragraph (1) when first detained.”
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The detainee shall be informed of the rights in sub-paragraph (1) when first detained.”
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Schedule 4 1
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In Schedule 14 (exercise of officers’ powers), in paragraph 4 after sub-paragraph (2) insert—
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