The Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2018

Draft Order laid before Parliament under section 123(4)(m) of the Terrorism Act 2000 (c. 11), for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2018 No. ****

Prevention And Suppression Of Terrorism

The Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2018

Made

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Coming into force

31st January 2018

The Secretary of State makes this Order in exercise of the powers conferred by paragraph 7(3) and (4) of Schedule 14 to the Terrorism Act 2000(1) (“the Act”).

The Secretary of State has—

(a) issued a revised code of practice under paragraph 6(4) of Schedule 14 to the Act in connection with the exercise by authorised officers of functions conferred on them by virtue of the terrorist property provisions(2);

(b) in accordance with paragraph 7(1) and (4) of that Schedule, published a draft of the revised code of practice, considered any representations made about the draft and, modified the draft in the light of any representations made, and

(c) in accordance with paragraph 7(2) and (4) of that Schedule, laid a draft of the revised code of practice before Parliament.

In accordance with section 123(4)(m) of the Act(3), a draft of this instrument has been laid before and approved by a resolution of each House of Parliament.

Citation and commencement

1.  This Order may be cited as the Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2018 and comes into force on 31st January 2018.

Revised Code of Practice

2.  The revised code of practice entitled “Code of Practice for Officers acting under Schedule 1 to the Anti-Terrorism, Crime and Security Act 2001” laid in draft before Parliament on 23rd October 2017 comes into operation on 31st January 2018.

Revocations

3.  The Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2001(4) is revoked.

Name

Minister of State

Home Office

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order brings into operation on 31st January 2018 a revised code of practice made under paragraph 7 of Schedule 14 to the Terrorism Act 2000 (c. 11) (“the Act”) in connection with the exercise by authorised officers of functions conferred on them by Schedule 1 to the Anti-terrorism, Crime and Security Act 2001(c. 24) (“the 2001 Act”).

Schedule 1 to the 2001 Act provides authorised officers with powers to seize, freeze, detain, and forfeit terrorist cash, assets and funds held in bank or building society accounts. These powers must be exercised by authorised officers in accordance with a code of practice issued under paragraph 6 of Schedule 14 to the Act.

This Order revokes a previous order made under paragraph 7 of Schedule 14 to the Act.

An impact assessment has not been produced for this instrument as it has no direct impact on business, charities or voluntary bodies.

(1)

2000 c. 11. Relevant amendments are made to schedule 14 by section 2 of the Anti-terrorism, Crime and Security Act 2001 (c. 24).

(2)

Paragraph 1 of Schedule 14 to the Act defines “the terrorist property provisions” as meaning Schedule 1 to the Anti-terrorism, Crime and Security Act 2001.

(3)

Section 123 is amended by paragraphs 1 and 2 of Schedule 4 and paragraphs 75 and 77 of Schedule 5 to the Crime (International Co-operation) Act 2003 (c. 32), the Schedule to the Terrorism (Northern Ireland) Act 2006, section 22 of the Terrorism Act 2006 (c. 11), section 35(2) of the Counter-Terrorism Act 2008 (c. 28), and sections 58(2) of, and paragraphs 23 and 25 of Part 5 of Schedule 9 to, the Protection of Freedoms Act 2012 (c. 9).

(4)

S.I. 2001/425.