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Counter-Terrorism Act 2008

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Powers to gather and share information

    1. Power to remove documents for examination

      1. 1.Power to remove documents for examination

      2. 2.Offence of obstruction

      3. 3.Items subject to legal privilege

      4. 4.Record of removal

      5. 5.Retention of documents

      6. 6.Access to documents

      7. 7.Photographing and copying of documents

      8. 8.Return of documents

      9. 9.Power to remove documents: supplementary provisions

    2. Power to take fingerprints and samples from person subject to control order

      1. 10.Power to take fingerprints and samples: England and Wales

      2. 11.Power to take fingerprints and samples: Scotland

      3. 12.Power to take fingerprints and samples: Northern Ireland

      4. 13.Power to take fingerprints and samples: transitional provision

    3. Retention and use of fingerprints and samples

      1. 14.Material subject to the Police and Criminal Evidence Act 1984

      2. 15.Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

      3. 16.Material subject to the Terrorism Act 2000: England and Wales and Northern Ireland

      4. 17.Material subject to the Terrorism Act 2000: Scotland

      5. 18.Material not subject to existing statutory restrictions

    4. Disclosure of information and the intelligence services

      1. 19.Disclosure and the intelligence services

      2. 20.Disclosure and the intelligence services: supplementary provisions

      3. 21.Disclosure and the intelligence services: interpretation

  3. Part 2 Post-charge questioning of terrorist suspects

    1. 22.Post-charge questioning: England and Wales

    2. 23.Post-charge questioning: Scotland

    3. 24.Post-charge questioning: Northern Ireland

    4. 25.Recording of interviews

    5. 26.Issue and revision of code of practice

    6. 27.Meaning of “terrorism offence”

  4. Part 3 Prosecution and punishment of terrorist offences

    1. Jurisdiction

      1. 28.Jurisdiction to try offences committed in the UK

    2. Consent to prosecution

      1. 29.Consent to prosecution of offence committed outside UK

    3. Sentencing

      1. 30.Sentences for offences with a terrorist connection: England and Wales

      2. 31.Sentences for offences with a terrorist connection: Scotland

      3. 32.Sentences for offences with a terrorist connection: armed forces

      4. 33.Power to amend list of offences where terrorist connection to be considered

    4. Forfeiture

      1. 34.Forfeiture: terrorist property offences

      2. 35.Forfeiture: other terrorism offences and offences with a terrorist connection

      3. 36.Forfeiture: supplementary provisions

      4. 37.Forfeiture: application of proceeds to compensate victims

      5. 38.Forfeiture: other amendments

      6. 39.Forfeiture: consequential amendments

  5. Part 4 Notification requirements

    1. Introductory

      1. 40.Scheme of this Part

    2. Offences to which this Part applies

      1. 41.Offences to which this Part applies: terrorism offences

      2. 42.Offences to which this Part applies: offences having a terrorist connection

      3. 43.Offences dealt with before commencement

    3. Persons to whom the notification requirements apply

      1. 44.Persons to whom the notification requirements apply

      2. 45.Sentences or orders triggering notification requirements

      3. 46.Power to amend specified terms or periods of imprisonment or detention

    4. Notification requirements

      1. 47.Initial notification

      2. 48.Notification of changes

      3. 49.Periodic re-notification

      4. 50.Method of notification and related matters

      5. 51.Meaning of “local police area”

      6. 52.Travel outside the United Kingdom

    5. Period for which notification requirements apply

      1. 53.Period for which notification requirements apply

    6. Offences in relation to notification

      1. 54.Offences relating to notification

      2. 55.Effect of absence abroad

      3. 56.Notification on return after absence from UK

    7. Supplementary provisions

      1. 57.Notification orders

      2. 58.Foreign travel restriction orders

      3. 59.Application of Part to service offences and related matters

      4. 60.Minor definitions for Part 4

      5. 61.References to a person being “dealt with” for an offence

  6. Part 5 Terrorist financing and money laundering

    1. 62.Terrorist financing and money laundering

  7. Part 6 Financial restrictions proceedings

    1. Chapter 1 Application to set aside financial restrictions decision

      1. 63.Application to set aside financial restrictions decision

      2. 64.UN terrorism orders

    2. Chapter 2 Financial restrictions proceedings

      1. Introductory

        1. 65.Financial restrictions proceedings

      2. Rules of court, disclosure and related matters

        1. 66.General provisions about rules of court

        2. 67.Rules of court about disclosure

        3. 68.Appointment of special advocate

        4. 69.Intercept evidence

        5. 70.Qualification of duty to give reasons

      3. Supplementary provisions

        1. 71.Allocation of proceedings to Queen’s Bench Division

        2. 72.Initial exercise of powers by Lord Chancellor

        3. 73.Interpretation

  8. Part 7 Miscellaneous

    1. Inquiries

      1. 74.Inquiries: intercept evidence

    2. Amendment of definition of “terrorism” etc

      1. 75.Amendment of definition of “terrorism” etc

    3. Terrorist offences

      1. 76.Offences relating to information about members of armed forces etc

      2. 77.Terrorist property: disclosure of information about possible offences

    4. Control orders

      1. 78.Control orders: powers of entry and search

      2. 79.Control orders: meaning of involvement in terrorism-related activity

      3. 80.Time allowed for representations by controlled person

      4. 81.Application for anonymity for controlled person

    5. Pre-charge detention of terrorist suspects

      1. 82.Pre-charge detention: minor amendments

    6. Forfeiture of terrorist cash

      1. 83.Forfeiture of terrorist cash: determination of period for which cash may be detained

      2. 84.Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings

    7. Costs of policing at gas facilities

      1. 85.Costs of policing at gas facilities: England and Wales

      2. 86.Costs of policing at gas facilities: Scotland

      3. 87.Designated gas transporters

      4. 88.Costs of policing at gas facilities: recovery of costs

      5. 89.Costs of policing at gas facilities: supplementary provisions

      6. 90.Application of provisions to costs incurred before commencement

    8. Appointment of special advocates in Northern Ireland

      1. 91.Appointment of special advocates in Northern Ireland

  9. Part 8 Supplementary provisions

    1. General definitions

      1. 92.Meaning of “terrorism”

      2. 93.Meaning of offence having a “terrorist connection”

      3. 94.Meaning of “ancillary offence”

      4. 95.Meaning of “service court” and “service offence”

    2. Orders and regulations

      1. 96.Orders and regulations

      2. 97.Orders and regulations: affirmative and negative resolution procedure

    3. Financial provisions

      1. 98.Financial provisions

    4. Repeals and revocations

      1. 99.Repeals and revocations

    5. Final provisions

      1. 100.Commencement

      2. 101.Extent

      3. 102.Short title

  10. SCHEDULES

    1. SCHEDULE 1

      Disclosure and the intelligence services: consequential amendments

      1. 1.Anti-terrorism, Crime and Security Act 2001 (c. 24)

      2. 2.Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

      3. 3.Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

      4. 4.Immigration, Asylum and Nationality Act 2006 (c. 13)

      5. 5.Statistics and Registration Service Act 2007 (c. 18)

    2. SCHEDULE 2

      Offences where terrorist connection to be considered

      1. Common law offences

      2. Statutory offences

      3. Ancillary offences

    3. SCHEDULE 3

      Forfeiture: consequential amendments

      1. 1.Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))

      2. 2.Terrorism Act 2000 (c. 11)

      3. 3.In section 58 of that Act, omit subsections (5) to...

      4. 4.In section 119(1) of that Act for “sections 15 to...

      5. 5.(1) Schedule 4 to that Act is amended as follows....

      6. 6.In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c)...

      7. 7.Proceeds of Crime Act 2002 (c. 29)

    4. SCHEDULE 4

      Notification orders

      1. 1.Introductory

      2. 2.Corresponding foreign offences

      3. 3.Conditions for making a notification order

      4. 4.Application for notification order

      5. 5.(1) In Scotland an application for a notification order in...

      6. 6.(1) In Northern Ireland an application for a notification order...

      7. 7.Effect of notification order

      8. 8.Adaptation of provisions of this Part in relation to foreign proceedings

    5. SCHEDULE 5

      Foreign travel restriction orders

      1. 1.Introductory

      2. 2.Conditions for making a foreign travel restriction order

      3. 3.Application for foreign travel restriction order

      4. 4.(1) In Scotland an application for a foreign travel restriction...

      5. 5.(1) In Northern Ireland an application for a foreign travel...

      6. 6.Provisions of a foreign travel restriction order

      7. 7.Duration of foreign travel restriction order

      8. 8.Variation, renewal or discharge of order

      9. 9.(1) In Scotland an application for an order varying, renewing...

      10. 10.(1) In Northern Ireland an application for an order varying,...

      11. 11.Provisions of renewed or varied order

      12. 12.Appeals

      13. 13.(1) In Scotland an interlocutor of the sheriff granting or...

      14. 14.(1) In Northern Ireland— (a) a person against whom a...

      15. 15.Breach of foreign travel restriction order an offence

      16. 16.Meaning of “terrorism activity”

    6. SCHEDULE 6

      Notification requirements: application to service offences

      1. 1.Service offences to which this Part applies: terrorism offences

      2. 2.Service offences to which this Part applies: offences having a terrorist connection

      3. 3.Service offences dealt with before commencement

      4. 4.Service offences: persons to whom notification requirements apply

      5. 5.Service offences: sentences or orders triggering notification requirements

      6. 6.Service offences: power to amend specified terms or periods of imprisonment or detention

      7. 7.Service offences: period for which notification requirements apply

      8. 8.Modifications in relation to service offences etc

      9. 9.In the application of section 47(6) (initial notification: person dealt...

      10. 10.Where in relation to a service offence the court of...

      11. 11.References in this Part to a sentence of detention do...

      12. 12.The following provisions do not apply in relation to service...

      13. 13.Application of power to make transitional modifications etc

    7. SCHEDULE 7

      Terrorist financing and money laundering

      1. Part 1 Conditions for giving a direction

        1. 1.Conditions for giving a direction

        2. 2.Main definitions

      2. Part 2 Persons to whom a direction may be given

        1. 3.Persons to whom a direction may be given

        2. 4.Persons operating in the financial sector

        3. 5.Meaning of “credit institution” and “financial institution”

        4. 6.Exceptions

        5. 7.Interpretation of this Part

        6. 8.Power to amend

      3. Part 3 Requirements that may be imposed by a direction

        1. 9.Requirements that may be imposed by a direction

        2. 10.Customer due diligence

        3. 11.Ongoing monitoring

        4. 12.Systematic reporting

        5. 13.Limiting or ceasing business

      4. Part 4 Procedural provisions and licensing

        1. 14.General directions to be given by order

        2. 15.Specific directions: notification and duration of directions

        3. 16.General directions: publication and duration of directions

        4. 17.Directions limiting or ceasing business: exemption by licence

      5. Part 5 Enforcement: information powers

        1. 18.Enforcement authorities and officers

        2. 19.Power to require information or documents

        3. 20.Entry, inspection without a warrant etc

        4. 21.Entry to premises under warrant

        5. 22.Restrictions on powers

        6. 23.Failure to comply with information requirement

        7. 24.Powers of local enforcement officers

      6. Part 6 Enforcement: civil penalties

        1. 25.Power to impose civil penalties

        2. 26.Imposition of penalty by HMRC: procedure and reviews

        3. 27.Imposition of penalty by other enforcement authority: procedure

        4. 28.Appeal against imposition of civil penalty

        5. 29.Payment and recovery of civil penalties

      7. Part 7 Enforcement: offences

        1. 30.Offences: failure to comply with requirement imposed by direction

        2. 31.Offences in connection with licences

        3. 32.Extra-territorial application of offences

        4. 33.Prosecution of offences

        5. 34.Jurisdiction to try offences

        6. 35.Time limit for summary proceedings

        7. 36.Liability of officers of bodies corporate etc

        8. 37.Proceedings against unincorporated bodies

      8. Part 8 Supplementary and general

        1. 38.Report to Parliament

        2. 39.Supervision by supervisory authority

        3. 40.Assistance in preparing guidance

        4. 41.Functions of Financial Services Authority

        5. 42.Notices

        6. 43.Crown application

        7. 44.Meaning of “United Kingdom person”

        8. 45.Interpretation

        9. 46.Index of defined expressions

    8. SCHEDULE 8

      Offences relating to information about members of armed forces etc: supplementary provisions

    9. SCHEDULE 9

      Repeals and revocations

      1. Part 1 Retention and use of fingerprints and samples

      2. Part 2 Disclosure of information and the intelligence services

      3. Part 3 Forfeiture

      4. Part 4 Financial restrictions proceedings

      5. Part 5 Control orders

      6. Part 6 Pre-charge detention

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