SCHEDULES

SCHEDULE 7Minor and consequential amendments

Section 29

Part 1General

1Senior Courts Act 1981

In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen’s Bench Division)—

a

omit sub-paragraph (ba), and

b

after sub-paragraph (bc) insert—

bd

all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);

2Police and Criminal Evidence Act 1984

In Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.

3Criminal Justice Act 1988

In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriages of justice)—

a

omit paragraph (d), and

b

at the end of paragraph (e) insert

; or

f

on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011.

4Regulation of Investigatory Powers Act 2000

1

Section 18 of the Regulation of Investigatory Powers Act 2000 (exceptions to exclusion of intercepted communications etc from legal proceedings) is amended as follows.

2

In subsection (1)—

a

omit paragraph (da), and

b

after paragraph (dc) insert—

dd

any TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011) or any proceedings arising out of such proceedings;

3

In subsection (2)—

a

for “(da)” (before “to (f)”) substitute “(db)”,

b

omit paragraph (za), and

c

after paragraph (zb) insert—

zc

in the case of proceedings falling within paragraph (dd), to—

i

a person, other than the Secretary of State, who is or was a party to the proceedings, or

ii

any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate under Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011) represents a person falling within sub-paragraph (i);

5Counter-Terrorism Act 2008

1

The Counter-Terrorism Act 2008 is amended as follows.

2

In section 1 (power to remove documents for examination), in subsection (1)—

a

omit paragraph (e);

b

after paragraph (f) insert—

g

paragraphs 6, 7, 8 or 10 of Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011.

3

Omit sections 10 to 13 (power to take fingerprints and samples from person subject to control order).

4

Omit sections 78 to 81 (provision in relation to control orders).

6Crime and Security Act 2010

1

The Crime and Security Act 2010 is amended as follows.

2

In section 6(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence Act 1984, omit paragraphs 4 and 12.

3

In section 12(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence (Northern Ireland) Order 1989, omit paragraphs 4 and 12.

4

Omit section 20 (material subject to the Counter-Terrorism Act 2008 (Scotland)).

5

Omit—

a

section 56 (persons subject to control orders: powers of search and seizure), and

b

section 58(16) (extent of section 56).

Part 2Northern Ireland

7Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

1

The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.

2

In Article 26(2) (offences for which an arrest may be made without a warrant in Northern Ireland), in paragraph (o), for “section 9(3) of the Prevention of Terrorism Act 2005” substitute “section 23(1) of the Terrorism Prevention and Investigation Measures Act 2011”.

3

In Schedule 2A (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.