Search Legislation

Advanced Search

Counter-Terrorism Act 2008

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Counter-Terrorism Act 2008. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Overview

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Part 1 – Powers to Gather and Share Information

      1. Power to remove documents for examination

        1. Section 1 – Power to remove documents for examination

        2. Section 2 – Offence of obstruction

        3. Section 3 – Items subject to legal privilege

        4. Section 4 – Record of removal

        5. Section 5 – Retention of documents

        6. Section 6 – Access to documents

        7. Section 7 – Photographing and copying of documents

        8. Section 8 – Return of documents

        9. Section 9 – Power to remove documents: supplementary provisions

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

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

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

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

        4. Section 13 – Power to take fingerprints and non-intimate samples: transitional provision

      3. Retention and use of fingerprints and samples

        1. Sections 14 to 18 – Retention and use of fingerprints and samples

        2. Section 14 – Material subject to the Police and Criminal Evidence Act 1984

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

        4. Section 16 – Material subject to the Terrorism Act 2000: England, Wales and Northern Ireland

        5. Section 17 – Material subject to the Terrorism Act 2000: Scotland

        6. Section 18 – Material not subject to existing statutory restrictions

      4. Disclosure of information and the intelligence services

        1. Sections 19 to 21 – Disclosure of information and the intelligence services

        2. Schedule 1 – Disclosure and the Intelligence Services: Consequential Amendments

    2. Part 2 –Post-Charge Questioning of Terrorist Suspects

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

      2. Section 23 – Post-charge questioning: Scotland

      3. Section 24 – Post-charge questioning: Northern Ireland

      4. Section 25 – Recording of interviews

      5. Section 26 – Issue and revision of code of practice

      6. Section 27 – Post-charge questioning: meaning of “terrorism offence”

    3. Part 3 – Prosecution and Punishment of Terrorist Offences

      1. Jurisdiction

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

      2. Consent to prosecution

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

      3. Sentencing

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

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

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

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

        5. Schedule 2 – Offences where terrorist connection to be considered

      4. Forfeiture

        1. Section 34 – Forfeiture: terrorist property offences

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

        3. Section 36– Forfeiture: supplementary provisions

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

        5. Section 38 – Forfeiture: other amendments

        6. Section 39 – Forfeiture: consequential amendments

        7. Schedule 3 – Forfeiture: consequential amendments

    4. Part 4 – Notification Requirements

      1. Section 40 – Scheme of this Part

      2. Offences to which this Part applies: terrorism offences

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

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

        3. Section 43 – Offences dealt with before commencement

      3. Persons to whom the notification requirements apply

        1. Section 44– Persons to whom the notification requirement s apply

        2. Section 45 – Sentences or orders triggering notification requirements

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

      4. Notification requirements

        1. Section 47– Initial notification

        2. Section 48 – Notification of changes

        3. Section 49 – Periodic re-notification

        4. Section 50 – Method of notification and related matters

        5. Section 51 – Meaning of “local police area”

        6. Section 52 – Travel outside the United Kingdom

      5. Period for which notification requirements apply

        1. Section 53 – Period for which notification requirements apply

      6. Offences in relation to notification

        1. Section 54 – Offences relating to notification

        2. Section 55 – Effect of absence abroad

        3. Section 56 –Notification on return after absence from UK

      7. Supplementary provisions

        1. Section 57 –Notification orders

        2. Schedule 4 – Notification Orders

        3. Section 58 – Foreign travel restriction orders

        4. Schedule 5 – Foreign Travel Restriction Orders

        5. Section 59– Application of Part to service offences and related matters

        6. Schedule 6 – Notification Requirements: Application to Service Offences

        7. Section 60 – Minor definitions for Part 4

        8. Section 61 – References to a person being “dealt with” for an offence

    5. Part 5 – Terrorist Financing and Money Laundering

      1. Terrorist financing and money laundering

        1. Section 62 – Terrorist financing and money laundering

        2. Schedule 7 – Terrorist financing and money laundering

    6. Part 6 – Financial Restrictions Proceedings

      1. CHAPTER 1 – Application to set aside financial restrictions decision

        1. Section 63 – Application to set aside financial restrictions decision

        2. Section 64 – UN terrorism orders

      2. CHAPTER 2 – Financial restrictions proceedings

        1. Introductory

          1. Section 65 – Financial restrictions proceedings

        2. Rules of court, disclosure and related matters

          1. Section 66 – General provision about rules of court

          2. Section 67 – Rules of court about disclosure

          3. Section 68 – Appointment of special advocate

          4. Section 69 – Intercept evidence

          5. Section 70 – Qualification of duty to give reasons

        3. Supplementary

          1. Section 71 – Allocation of Proceedings to Queen’s Bench Division

          2. Section 72 – Initial exercise of powers by Lord Chancellor

    7. Part 7 – Miscellaneous

      1. Inquiries

        1. Section 74 – Inquiries: intercept evidence

      2. Amendment of definition of “terrorism” etc

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

      3. Terrorist offences

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

        2. Schedule 8 – Offences relating to information about members of armed forces etc: supplementary provisions

        3. Section 77 – Terrorist property: disclosure of information about possible offences

      4. Control orders

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

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

        3. Section 80 –Time allowed for representations by controlled persons

        4. Section 81 – Applications for anonymity for controlled persons

      5. Pre-charge detention of terrorist suspects

        1. Section 82 – Pre-charge detention: minor amendments

      6. Forfeiture of terrorist cash

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

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

      7. Costs of policing at gas facilities

        1. Section 85 – Policing at gas facilities: England and Wales

        2. Section 86 – Policing at gas facilities: Scotland

        3. Section 87 – Designated gas transporters

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

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

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

      8. Appointment of special advocates in Northern Ireland

        1. Section 91 – Appointment of Special Advocates in Northern Ireland

    8. Part 8 – Supplementary Provisions

      1. General definitions

        1. Section 92 –Meaning of “terrorism”

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

        3. Section 94 – Meaning of “ancillary offence”

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

      2. Orders and regulations

        1. Section 96 – Orders and regulations

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

      3. Financial provisions

        1. Section 98 - Financial provisions

      4. Final provisions

        1. Section 100 – Commencement

        2. Section 101 – Extent

  6. Hansard References

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources