Terrorism Prevention and Investigation Measures Act 2011

Section 29

SCHEDULE 7 Minor and consequential amendments

Part 1 General

Senior Courts Act 1981

1 In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen’s Bench Division)—

(a) omit sub-paragraph (ba), and

(b) after sub-paragraph (bc) insert—

“(bd) all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);”.

Police and Criminal Evidence Act 1984

2 In Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.

Criminal Justice Act 1988

3 In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriages of justice)—

(a) omit paragraph (d), and

(b) at the end of paragraph (e) insert “; or

(f) on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011.”.

Regulation of Investigatory Powers Act 2000

4 (1) Section 18 of the Regulation of Investigatory Powers Act 2000 (exceptions to exclusion of intercepted communications etc from legal proceedings) is amended as follows.

(2) In subsection (1)—

(a) omit paragraph (da), and

(b) after paragraph (dc) insert—

“(dd) any TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011) or any proceedings arising out of such proceedings;”.

(3) In subsection (2)—

(a) for “(da)” (before “to (f)”) substitute “(db)”,

(b) omit paragraph (za), and

(c) after paragraph (zb) insert—

“(zc) in the case of proceedings falling within paragraph (dd), to—

(i) a person, other than the Secretary of State, who is or was a party to the proceedings, or

(ii) any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate under Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011) represents a person falling within sub-paragraph (i);”.

Counter-Terrorism Act 2008

5 (1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 1 (power to remove documents for examination), in subsection (1)—

(a) omit paragraph (e);

(b) after paragraph (f) insert—

“(g) paragraphs 6, 7, 8 or 10 of Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011.”.

(3) Omit sections 10 to 13 (power to take fingerprints and samples from person subject to control order).

(4) Omit sections 78 to 81 (provision in relation to control orders).

Crime and Security Act 2010

6 (1) The Crime and Security Act 2010 is amended as follows.

(2) In section 6(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence Act 1984, omit paragraphs 4 and 12.

(3) In section 12(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence (Northern Ireland) Order 1989, omit paragraphs 4 and 12.

(4) Omit section 20 (material subject to the Counter-Terrorism Act 2008 (Scotland)).

(5) Omit—

(a) section 56 (persons subject to control orders: powers of search and seizure), and

(b) section 58(16) (extent of section 56).

Part 2 Northern Ireland

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

7 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

(2) In Article 26(2) (offences for which an arrest may be made without a warrant in Northern Ireland), in paragraph (o), for “section 9(3) of the Prevention of Terrorism Act 2005” substitute “section 23(1) of the Terrorism Prevention and Investigation Measures Act 2011”.

(3) In Schedule 2A (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.