National Security Act 2023

1 (1) Section 41 to the Terrorism Act 2000 (arrest without warrant) is amended as follows. U.K.

(2) In subsection (3)(b)—

(a) for the words from “Schedule 7” to “2019,” substitute “a provision listed in subsection (3A)”;

(b) for “examination under that Schedule” substitute “detention under that provision”.

(3) After subsection (3) insert—

“(3A) Those provisions are—

(a) section 24 of the Police and Criminal Evidence Act 1984;

(b) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(c) Schedule 7;

(d) section 1 of the Criminal Justice (Scotland) Act 2016 (asp 1);

(e) Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;

(f) section 27 of the National Security Act 2023.”

(4) After subsection (8) insert—

“(8ZA) Subsection (8A) applies where—

(a) a person is detained under this section in hospital, or

(b) a person detained under this section is removed to hospital because the person needs medical treatment.”

(5) In subsection (8A)—

(a) for the words before paragraph (a) substitute “Where this subsection applies”;

(b) in paragraph (a) after “hospital or” insert “(where this subsection applies by virtue of subsection (8ZA)(b))”;

(c) in paragraph (b) after “hospital or” insert “(where this subsection applies by virtue of subsection (8ZA)(b))”.

Commencement Information

I1 Sch. 17 para. 1 not in force at Royal Assent, see 100(1)

I2 Sch. 17 para. 1 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(d)