Statutory Instruments

2001 No. 421

PREVENTION AND SUPPRESSION OF TERRORISM

The Terrorism Act 2000 (Commencement No. 3) Order 2001

Made

15th February 2001

Citation and interpretation

1.—(1) This Order may be cited as the Terrorism Act 2000 (Commencement No. 3) Order 2001.

(2) In this Order “the 2000 Act” means the Terrorism Act 2000.

Commencement

2.  The 2000 Act shall,

(a)to the extent that it is not already in force; and

(b)with the exception of section 100,

come into force on 19th February 2001.

Cessation of transitional provisions

3.  The provisions to which paragraph 1 of Schedule 1 to the 2000 Act applies shall, on that day,

(a)cease to have effect; and

(b)cease to be capable of being the subject of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996(2).

Jack Straw

One of Her Majesty’s Principal Secretaries of State

Home Office

15th February 2001

Explanatory Note

(This note is not part of the Order)

This Order brings the Terrorism Act 2000 (“the 2000 Act”) into force on 19th February 2001 (to the extent that it is not already in force and with the exception of section 100). The Order also terminates the effect of certain transitional provisions relating to Northern Ireland, on the coming into force of Part VII (Northern Ireland) of the 2000 Act, and ensures that their effect cannot be revived.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

By virtue of section 128 of the 2000 Act the following provisions of the Act came into force on Royal Assent:

(a)section 2(1)(b) and (2) and Schedule 1 (Northern Ireland (Emergency Provisions) Act 1996: cessation of effect and transitional provisions—the latter terminated by this Order); and

(b)section 118 (defences).

The following provisions of the 2000 Act were brought into force on 12th October 2000 by the Terrorism Act 2000 (Commencement No. 1) Order 2000 (S.I. 2000/2800):

(a)section 99 (police and army powers: code of practice);

(b)in section 101 (codes of practice: supplementary), subsections (1) to (5);

(c)in Part I of Schedule B (treatment of persons detained under section 41 or Schedule 7),

(i)paragraph 3; and

(ii)paragraph 4, sub-paragraphs (1) to (5); and

(d)in Schedule 14 (exercise of officers' powers),

(i)paragraph 1;

(ii)in paragraph 6, sub-paragraphs (1) and (4); and

(iii)paragraph 7.

The following provisions of the 2000 Act were brought into force on 31st October 2000 by the Terrorism Act 2000 (Commencement No. 2) Order 2000 (S.I. 2000/2944):

(a)in section 4 (deproscription: application), subsections (3) and (4);

(b)in section 5 (deproscription: appeal), subsection (1), and subsection (6) insofar as it relates to the provisions referred to in paragraph (g) below;

(c)in section 24 (seizure of terrorist cash: interpretation), subsection 2(e);

(d)section 31 (seizure of terrorist cash: rules of court);

(e)section 119 (crown servants, regulators etc);

(f)section 123 (orders and regulations);

(g)in Schedule 3 (the Proscribed Organisations Appeal Commission), paragraphs 1 to 5;

(h)in Schedule 4 (forfeiture orders);

(i)in paragraph 13, sub-paragraphs 2(b), (3) and (4);

(ii)in paragraph 27, sub-paragraphs 2(b), (3) and (4);

(iii)in paragraph 43, sub-paragraphs 2(b), (3) and (4); and

(iv)paragraph 52;

(i)in Schedule 5, in paragraph 10, sub-paragraphs (2) and (3);

(j)in Schedule 6 (financial information),

(i)paragraph 4;

(ii)in paragraph 6, sub-paragraph (2); and

(iii)in paragraph 7, sub-paragraph (3);

(k)in Schedule 7 (port and border controls),

(i)in paragraph 16, sub-paragraphs (1) and (2); and

(ii)in paragraph 17, sub-paragraph (4); and

(l)in Schedule 8 (detention),

(i)in paragraph 1, sub-paragraph (1); and

(ii)paragraph 19.