Counter-Terrorism Act 2008
2008 c. 28 · Enacted 26 November 2008 · Extends to United Kingdom
An Act to confer further powers to gather and share information for counter-terrorism and other purposes; to make further provision about the detention and questioning of terrorist suspects and the prosecution and punishment of terrorist offences; to impose notification requirements on persons convicted of such offences; to confer further powers to act against terrorist financing, money laundering and certain other activities; to provide for review of certain Treasury decisions and about evidence in, and other matters connected with, review proceedings; to amend the law relating to inquiries; to amend the definition of “terrorism”; to amend the enactments relating to terrorist offences, control orders and the forfeiture of terrorist cash; to provide for recovering the costs of policing at certain gas facilities; to amend provisions about the appointment of special advocates in Northern Ireland; and for connected purposes. 9
[26th November 2008]
C1Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2
Annotations to the whole text
Modifications
- C1
Act modified (21.2.2009) by The Banking Act 2009 (Parts 2 and 3 Consequential Amendments) Order 2009 (S.I. 2009/317), art. 3, Sch.
- C2
Act modified (28.4.2022) by 2003 c. 44, s. 327(4E)(4F) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 189(10), 208(4)(x))
Contents
- Part 1: Powers to gather and share information
- Power to remove documents for examination Not yet in force
- 1Power to remove documents for examination Not yet in force
- 2Offence of obstruction Not yet in force
- 3Items subject to legal privilege Not yet in force
- 4Record of removal Not yet in force
- 5Retention of documents Not yet in force
- 6Access to documents Not yet in force
- 7Photographing and copying of documents Not yet in force
- 8Return of documents Not yet in force
- 9Power to remove documents: supplementary provisions Not yet in force
- Power to take fingerprints and samples from person subject to control order Not yet in force
- 10Power to take fingerprints and samples: England and Wales Not yet in force
- 11Power to take fingerprints and samples: Scotland Not yet in force
- 12Power to take fingerprints and samples: Northern Ireland Not yet in force
- 13Power to take fingerprints and samples: transitional provision Not yet in force
- Retention and use of fingerprints and samples
- 14Material subject to the Police and Criminal Evidence Act 1984 Not yet in force
- 15Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989 Not yet in force
- 16Material subject to the Terrorism Act 2000: England and Wales and Northern Ireland Not yet in force
- 17Material subject to the Terrorism Act 2000: Scotland Not yet in force
- 18Destruction of national security material not subject to existing statutory restrictions
- 18ARetention of material: general
- 18AARetention of material from INTERPOL
- 18ABRetention of material from INTERPOL: supplementary
- 18BRetention for purposes of national security
- 18BARetention of further fingerprints
- 18CDestruction of copies
- 18DUse of retained material
- 18ESections 18 to 18E: supplementary provisions Not yet in force
- Disclosure of information and the intelligence services
- 19Disclosure and the intelligence services
- 20Disclosure and the intelligence services: supplementary provisions
- 21Disclosure and the intelligence services: interpretation
- Part 2: Post-charge questioning of terrorist suspects
- 22Post-charge questioning: England and Wales
- 23Post-charge questioning: Scotland
- 24Post-charge questioning: Northern Ireland Not yet in force
- 25Recording of interviews
- 26Issue and revision of code of practice
- 27Meaning of “terrorism offence”
- Part 3: Prosecution and punishment of terrorist offences
- Jurisdiction
- 28Jurisdiction to try offences committed in the UK
- Consent to prosecution
- 29Consent to prosecution of offence committed outside UK
- Sentencing
- 30Sentences for offences with a terrorist connection: ... ... Northern Ireland
- 31Sentences for offences with a terrorist connection: Scotland
- 32Sentences for offences with a terrorist connection: armed forces Repealed
- 33Power to amend list of offences where terrorist connection to be considered Repealed
- Forfeiture
- 34Forfeiture: terrorist property offences
- 35Forfeiture: other terrorism offences and offences with a terrorist connection
- 36Forfeiture: supplementary provisions
- 37Forfeiture: application of proceeds to compensate victims
- 38Forfeiture: other amendments
- 39Forfeiture: consequential amendments
- Part 4: Notification requirements
- Introductory
- 40Scheme of this Part
- Offences to which this Part applies
- 41Offences to which this Part applies: terrorism offences
- 42Offences to which this Part applies: offences having a terrorist connection
- 43Offences dealt with before commencement
- Persons to whom the notification requirements apply
- 44Persons to whom the notification requirements apply
- 45Sentences or orders triggering notification requirements
- 46Power to amend specified terms or periods of imprisonment or detention
- Notification requirements
- 47Initial notification
- 48Notification of changes : general
- 48ANotification of changes: financial information and information about identification documents
- 49Periodic re-notification
- 50Method of notification and related matters
- 51Meaning of “local police area”
- 52Travel outside the United Kingdom
- Period for which notification requirements apply
- 53Period for which notification requirements apply
- Offences in relation to notification
- 54Offences relating to notification
- 55Effect of absence abroad
- 56Notification on return after absence from UK
- Entry and search of home address
- 56APower to enter and search home address
- Supplementary provisions
- 57Notification orders
- 58Foreign travel restriction orders
- 59Application of Part to service offences and related matters
- 60Minor definitions for Part 4
- 61References to a person being “dealt with” for an offence
- Part 5: Terrorist financing and money laundering
- 62Terrorist financing and money laundering
- Part 6: Financial restrictions proceedings
- Chapter 1: Application to set aside financial restrictions decision
- 63Application to set aside financial restrictions decision
- 64UN terrorism orders
- Chapter 2: Financial restrictions proceedings
- Introductory
- 65Financial restrictions proceedings
- Rules of court, disclosure and related matters
- 66General provisions about rules of court
- 67Rules of court about disclosure
- 68Appointment of special advocate
- 69Intercept evidence Repealed
- 70Qualification of duty to give reasons
- Supplementary provisions
- 71Allocation of proceedings to Queen's Bench Division
- 72Initial exercise of powers by Lord Chancellor
- 73Interpretation
- Part 7: Miscellaneous
- Inquiries
- 74Inquiries: intercept evidence Repealed
- Amendment of definition of “terrorism” etc
- 75Amendment of definition of “terrorism” etc
- Terrorist offences
- 76Offences relating to information about members of armed forces etc
- 77Terrorist property: disclosure of information about possible offences
- Control orders
- 78Control orders: powers of entry and search Repealed
- 79Control orders: meaning of involvement in terrorism-related activity Repealed
- 80Time allowed for representations by controlled person Repealed
- 81Application for anonymity for controlled person Repealed
- Pre-charge detention of terrorist suspects
- 82Pre-charge detention: minor amendments
- Forfeiture of terrorist cash
- 83Forfeiture of terrorist cash: determination of period for which cash may be detained
- 84Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
- Costs of policing at gas facilities
- 85Costs of policing at gas facilities: England and Wales
- 86Costs of policing at gas facilities: Scotland
- 87Designated gas transporters
- 88Costs of policing at gas facilities: recovery of costs
- 89Costs of policing at gas facilities: supplementary provisions
- 90Application of provisions to costs incurred before commencement
- Appointment of special advocates in Northern Ireland Not yet in force
- 91Appointment of special advocates in Northern Ireland Not yet in force
- Part 8: Supplementary provisions
- General definitions
- 92Meaning of “terrorism”
- 93Meaning of offence having a “terrorist connection”
- 94Meaning of “ancillary offence”
- 95Meaning of “service court” and “service offence”
- Orders and regulations
- 96Orders and regulations
- 97Orders and regulations: affirmative and negative resolution procedure
- Financial provisions
- 98Financial provisions
- Repeals and revocations
- 99Repeals and revocations
- Final provisions
- 100Commencement
- 101Extent
- 102Short title
- Schedule 1: Disclosure and the intelligence services: consequential amendments
- Anti-terrorism, Crime and Security Act 2001 (c. 24)
- 1Paragraph 1
- Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
- 2Paragraph 2
- Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
- 3Paragraph 3
- Immigration, Asylum and Nationality Act 2006 (c. 13)
- 4Paragraph 4
- Statistics and Registration Service Act 2007 (c. 18)
- 5Paragraph 5
- Schedule 1A: Offences where terrorist connection not required to be considered
- Terrorism Act 2000
- 1Paragraph 1
- Anti-terrorism, Crime and Security Act 2001
- 2Paragraph 2
- Terrorism Act 2006
- 3Paragraph 3
- Counter-Terrorism Act 2008
- 4Paragraph 4
- Terrorism Prevention and Investigation Measures 2011
- 5Paragraph 5
- Counter-Terrorism and Security Act 2015
- 6Paragraph 6
- Ancillary offences
- 7Paragraph 7
- Schedule 2: Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered
- Common law offences
- Paragraph
- Statutory offences
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Paragraph
- Ancillary offences
- Paragraph
- Schedule 3: Forfeiture: consequential amendments
- Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
- 1Paragraph 1
- Terrorism Act 2000 (c. 11)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Proceeds of Crime Act 2002 (c. 29)
- 7Paragraph 7
- Schedule 3A: Notification requirements: financial information and information about identification documents
- Financial information
- 1Paragraph 1
- Information about identification documents
- 2Paragraph 2
- Schedule 4: Notification orders
- Introductory
- 1Paragraph 1
- Corresponding foreign offences
- 2Paragraph 2
- Conditions for making a notification order
- 3Paragraph 3
- Application for notification order
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Effect of notification order
- 7Paragraph 7
- Adaptation of provisions of this Part in relation to foreign proceedings
- 8Paragraph 8
- Schedule 5: Foreign travel restriction orders
- Introductory
- 1Paragraph 1
- Conditions for making a foreign travel restriction order
- 2Paragraph 2
- Application for foreign travel restriction order
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Provisions of a foreign travel restriction order
- 6Paragraph 6
- Duration of foreign travel restriction order
- 7Paragraph 7
- Variation, renewal or discharge of order
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Provisions of renewed or varied order
- 11Paragraph 11
- Appeals
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- Breach of foreign travel restriction order an offence
- 15Paragraph 15
- Meaning of “terrorism activity”
- 16Paragraph 16
- Schedule 6: Notification requirements: application to service offences
- Service offences to which this Part applies: terrorism offences
- 1Paragraph 1
- Service offences to which this Part applies: offences having a terrorist connection
- 2Paragraph 2
- Service offences dealt with before commencement
- 3Paragraph 3
- Service offences: persons to whom notification requirements apply
- 4Paragraph 4
- Service offences: sentences or orders triggering notification requirements
- 5Paragraph 5
- Service offences: power to amend specified terms or periods of imprisonment or detention
- 6Paragraph 6
- Service offences: period for which notification requirements apply
- 7Paragraph 7
- Modifications in relation to service offences etc
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Application of power to make transitional modifications etc
- 13Paragraph 13
- Schedule 7: Terrorist financing and money laundering
- Part 1: Conditions for giving a direction
- Conditions for giving a direction
- 1Paragraph 1
- Main definitions
- 2Paragraph 2
- Part 2: Persons to whom a direction may be given
- Persons to whom a direction may be given
- 3Paragraph 3
- Persons operating in the financial sector
- 4Paragraph 4
- Meaning of “credit institution” and “financial institution”
- 5Paragraph 5
- Exceptions
- 6Paragraph 6
- Interpretation of this Part
- 7Paragraph 7
- Power to amend
- 8Paragraph 8
- Part 3: Requirements that may be imposed by a direction
- Requirements that may be imposed by a direction
- 9Paragraph 9
- Customer due diligence
- 10Paragraph 10
- Ongoing monitoring
- 11Paragraph 11
- Systematic reporting
- 12Paragraph 12
- Limiting or ceasing business
- 13Paragraph 13
- Part 4: Procedural provisions and licensing
- General directions to be given by order
- 14Paragraph 14
- Specific directions: notification and duration of directions
- 15Paragraph 15
- General directions: publication and duration of directions
- 16Paragraph 16
- Directions limiting or ceasing business: exemption by licence
- 17Paragraph 17
- Part 5: Enforcement: information powers
- Enforcement authorities and officers
- 18Paragraph 18
- Power to require information or documents
- 19Paragraph 19
- Entry, inspection without a warrant etc
- 20Paragraph 20
- Entry to premises under warrant
- 21Paragraph 21
- Restrictions on powers
- 22Paragraph 22
- Failure to comply with information requirement
- 23Paragraph 23
- Powers of local enforcement officers
- 24Paragraph 24
- Part 6: Enforcement: civil penalties
- Power to impose civil penalties
- 25Paragraph 25
- 25AParagraph 25A
- Imposition of penalty by HMRC: procedure ...
- 26Paragraph 26
- Offer of review
- 26AParagraph 26A
- Review by HMRC
- 26BParagraph 26B
- Extensions of time
- 26CParagraph 26C
- Review out of time
- 26DParagraph 26D
- Nature of review etc
- 26EParagraph 26E
- Bringing of appeals against decisions of HMRC
- 26FParagraph 26F
- Imposition of penalty by other enforcement authority: procedure
- 27Paragraph 27
- Appeal against imposition of civil penaltyother than by HMRC
- 28Paragraph 28
- Payment and recovery of civil penalties
- 29Paragraph 29
- Part 7: Enforcement: offences
- Offences: failure to comply with requirement imposed by direction
- 30Paragraph 30
- Offences: relevant person circumventing requirements
- 30AParagraph 30A
- Offences in connection with licences
- 31Paragraph 31
- Extra-territorial application of offences
- 32Paragraph 32
- Prosecution of offences
- 33Paragraph 33
- Jurisdiction to try offences
- 34Paragraph 34
- Time limit for summary proceedings
- 35Paragraph 35
- Liability of officers of bodies corporate etc
- 36Paragraph 36
- Proceedings against unincorporated bodies
- 37Paragraph 37
- Part 8: Supplementary and general
- Report to Parliament
- 38Paragraph 38
- Supervision by supervisory authority
- 39Paragraph 39
- Assistance in preparing guidance
- 40Paragraph 40
- Functions of Financial Conduct Authority
- 41Paragraph 41
- Notices
- 42Paragraph 42
- Crown application
- 43Paragraph 43
- Meaning of “United Kingdom person”
- 44Paragraph 44
- Interpretation
- 45Paragraph 45
- Index of defined expressions
- 46Paragraph 46
- Schedule 8: Offences relating to information about members of armed forces etc: supplementary provisions
- Paragraph Not yet in force
- Schedule 9: Repeals and revocations
- 1Retention and use of fingerprints and samples Not yet in force
- 2Disclosure of information and the intelligence services
- 3Forfeiture
- 4Financial restrictions proceedings
- 5Control orders
- 6Pre-charge detention