Terrorism Act 2000

Part VIII U.K. General

114 Police powers. U.K.

(1) A power conferred by virtue of this Act on a constable—

(a) is additional to powers which he has at common law or by virtue of any other enactment, and

(b) shall not be taken to affect those powers.

(2) A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).

(3) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.

115 Officers’ powers. U.K.

Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of [F1 Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of terrorist property)] and examining officers for the purposes of Schedule 7 [F2 to this Act (port and border controls)]) shall have effect.

Textual Amendments

F1 Words in s. 115 substituted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 11(a); S.I. 2017/991, reg. 2(o)

F2 Words in s. 115 inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 11(b); S.I. 2017/991, reg. 2(o)

116 Powers to stop and search. U.K.

(1) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.

(2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne).

(3) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.

(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to—

(a) imprisonment for a term not exceeding six months,

(b) a fine not exceeding level 5 on the standard scale, or

(c) both.

117 Consent to prosecution. U.K.

(1) This section applies to an offence under any provision of this Act other than an offence under—

(a) section 36,

(b) section 51,

(c) paragraph 18 of Schedule 7,

(d) paragraph 12 of Schedule 12, or

(e) Schedule 13.

(2) Proceedings for an offence to which this section applies—

(a) shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and

(b) shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.

[F3 (2A) But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies has been committed [F4 outside the United Kingdom or] for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, his consent for the purposes of this section may be given only with the permission—

(a) in the case of the Director of Public Prosecutions, of the Attorney General; and

(b) in the case of the Director of Public Prosecutions for Northern Ireland, of the Advocate General for Northern Ireland.

(2B) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (2A) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.]

Textual Amendments

F3 S. 117(2A)(2B) substituted for s. 117(3) (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(2); S.I. 2006/1013, art. 2

F4 Words in s. 117(2A) inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 29, 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(a)

118 Defences. U.K.

(1) Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.

(2) 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.

(3) Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court—

(a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or

(b) may accept a fact as sufficient evidence unless a particular matter is proved.

(4) If evidence is adduced which is sufficient to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.

(5) The provisions in respect of which subsections (2) and (4) apply are—

(a) sections 12(4), 39(5)(a), 54, 57, 58, 58A, [F5 58B,] 77 and 103 of this Act, and

(b) sections 13, 32 and 33 of the M1 Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.

Textual Amendments

F5 Word in s. 118(5)(a) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 38

Marginal Citations

M1 1996 c. 22.

119 Crown servants, regulators, &c. U.K.

(1) The Secretary of State may make regulations providing for any of [F6 sections 15 to 23A] and 39 to apply to persons in the public service of the Crown.

(2) The Secretary of State may make regulations providing for section 19 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.

(3) Regulations—

(a) may make different provision for different purposes,

(b) may make provision which is to apply only in specified circumstances, and

(c) may make provision which applies only to particular persons or to persons of a particular description.

Textual Amendments

F6 Words in s. 119(1) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 4 (with s. 101(2)); S.I. 2009/1256, art. 2(c)

120 Evidence. U.K.

(1) A document which purports to be—

(a) a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act, and

(b) signed by him or on his behalf,

shall be received in evidence and shall, until the contrary is proved, be deemed to have been given or made by the Secretary of State.

(2) A document bearing a certificate which—

(a) purports to be signed by or on behalf of the Secretary of State, and

(b) states that the document is a true copy of a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act,

shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings.

(3) In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.

(4) The M2 Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him.

Marginal Citations

M2 1868 c. 37.

[F7 [F8 120A Supplementary powers of forfeiture U.K.

(1) A court by or before which a person is convicted of an offence under a provision mentioned in column 1 of the following table may order the forfeiture of any item mentioned in column 2 in relation to that offence.

Offence	Items liable to forfeiture
Section 54 (weapons training)	Anything that the court considers to have been in the possession of the person for purposes connected with the offence.
Section 57 (possession for terrorist purposes)	Any article that is the subject matter of the offence.
Section 58 (collection of information)	Any document or record containing information of the kind mentioned in subsection (1)(a) of that section.
Section 58A (eliciting, publishing or communicating information about members of armed forces etc)	Any document or record containing information of the kind mentioned in subsection (1)(a) of that section.

(2) Before making an order under this section, a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner or otherwise interested in anything which can be forfeited under this section.

(3) An order under this section does not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).

(4) Where a court makes an order under this section, it may also make such other provision as appears to it to be necessary for giving effect to the forfeiture, including, in particular, provision relating to the retention, handling, disposal or destruction of what is forfeited.

(5) Provision made by virtue of subsection (4) may be varied at any time by the court that made it.

(6) The power of forfeiture under this section is in addition to any power of forfeiture under section 23A.]]

Textual Amendments

F7 S. 120A inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(3); S.I. 2006/1013, art. 2

F8 S. 120A substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 38(1), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

[F9 120B Offences in relation to counter-terrorism financial investigators E+W+N.I.

(1) A person commits an offence if the person assaults a counter-terrorism financial investigator who is acting in the exercise of a relevant power.

(2) A person commits an offence if the person resists or wilfully obstructs a counter-terrorism financial investigator who is acting in the exercise of a relevant power.

(3) A person guilty of an offence under subsection (1) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.

(4) A person guilty of an offence under subsection (2) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;

(b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.

(5) In this section “relevant power” means a power exercisable under Schedule 5 (terrorist investigations: information) or Part 1 of Schedule 5A (terrorist financing investigations in England and Wales and Northern Ireland: disclosure orders).

(6) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—

(a) the reference to 51 weeks in subsection (3)(a) is to be read as a reference to 6 months;

(b) the reference to 51 weeks in subsection (4)(a) is to be read as a reference to 1 month.]

Textual Amendments

F9 S. 120B inserted (E.W.N.I.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 42(1), 58(4)(6)

[F10 120C Enforcement of orders in other parts of United Kingdom U.K.

(1) Her Majesty may by Order in Council make provision for an investigatory order made in one part of the United Kingdom to be enforced in another part.

(2) In subsection (1) “investigatory order” means any of the following kinds of order—

(a) an order under section 22B ([F11 further] information orders);

(b) an order under paragraph 5 of Schedule 5 (production orders: England and Wales and Northern Ireland) that is made in connection with a terrorist investigation in relation to terrorist property;

(c) an order under paragraph 13(1)(b) of that Schedule that is made in connection with material produced or made available as a result of an order within paragraph (b) of this subsection;

(d) an order under paragraph 22 of Schedule 5 (production orders: Scotland) that is made in connection with a terrorist investigation in relation to terrorist property;

(e) an order under paragraph 30(1)(b) of that Schedule that is made in connection with material produced or made available as a result of an order within paragraph (d) of this subsection;

(f) an order under paragraph 9 of Schedule 5A (disclosure orders: England and Wales and Northern Ireland);

(g) an order under paragraph 19 of that Schedule (disclosure orders: Scotland);

(h) an order under paragraph 1 of Schedule 6 (financial information orders);

(i) an order under paragraph 2 of Schedule 6A (account monitoring orders).

(3) An Order under this section may apply (with or without modifications) any provision of or made under—

(a) an Act (including this Act),

(b) an Act of the Scottish Parliament, or

(c) Northern Ireland legislation.

(4) An Order under this section—

(a) may make different provision for different purposes;

(b) may include supplementary, incidental, saving or transitional provisions.

(5) Rules of court may make whatever provision is necessary or expedient to give effect to an Order under this section.

(6) A statutory instrument containing an Order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F10 S. 120C inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 43, 58(1)(6); S.I. 2017/991, reg. 2(h)

F11 Word in s. 120C(2)(a) omitted (26.10.2023 for specified purposes, 26.4.2024 in so far as not already in force) by virtue of Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 186(15)(e), 219(1)(2)(b); S.I. 2024/269, reg. 4(e)

121 Interpretation. U.K.

In this Act—

• “act” and “action” include omission,

• “article” includes substance and any other thing,

• [F12 “British Transport Police Force” means the constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix), ]

• [F13 “counter-terrorism financial investigator” is to be read in accordance with section 63F;]

• [F14 “customs officer” means an officer of Revenue and Customs, ]

• “dwelling” means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling,

• “explosive” means—

  (a)

  an article or substance manufactured for the purpose of producing a practical effect by explosion,

  (b)

  materials for making an article or substance within paragraph (a),

  (c)

  anything used or intended to be used for causing or assisting in causing an explosion, and

  (d)

  a part of anything within paragraph (a) or (c),

• “firearm” includes an air gun or air pistol,

• “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the M3 Immigration Act 1971,

• “the Islands” means the Channel Islands and the Isle of Man,

• “organisation” includes any association or combination of persons,

• F15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “premises” [F16 , except in section 63D,] includes any place and in particular includes—

  (a)

  a vehicle,

  (b)

  an offshore installation within the meaning given in section 44 of the M4 Petroleum Act 1998, and

  (c)

  a tent or moveable structure,

• “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property,

• “public place” means a place to which members of the public have or are permitted to have access, whether or not for payment,

• “road” has the same meaning as in the M5 Road Traffic Act 1988 (in relation to England and Wales), the M6 Roads (Scotland) Act 1984 (in relation to Scotland) and the M7 Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland), and includes part of a road, and

• “vehicle”, except in sections 48 to 52 and Schedule 7, includes an aircraft, hovercraft, train or vessel.

Textual Amendments

F12 In s. 121 definition of "British Transport Police Force" ceased to have effect (1.7.2004) by virtue of Railways and Transport Safety Act 2003 (c. 20), s. 73(1), Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

F13 Words in s. 121 inserted (27.4.2017 for specified purposes, 31.10.2017 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 12; S.I. 2017/991, reg. 2(o)

F14 In s. 121 definition of "customs officer" substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), s. 50(6), Sch. 4 para. 78; S.I. 2005/1126, art. 2(2)(h)

F15 In s. 121 definition of "policed premises" repealed (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(6)(d)

F16 Words in s. 121 inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 91(1), Sch. 5 para. 76; S.I. 2004/786, art. 3(1)(2)

Modifications etc. (not altering text)

C1 S. 121 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 73(1), Sch. 5 para. 4 (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

Marginal Citations

M3 1971 c. 77.

M4 1998 c. 17.

M5 1988 c. 52.

M6 1984 c. 54.

M7 S.I. 1997/276 (N.I. 2).

122 Index of defined expressions. U.K.

In this Act the expressions listed below are defined by the provisions specified.

Expression	Interpretation provision
Act	Section 121
Action	Section 121
Action taken for the purposes of terrorism	Section 1(5)
Article	Section 121
F17 . . .	F17 . . .
[F18 British Transport Police Force	Section 121]
F17 . . .	F17 . . .
Cordoned area	Section 33
Customs officer	Section 121
Dwelling	Section 121
Examining officer	Schedule 7, paragraph 1
Explosive	Section 121
Firearm	Section 121
Immigration officer	Section 121
The Islands	Section 121
Organisation	Section 121
[F18 Policed premises	Section 121]
Premises	Section 121
Property	Section 121
Proscribed organisation	Section 3(1)
Public place	Section 121
Road	Section 121
Scheduled offence (in Part VII)	Section 65
Terrorism	Section 1
Terrorist (in Part V)	Section 40
Terrorist investigation	Section 32
Terrorist property	Section 14
Vehicle	Section 121
Vehicle (in sections 48 to 51)	Section 52

Textual Amendments

F17 Words in S. 122 repealed (20.12.2001) by 2001 c. 24, s. 125, Sch. 8 Pt. 1; S.I. 2001/4019, art. 2(1)(d)

F18 Words in s. 122 inserted (14.12.2001) by 2001 c. 24, s. 101, Sch. 7 para. 33(a)(b)

Modifications etc. (not altering text)

C2 S. 122 amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 73(1), Sch. 5 para. 4(1)(2)(k) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)

123 Orders and regulations. U.K.

(1) An order or regulations made by the Secretary of State under this Act—

(a) shall be made by statutory instrument,

(b) may contain savings and transitional provisions, and

(c) may make different provision for different purposes.

(2) Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—

[F19 (za) section 3(6) or (8);]

(a) section 4(3);

(b) section 24(2)(e);

[F20 (ba) section 63C(3)(d);]

(c) section 72;

(d) section 79(5);

(e) section 80(9);

[F21 (f) section 97(1) or (3);

(g) section 100(1)(b);]

(h) section 119(1) or (2);

(i) [F22 paragraph] 52(1)(a) or (b) of Schedule 4;

(j) paragraph 17(4) of Schedule 7;

(k) paragraph 3(1)(b) of Schedule 8;

(l) paragraph 19 of Schedule 8.

(3) In the cases of—

(a) the first order to be made under paragraph 17(4) of Schedule 7, and

(b) the first order to be made under paragraph 19 of Schedule 8,

the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).

(4) An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament—

(a) section 3(3);

[F23 (aza) section 22F(5);]

[F24 (aa) section 23A(5);]

[F25 (ab) section 47AB;]

(b) section 53(2);

[F26 (ba) section 58B(7);]

(c) section 65(3);

(d) section 96;

(e) section 101(4);

(f) section 112(2);

(g) paragraph 2(2) of Schedule 1;

(h) paragraph 6(2) or 7(3) of Schedule 6;

(i) paragraph 16 of Schedule 7;

(j) paragraph 3(2) of Schedule 8;

(k) paragraph 4(4) of Schedule 8;

(l) paragraph 4(1)(e) of Schedule 14;

(m) paragraph 7(3) of Schedule 14.

(5) An order or regulations under a provision mentioned in subsection (4), except for [F27 paragraph (aa) [F28 , (ab)] [F29 , (b) or (ba)]], may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—

(a) shall contain a declaration of the Secretary of State’s opinion, and

(b) shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.

(6) For the purposes of subsection (5)—

(a) a code of practice or revised code to which an order relates shall cease to have effect together with the order,

(b) an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and

(c) the period of 40 days shall be computed in accordance with section 7(1) of the M8 Statutory Instruments Act 1946.

[F30 (6ZA) Regulations under section 58C—

(a) must be laid before Parliament after being made, and

(b) cease to have effect at the end of the period of 40 days beginning with the day on which they are made unless before the end of that period the regulations are approved by a resolution of each House of Parliament.

(6ZB) 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.

(6ZC) For the purposes of subsection (6ZA) the period of 40 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.

(6ZD) Subsection (6ZA)(b)—

(a) is without prejudice to anything previously done or to the power of the Secretary of State to make new regulations under section 58C;

(b) does not apply to regulations that only revoke previous regulations under that section.

(6ZE) 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.]

[F31 (6ZF) Regulations under paragraph 6(1AF) of Schedule 6 may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

[F32 (6A) As soon as practicable after making an order under paragraph 38 of Schedule 8, the Secretary of State must lay a copy of the order before each House of Parliament.

(6B) An order under paragraph 38 of Schedule 8 is to cease to have effect at the end of the period of 20 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House of Parliament during that period.

(6C) For the purposes of subsection (6B) the period of 20 days is to be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.

(6D) Subsections (6B) and (6C) do not apply to an order under paragraph 38 of Schedule 8 which revokes an order under that paragraph.]

(7) An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.

(8) Subsection (1)(a) does not apply to an order made—

(a) under section 94,

[F33 (b) by virtue of paragraph 36 of Schedule 4, or

(c) under or by virtue of any of paragraphs 19 to 21 of Schedule 5.]

(9) Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.

Textual Amendments

F19 S. 123(2)(za) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(10); S.I. 2006/1013, art. 2

F20 S. 123(2)(ba) inserted (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), s. 91(1), Sch. 5 para. 77; S.I. 2004/786, art. 3(1)(2)

F21 S. 123(2)(f)(g) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

F22 Word in s. 123(2)(i) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(4) (with reg. 6) (as amended by S.I. 2020/1408, regs. 1, 4); 2020 c. 1, Sch. 5 para. 1(1)

F23 S. 123(4)(aza) inserted (26.10.2023) by Economic Crime and Corporate Transparency Act 2023 (c. 56), ss. 186(14), 219(2)(i)

F24 S. 123(4)(aa) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(2)(a), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F25 S. 123(4)(ab) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 25(2) (with s. 97); S.I. 2012/1205, art. 4(k)

F26 S. 123(4)(ba) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 4(3)(a), 27(3)

F27 Words in s. 123(5) substituted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 35(2)(b), 100(5) (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F28 Word in s. 123(5) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 25(3) (with s. 97); S.I. 2012/1205, art. 4(k)

F29 Words in s. 123(5) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 4(3)(b), 27(3)

F30 S. 123(6ZA)-(6ZE) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 4(3)(c), 27(3)

F31 S. 123(6ZF) inserted (26.10.2023 for specified purposes) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 10 para. 8

F32 S. 123(6A)-(6D) inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 58(2), 120 (with s. 97); S.I. 2012/1205, art. 4(b)

F33 S. 123(8)(b)(c) repealed (N.I.) (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), s. 5(2)(3), Sch.

Marginal Citations

M8 1946 c. 36.

124 Directions. U.K.

A direction given under this Act may be varied or revoked by a further direction.

125 Amendments and repeals. U.K.

(1) Schedule 15 (consequential amendments) shall have effect.

(2) The enactments listed in Schedule 16 are hereby repealed or revoked to the extent specified.

126 Report to Parliament. U.K.

F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F34 S. 126 repealed (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(5), Sch. 3; S.I. 2006/1013, art. 2

127 Money. U.K.

The following shall be paid out of money provided by Parliament—

(a) any expenditure of a Minister of the Crown under or by virtue of this Act, and

(b) any increase in the sums payable out of money provided by Parliament under any other enactment.

128 Commencement. U.K.

The preceding provisions of this Act, apart from sections 2(1)(b) and (2) and 118 and Schedule 1, shall come into force in accordance with provision made by the Secretary of State by order.

Subordinate Legislation Made

P1 S. 128 power partly exercised (10.10.2000): 12.10.2000 appointed for specified provisions by S.I. 2000/2800, art. 2

S. 128 power partly exercised (27.10.2000): 31.10.2000 appointed for specified provisions by S.I. 2000/2944, art. 2

S. 128 power partly exercised: 19.2.2001 appointed for specified provisions by S.I. 2001/421, art. 2

129 Transitional provisions. U.K.

(1) Where, immediately before the coming into force of section 2(1)(a), a person is being detained by virtue of a provision of the M9 Prevention of Terrorism (Temporary Provisions) Act 1989—

(a) the provisions of that Act shall continue to apply to him, in place of the corresponding provisions of this Act, until his detention comes to an end, and

(b) nothing in paragraph 5 or 8 of Schedule 15 shall have effect in relation to him during his detention.

(2) Where—

(a) a person is detained by virtue of a provision of the M10 Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and

(b) the provision ceases to have effect,

he shall be treated as lawfully detained under any corresponding provision of this Act.

(3) Where this Act repeals and re-enacts a provision of—

(a) the M11 Prevention of Terrorism (Temporary Provisions) Act 1989, or

(b) the M12 Northern Ireland (Emergency Provisions) Act 1996,

the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law.

(4) A reference in this Act or any other enactment or instrument to a provision of this Act shall (so far as the context permits) be taken to include a reference to a corresponding provision repealed by this Act.

(5) The repeal by virtue of this Act of section 14 of the M13 Northern Ireland (Emergency Provisions) Act 1996 (young persons convicted of scheduled offences) shall not affect its operation in relation to offences committed while it was in force.

(6) Any document made, served or issued after the commencement of paragraph (a) or (b) of section 2(1) which contains a reference to an enactment repealed by that paragraph shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act.

(7) Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of—

(a) the M14 Prevention of Terrorism (Temporary Provisions) Act 1989, or

(b) the M15 Northern Ireland (Emergency Provisions) Act 1996.

(8) Section 117 shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section.

Marginal Citations

M9 1989 c. 4.

M10 1996 c. 22.

M11 1989 c. 4.

M12 1996 c. 22.

M13 1996 c. 22.

M14 1989 c. 4.

M15 1996 c. 22.

130 Extent. U.K.

(1) Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom.

(2) Section 59 shall extend to England and Wales only.

(3) The following shall extend to Northern Ireland only—

(a) section 60, and

(b) Part VII.

(4) Section 61 shall extend to Scotland only.

(5) In Schedule 5—

(a) Part I shall extend to England and Wales and Northern Ireland only, and

(b) Part II shall extend to Scotland only.

(6) The amendments and repeals in Schedules 15 and 16 shall have the same extent as the enactments to which they relate.

131 Short title. U.K.

This Act may be cited as the Terrorism Act 2000.