OpenLegislation

Counter-Terrorism Act 2008

2008 c. 28 · Enacted 26 November 2008 · Extends to United Kingdom

Not fully up to date. 14 changes made by later legislation have not yet been written into this text, which is revised to 29 June 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 6 para. 5(1)(a)(iv)words insertedCounter-Terrorism and Sentencing Act 2021 Sch. 13 para. 42
s. 40(2)(aa)insertedCrime and Policing Act 2026 Sch. 26 para. 2(2)
s. 40(4)insertedCrime and Policing Act 2026 Sch. 26 para. 2(3)
s. 57 headingwords substitutedCrime and Policing Act 2026 Sch. 26 para. 3
s. 57AinsertedCrime and Policing Act 2026 Sch. 26 para. 4
s. 59(1)s. 59 renumbered as s. 59(1)Crime and Policing Act 2026 Sch. 26 para. 5(2)
s. 59(2)insertedCrime and Policing Act 2026 Sch. 26 para. 5(3)
s. 61(4)(b)words substitutedCrime and Policing Act 2026 Sch. 26 para. 6(2)(a)
s. 61(4)(b)words insertedCrime and Policing Act 2026 Sch. 26 para. 6(2)(b)
s. 61(5)(aa)insertedCrime and Policing Act 2026 Sch. 26 para. 6(3)
Sch. 4 headingwords substitutedCrime and Policing Act 2026 Sch. 26 para. 7(2)
Sch. 4words substitutedCrime and Policing Act 2026 Sch. 26 para. 7(3)
Sch. 4AinsertedCrime and Policing Act 2026 Sch. 26 para. 8
Sch. 6AinsertedCrime and Policing Act 2026 Sch. 26 para. 9

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

  1. Part 1: Powers to gather and share information
  2. Power to remove documents for examination Not yet in force
  3. 1Power to remove documents for examination Not yet in force
  4. 2Offence of obstruction Not yet in force
  5. 3Items subject to legal privilege Not yet in force
  6. 4Record of removal Not yet in force
  7. 5Retention of documents Not yet in force
  8. 6Access to documents Not yet in force
  9. 7Photographing and copying of documents Not yet in force
  10. 8Return of documents Not yet in force
  11. 9Power to remove documents: supplementary provisions Not yet in force
  12. Power to take fingerprints and samples from person subject to control order Not yet in force
  13. 10Power to take fingerprints and samples: England and Wales Not yet in force
  14. 11Power to take fingerprints and samples: Scotland Not yet in force
  15. 12Power to take fingerprints and samples: Northern Ireland Not yet in force
  16. 13Power to take fingerprints and samples: transitional provision Not yet in force
  17. Retention and use of fingerprints and samples
  18. 14Material subject to the Police and Criminal Evidence Act 1984 Not yet in force
  19. 15Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989 Not yet in force
  20. 16Material subject to the Terrorism Act 2000: England and Wales and Northern Ireland Not yet in force
  21. 17Material subject to the Terrorism Act 2000: Scotland Not yet in force
  22. 18Destruction of national security material not subject to existing statutory restrictions
  23. 18ARetention of material: general
  24. 18AARetention of material from INTERPOL
  25. 18ABRetention of material from INTERPOL: supplementary
  26. 18BRetention for purposes of national security
  27. 18BARetention of further fingerprints
  28. 18CDestruction of copies
  29. 18DUse of retained material
  30. 18ESections 18 to 18E: supplementary provisions Not yet in force
  31. Disclosure of information and the intelligence services
  32. 19Disclosure and the intelligence services
  33. 20Disclosure and the intelligence services: supplementary provisions
  34. 21Disclosure and the intelligence services: interpretation
  35. Part 2: Post-charge questioning of terrorist suspects
  36. 22Post-charge questioning: England and Wales
  37. 23Post-charge questioning: Scotland
  38. 24Post-charge questioning: Northern Ireland Not yet in force
  39. 25Recording of interviews
  40. 26Issue and revision of code of practice
  41. 27Meaning of “terrorism offence”
  42. Part 3: Prosecution and punishment of terrorist offences
  43. Jurisdiction
  44. 28Jurisdiction to try offences committed in the UK
  45. Consent to prosecution
  46. 29Consent to prosecution of offence committed outside UK
  47. Sentencing
  48. 30Sentences for offences with a terrorist connection: ... ... Northern Ireland
  49. 31Sentences for offences with a terrorist connection: Scotland
  50. 32Sentences for offences with a terrorist connection: armed forces Repealed
  51. 33Power to amend list of offences where terrorist connection to be considered Repealed
  52. Forfeiture
  53. 34Forfeiture: terrorist property offences
  54. 35Forfeiture: other terrorism offences and offences with a terrorist connection
  55. 36Forfeiture: supplementary provisions
  56. 37Forfeiture: application of proceeds to compensate victims
  57. 38Forfeiture: other amendments
  58. 39Forfeiture: consequential amendments
  59. Part 4: Notification requirements
  60. Introductory
  61. 40Scheme of this Part
  62. Offences to which this Part applies
  63. 41Offences to which this Part applies: terrorism offences
  64. 42Offences to which this Part applies: offences having a terrorist connection
  65. 43Offences dealt with before commencement
  66. Persons to whom the notification requirements apply
  67. 44Persons to whom the notification requirements apply
  68. 45Sentences or orders triggering notification requirements
  69. 46Power to amend specified terms or periods of imprisonment or detention
  70. Notification requirements
  71. 47Initial notification
  72. 48Notification of changes : general
  73. 48ANotification of changes: financial information and information about identification documents
  74. 49Periodic re-notification
  75. 50Method of notification and related matters
  76. 51Meaning of “local police area”
  77. 52Travel outside the United Kingdom
  78. Period for which notification requirements apply
  79. 53Period for which notification requirements apply
  80. Offences in relation to notification
  81. 54Offences relating to notification
  82. 55Effect of absence abroad
  83. 56Notification on return after absence from UK
  84. Entry and search of home address
  85. 56APower to enter and search home address
  86. Supplementary provisions
  87. 57Notification orders
  88. 58Foreign travel restriction orders
  89. 59Application of Part to service offences and related matters
  90. 60Minor definitions for Part 4
  91. 61References to a person being “dealt with” for an offence
  92. Part 5: Terrorist financing and money laundering
  93. 62Terrorist financing and money laundering
  94. Part 6: Financial restrictions proceedings
  95. Chapter 1: Application to set aside financial restrictions decision
  96. 63Application to set aside financial restrictions decision
  97. 64UN terrorism orders
  98. Chapter 2: Financial restrictions proceedings
  99. Introductory
  100. 65Financial restrictions proceedings
  101. Rules of court, disclosure and related matters
  102. 66General provisions about rules of court
  103. 67Rules of court about disclosure
  104. 68Appointment of special advocate
  105. 69Intercept evidence Repealed
  106. 70Qualification of duty to give reasons
  107. Supplementary provisions
  108. 71Allocation of proceedings to Queen's Bench Division
  109. 72Initial exercise of powers by Lord Chancellor
  110. 73Interpretation
  111. Part 7: Miscellaneous
  112. Inquiries
  113. 74Inquiries: intercept evidence Repealed
  114. Amendment of definition of “terrorism” etc
  115. 75Amendment of definition of “terrorism” etc
  116. Terrorist offences
  117. 76Offences relating to information about members of armed forces etc
  118. 77Terrorist property: disclosure of information about possible offences
  119. Control orders
  120. 78Control orders: powers of entry and search Repealed
  121. 79Control orders: meaning of involvement in terrorism-related activity Repealed
  122. 80Time allowed for representations by controlled person Repealed
  123. 81Application for anonymity for controlled person Repealed
  124. Pre-charge detention of terrorist suspects
  125. 82Pre-charge detention: minor amendments
  126. Forfeiture of terrorist cash
  127. 83Forfeiture of terrorist cash: determination of period for which cash may be detained
  128. 84Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
  129. Costs of policing at gas facilities
  130. 85Costs of policing at gas facilities: England and Wales
  131. 86Costs of policing at gas facilities: Scotland
  132. 87Designated gas transporters
  133. 88Costs of policing at gas facilities: recovery of costs
  134. 89Costs of policing at gas facilities: supplementary provisions
  135. 90Application of provisions to costs incurred before commencement
  136. Appointment of special advocates in Northern Ireland Not yet in force
  137. 91Appointment of special advocates in Northern Ireland Not yet in force
  138. Part 8: Supplementary provisions
  139. General definitions
  140. 92Meaning of “terrorism”
  141. 93Meaning of offence having a “terrorist connection”
  142. 94Meaning of “ancillary offence”
  143. 95Meaning of “service court” and “service offence”
  144. Orders and regulations
  145. 96Orders and regulations
  146. 97Orders and regulations: affirmative and negative resolution procedure
  147. Financial provisions
  148. 98Financial provisions
  149. Repeals and revocations
  150. 99Repeals and revocations
  151. Final provisions
  152. 100Commencement
  153. 101Extent
  154. 102Short title
  155. Schedule 1: Disclosure and the intelligence services: consequential amendments
  156. Anti-terrorism, Crime and Security Act 2001 (c. 24)
  157. 1Paragraph 1
  158. Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
  159. 2Paragraph 2
  160. Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
  161. 3Paragraph 3
  162. Immigration, Asylum and Nationality Act 2006 (c. 13)
  163. 4Paragraph 4
  164. Statistics and Registration Service Act 2007 (c. 18)
  165. 5Paragraph 5
  166. Schedule 1A: Offences where terrorist connection not required to be considered
  167. Terrorism Act 2000
  168. 1Paragraph 1
  169. Anti-terrorism, Crime and Security Act 2001
  170. 2Paragraph 2
  171. Terrorism Act 2006
  172. 3Paragraph 3
  173. Counter-Terrorism Act 2008
  174. 4Paragraph 4
  175. Terrorism Prevention and Investigation Measures 2011
  176. 5Paragraph 5
  177. Counter-Terrorism and Security Act 2015
  178. 6Paragraph 6
  179. Ancillary offences
  180. 7Paragraph 7
  181. Schedule 2: Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered
  182. Common law offences
  183. Paragraph
  184. Statutory offences
  185. Paragraph
  186. Paragraph
  187. Paragraph
  188. Paragraph
  189. Paragraph
  190. Paragraph
  191. Paragraph
  192. Paragraph
  193. Paragraph
  194. Paragraph
  195. Paragraph
  196. Paragraph
  197. Paragraph
  198. Ancillary offences
  199. Paragraph
  200. Schedule 3: Forfeiture: consequential amendments
  201. Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
  202. 1Paragraph 1
  203. Terrorism Act 2000 (c. 11)
  204. 2Paragraph 2
  205. 3Paragraph 3
  206. 4Paragraph 4
  207. 5Paragraph 5
  208. 6Paragraph 6
  209. Proceeds of Crime Act 2002 (c. 29)
  210. 7Paragraph 7
  211. Schedule 3A: Notification requirements: financial information and information about identification documents
  212. Financial information
  213. 1Paragraph 1
  214. Information about identification documents
  215. 2Paragraph 2
  216. Schedule 4: Notification orders
  217. Introductory
  218. 1Paragraph 1
  219. Corresponding foreign offences
  220. 2Paragraph 2
  221. Conditions for making a notification order
  222. 3Paragraph 3
  223. Application for notification order
  224. 4Paragraph 4
  225. 5Paragraph 5
  226. 6Paragraph 6
  227. Effect of notification order
  228. 7Paragraph 7
  229. Adaptation of provisions of this Part in relation to foreign proceedings
  230. 8Paragraph 8
  231. Schedule 5: Foreign travel restriction orders
  232. Introductory
  233. 1Paragraph 1
  234. Conditions for making a foreign travel restriction order
  235. 2Paragraph 2
  236. Application for foreign travel restriction order
  237. 3Paragraph 3
  238. 4Paragraph 4
  239. 5Paragraph 5
  240. Provisions of a foreign travel restriction order
  241. 6Paragraph 6
  242. Duration of foreign travel restriction order
  243. 7Paragraph 7
  244. Variation, renewal or discharge of order
  245. 8Paragraph 8
  246. 9Paragraph 9
  247. 10Paragraph 10
  248. Provisions of renewed or varied order
  249. 11Paragraph 11
  250. Appeals
  251. 12Paragraph 12
  252. 13Paragraph 13
  253. 14Paragraph 14
  254. Breach of foreign travel restriction order an offence
  255. 15Paragraph 15
  256. Meaning of “terrorism activity”
  257. 16Paragraph 16
  258. Schedule 6: Notification requirements: application to service offences
  259. Service offences to which this Part applies: terrorism offences
  260. 1Paragraph 1
  261. Service offences to which this Part applies: offences having a terrorist connection
  262. 2Paragraph 2
  263. Service offences dealt with before commencement
  264. 3Paragraph 3
  265. Service offences: persons to whom notification requirements apply
  266. 4Paragraph 4
  267. Service offences: sentences or orders triggering notification requirements
  268. 5Paragraph 5
  269. Service offences: power to amend specified terms or periods of imprisonment or detention
  270. 6Paragraph 6
  271. Service offences: period for which notification requirements apply
  272. 7Paragraph 7
  273. Modifications in relation to service offences etc
  274. 8Paragraph 8
  275. 9Paragraph 9
  276. 10Paragraph 10
  277. 11Paragraph 11
  278. 12Paragraph 12
  279. Application of power to make transitional modifications etc
  280. 13Paragraph 13
  281. Schedule 7: Terrorist financing and money laundering
  282. Part 1: Conditions for giving a direction
  283. Conditions for giving a direction
  284. 1Paragraph 1
  285. Main definitions
  286. 2Paragraph 2
  287. Part 2: Persons to whom a direction may be given
  288. Persons to whom a direction may be given
  289. 3Paragraph 3
  290. Persons operating in the financial sector
  291. 4Paragraph 4
  292. Meaning of “credit institution” and “financial institution”
  293. 5Paragraph 5
  294. Exceptions
  295. 6Paragraph 6
  296. Interpretation of this Part
  297. 7Paragraph 7
  298. Power to amend
  299. 8Paragraph 8
  300. Part 3: Requirements that may be imposed by a direction
  301. Requirements that may be imposed by a direction
  302. 9Paragraph 9
  303. Customer due diligence
  304. 10Paragraph 10
  305. Ongoing monitoring
  306. 11Paragraph 11
  307. Systematic reporting
  308. 12Paragraph 12
  309. Limiting or ceasing business
  310. 13Paragraph 13
  311. Part 4: Procedural provisions and licensing
  312. General directions to be given by order
  313. 14Paragraph 14
  314. Specific directions: notification and duration of directions
  315. 15Paragraph 15
  316. General directions: publication and duration of directions
  317. 16Paragraph 16
  318. Directions limiting or ceasing business: exemption by licence
  319. 17Paragraph 17
  320. Part 5: Enforcement: information powers
  321. Enforcement authorities and officers
  322. 18Paragraph 18
  323. Power to require information or documents
  324. 19Paragraph 19
  325. Entry, inspection without a warrant etc
  326. 20Paragraph 20
  327. Entry to premises under warrant
  328. 21Paragraph 21
  329. Restrictions on powers
  330. 22Paragraph 22
  331. Failure to comply with information requirement
  332. 23Paragraph 23
  333. Powers of local enforcement officers
  334. 24Paragraph 24
  335. Part 6: Enforcement: civil penalties
  336. Power to impose civil penalties
  337. 25Paragraph 25
  338. 25AParagraph 25A
  339. Imposition of penalty by HMRC: procedure ...
  340. 26Paragraph 26
  341. Offer of review
  342. 26AParagraph 26A
  343. Review by HMRC
  344. 26BParagraph 26B
  345. Extensions of time
  346. 26CParagraph 26C
  347. Review out of time
  348. 26DParagraph 26D
  349. Nature of review etc
  350. 26EParagraph 26E
  351. Bringing of appeals against decisions of HMRC
  352. 26FParagraph 26F
  353. Imposition of penalty by other enforcement authority: procedure
  354. 27Paragraph 27
  355. Appeal against imposition of civil penaltyother than by HMRC
  356. 28Paragraph 28
  357. Payment and recovery of civil penalties
  358. 29Paragraph 29
  359. Part 7: Enforcement: offences
  360. Offences: failure to comply with requirement imposed by direction
  361. 30Paragraph 30
  362. Offences: relevant person circumventing requirements
  363. 30AParagraph 30A
  364. Offences in connection with licences
  365. 31Paragraph 31
  366. Extra-territorial application of offences
  367. 32Paragraph 32
  368. Prosecution of offences
  369. 33Paragraph 33
  370. Jurisdiction to try offences
  371. 34Paragraph 34
  372. Time limit for summary proceedings
  373. 35Paragraph 35
  374. Liability of officers of bodies corporate etc
  375. 36Paragraph 36
  376. Proceedings against unincorporated bodies
  377. 37Paragraph 37
  378. Part 8: Supplementary and general
  379. Report to Parliament
  380. 38Paragraph 38
  381. Supervision by supervisory authority
  382. 39Paragraph 39
  383. Assistance in preparing guidance
  384. 40Paragraph 40
  385. Functions of Financial Conduct Authority
  386. 41Paragraph 41
  387. Notices
  388. 42Paragraph 42
  389. Crown application
  390. 43Paragraph 43
  391. Meaning of “United Kingdom person”
  392. 44Paragraph 44
  393. Interpretation
  394. 45Paragraph 45
  395. Index of defined expressions
  396. 46Paragraph 46
  397. Schedule 8: Offences relating to information about members of armed forces etc: supplementary provisions
  398. Paragraph Not yet in force
  399. Schedule 9: Repeals and revocations
  400. 1Retention and use of fingerprints and samples Not yet in force
  401. 2Disclosure of information and the intelligence services
  402. 3Forfeiture
  403. 4Financial restrictions proceedings
  404. 5Control orders
  405. 6Pre-charge detention