The Counter-Terrorism and Security Act 2015 (Commencement No. 1) Regulations 2015

Statutory Instruments

2015 No. 956 (C. 60)

Prevention And Suppression Of Terrorism

The Counter-Terrorism and Security Act 2015 (Commencement No. 1) Regulations 2015

Made

26th March 2015

The Secretary of State, in exercise of the powers conferred by section 52(3) and (4) of the Counter-Terrorism and Security Act 2015(1), makes the following Regulations:

Citation and interpretation

1.—(1) These Regulations may be cited as the Counter-Terrorism and Security Act 2015 (Commencement No. 1) Regulations 2015.

(2) In these Regulations “the Act” means the Counter-Terrorism and Security Act 2015.

Appointed Days

2.  Section 22(10) (authority to carry schemes) of the Act comes into force on 31st March 2015.

3.  Section 21 (retention of relevant data) of the Act comes into force on 13th April 2015.

4.  The following provisions of the Act come into force on 1st July 2015—

(a) section 26 (general duty on specified authorities), save in respect of any specified authority within the meaning of that section to which section 31 (freedom of expression in universities etc) is expressed to apply;

(b) section 30 (power to give directions: general);

(c) section 31(2) and (4) (freedom of expression in universities etc);

(d) section 32 (monitoring of performance; further and higher education bodies);

(e) section 33 (power to give directions: section 32); and

(f) section 34 (enforcement).

James Brokenshire

Minister of State

Home Office

26th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations specify commencement dates for certain provisions of the Counter-Terrorism and Security Act 2015 (c. 6) (“the Act”).

Regulation 2 brings into force section 22(10) of the Act, which repeals section 124 (authority to carry) of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”). This provision will be repealed on the same day that the new authority to carry scheme and civil penalties regulations made under sections 23 and 24 of the Act come into force, replacing the scheme and civil penalties regulations made under the 2002 Act.

Regulation 3 brings into force section 21 of the Act, which amends the definition of ‘relevant communications data’ in section 2 of the Data Retention and Investigatory Powers Act 2014 to include data which may be used to identify the internet protocol address, or other identifier, belonging to the sender or recipient of a communication. The Secretary of State may give a notice to a communications service provider requiring the retention of relevant communications data.

Regulation 4 specifies the commencement date for those provisions of Part 5 of the Act which are not already in force. Part 5 imposes a duty on specified authorities listed in Schedule 6 to the Act, when exercising their functions, to have due regard to the need to prevent people from being drawn into terrorism. However, regulation 4 does not bring the duty into force insofar as it is expressed to apply to those specified authorities which are proprietors or governing bodies of the further and higher education institutions to which section 31 of the Act is expressed to apply.

(1)

2015 c.6.