Prospective

Schedules

Section 12

Schedule 3U.K.Investigatory powers

Terrorism protection investigationsU.K.

schedule 3 paragraph 1 + schedule 3 paragraph 1 + 1In this Schedule “terrorism protection investigation” means an investigation by the Security Industry Authority to determine whether a person—

schedule 3 paragraph 1 a + (a)is contravening or has contravened a requirement imposed by or under this Part, or

schedule 3 paragraph 1 b + (b)is committing or has committed an offence under this Part.

Authorised inspectorsU.K.

schedule 3 paragraph 2 1 + schedule 3 paragraph 2 + schedule 3 paragraph 2 + 2(1)The Security Industry Authority may authorise persons to—

schedule 3 paragraph 2 1 a + (a)exercise information gathering powers under paragraph 3;

schedule 3 paragraph 2 1 b + (b)exercise powers of entry and inspection under paragraph 4;

schedule 3 paragraph 2 1 c + (c)apply for a warrant to be issued under paragraph 5 and execute such a warrant.

schedule 3 paragraph 2 2 + (2)term authorised inspector + In this Schedule “authorised inspector” means—

schedule 3 paragraph 2 2 a + (a)in relation to paragraph 3, a person authorised under sub-paragraph (1)(a);

schedule 3 paragraph 2 2 b + (b)in relation to paragraph 4, a person authorised under sub-paragraph (1)(b);

schedule 3 paragraph 2 2 c + (c)in relation to paragraphs 5 to 8, a person authorised under sub-paragraph (1)(c);

schedule 3 paragraph 2 2 d + (d)in relation to paragraph 11 or 12, a person authorised under any of sub-paragraphs (1)(a) to (1)(c).

schedule 3 paragraph 2 3 + (3)A person may be authorised to exercise a power under this Schedule only if the person appears to the Security Industry Authority to be suitably qualified to exercise the power.

schedule 3 paragraph 2 4 + (4)An authorisation under this paragraph—

schedule 3 paragraph 2 4 a + (a)must be in writing;

schedule 3 paragraph 2 4 b + (b)may be varied or withdrawn by the Security Industry Authority by an instrument in writing.

schedule 3 paragraph 2 5 + (5)When exercising or seeking to exercise a power under this Schedule, an authorised inspector must, if asked, produce—

schedule 3 paragraph 2 5 a + (a)a copy of the authorisation, and

schedule 3 paragraph 2 5 b + (b)a copy of any instrument varying the authorisation.

Information gathering powersU.K.

schedule 3 paragraph 3 1 + schedule 3 paragraph 3 + schedule 3 paragraph 3 + 3(1)An authorised inspector may by notice require a person—

schedule 3 paragraph 3 1 a + (a)to provide specified information by a specified date, or

schedule 3 paragraph 3 1 b + (b)to attend at a specified time and place and provide information by answering questions.

schedule 3 paragraph 3 2 + (2)If a notice under sub-paragraph (1)(a) requires a person to provide information which is kept in electronic form, the notice may require it to be provided in a form in which it is visible and legible or from which it can readily be generated in a visible and legible form.

schedule 3 paragraph 3 3 + (3)An authorised inspector may give a person a notice under sub-paragraph (1)(a) only if the inspector has reason to believe that—

schedule 3 paragraph 3 3 a + (a)the specified information is required for the purposes of a terrorism protection investigation, and

schedule 3 paragraph 3 3 b + (b)the person is able to provide the specified information.

schedule 3 paragraph 3 4 + (4)An authorised inspector may give a person a notice under sub-paragraph (1)(b) only if the inspector has reason to believe that the person is able to provide information required for the purposes of a terrorism protection investigation.

schedule 3 paragraph 3 5 + (5)A person is not required under this paragraph to provide any information which might incriminate the person (and see paragraph 13).

schedule 3 paragraph 3 6 + (6)A notice under this paragraph must—

schedule 3 paragraph 3 6 a + (a)specify that it is a notice containing a requirement under this paragraph;

schedule 3 paragraph 3 6 b + (b)explain the grounds for the inspector believing the matters in sub-paragraph (3) or (4);

schedule 3 paragraph 3 6 c + (c)explain the consequences of failing to comply with the requirement;

schedule 3 paragraph 3 6 d + (d)attach evidence of the inspector’s authority to exercise the powers under this paragraph.

schedule 3 paragraph 3 7 + (7)An authorised inspector may vary or withdraw a notice under this paragraph by giving notice of the variation or withdrawal to the person to whom the notice was given.

schedule 3 paragraph 3 8 + (8)Information provided by a person under this paragraph is not admissible in evidence against that person in criminal proceedings except—

schedule 3 paragraph 3 8 a + (a)if the proceedings are for a false statement offence, or

schedule 3 paragraph 3 8 b + (b)if in the proceedings—

schedule 3 paragraph 3 8 b i + (i)in giving evidence the person makes a statement inconsistent with the information, and

schedule 3 paragraph 3 8 b ii + (ii)evidence as to the information is adduced, or a question relating to it is asked, by or on behalf of the person.

schedule 3 paragraph 3 9 + (9)In this paragraph—

• term false statement offence + “false statement offence” means an offence under—

  (a)

  section 2 or 5 of the Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath),

  (b)

  section 44(1) or (2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath), or

  (c)

  Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements);

• term specified + “specified” means specified in the notice.

Powers to enter premises without a warrantU.K.

schedule 3 paragraph 4 1 + schedule 3 paragraph 4 + schedule 3 paragraph 4 + 4(1)An authorised inspector may enter premises and do any of the following things—

schedule 3 paragraph 4 1 a + (a)inspect the premises;

schedule 3 paragraph 4 1 b + (b)observe the carrying on of activities on the premises;

schedule 3 paragraph 4 1 c + (c)view any document on, or capable of being viewed using equipment on, the premises;

schedule 3 paragraph 4 1 d + (d)inspect any equipment or other item on the premises;

schedule 3 paragraph 4 1 e + (e)require any person on the premises to provide an explanation of any document or to state where it can be found;

schedule 3 paragraph 4 1 f + (f)take copies of any document;

schedule 3 paragraph 4 1 g + (g)take measurements and photographs and make recordings;

schedule 3 paragraph 4 1 h + (h)require any person on the premises to give the inspector any assistance that the inspector may reasonably require for the purposes of this paragraph.

schedule 3 paragraph 4 2 + (2)The power under this paragraph may be exercised in respect of premises only if an authorised inspector has reason to believe that—

schedule 3 paragraph 4 2 a + (a)the premises are qualifying premises or premises at which a qualifying event is to be held, is being held or has been held, and

schedule 3 paragraph 4 2 b + (b)the exercise of the power is necessary for the purposes of a terrorism protection investigation.

schedule 3 paragraph 4 3 + (3)Before exercising the power under this paragraph in relation to premises, an authorised inspector must give the occupier of the premises at least 72 hours’ notice in writing of the proposal to exercise the power.

schedule 3 paragraph 4 4 + (4)When exercising the power under this paragraph in relation to premises, an authorised inspector must, if requested to do so by a person on the premises—

schedule 3 paragraph 4 4 a + (a)produce evidence of the inspector’s identity, and

schedule 3 paragraph 4 4 b + (b)explain the purpose for which the power is to be exercised;

(and see paragraph 2(5) for the requirement to produce a copy of an authorisation if requested).

schedule 3 paragraph 4 5 + (5)The power under this paragraph must be exercised at a reasonable hour (having regard to the way in which the premises are used).

schedule 3 paragraph 4 6 + (6)The inspector may be accompanied by any person and bring anything required for any purpose for which the inspector is exercising the power under this paragraph.

Conditions for issue of warrant to enter premisesU.K.

schedule 3 paragraph 5 1 + schedule 3 paragraph 5 + schedule 3 paragraph 5 + 5(1)A justice may issue a warrant in respect of premises if satisfied on an application made by an authorised inspector that—

schedule 3 paragraph 5 1 a + (a)the premises are in the United Kingdom,

schedule 3 paragraph 5 1 b + (b)the premises are not used wholly or mainly as a private dwelling,

schedule 3 paragraph 5 1 c + (c)it is necessary for an authorised inspector to enter the premises for the purposes of a terrorism protection investigation, and

schedule 3 paragraph 5 1 d + (d)one or more of the conditions in sub-paragraph (2) are met in relation to the premises.

schedule 3 paragraph 5 2 + (2)The conditions are that—

schedule 3 paragraph 5 2 a + (a)the premises are not qualifying premises or premises at which a qualifying event is to be held, is being held or has been held;

schedule 3 paragraph 5 2 b + (b)the premises are qualifying premises or premises at which a qualifying event is to be held, is being held or has been held and an inspection without a warrant has been frustrated;

schedule 3 paragraph 5 2 c + (c)giving notice to enter the premises would defeat the object of entry;

schedule 3 paragraph 5 2 d + (d)an authorised inspector requires access to the premises urgently.

schedule 3 paragraph 5 3 + (3)For the purposes of sub-paragraph (2)(b), an inspection of premises without a warrant has been frustrated if—

schedule 3 paragraph 5 3 a + (a)an authorised inspector has given notice of the proposal to enter the premises under the power under paragraph 4, as required by paragraph 4(3), and

schedule 3 paragraph 5 3 b + (b)access has been denied or an authorised inspector has been prevented from doing any other thing mentioned in paragraph 4(1).

schedule 3 paragraph 5 4 + (4)term justice + In this paragraph “justice” means—

schedule 3 paragraph 5 4 a + (a)in England and Wales, a justice of the peace;

schedule 3 paragraph 5 4 b + (b)in Scotland, a sheriff or summary sheriff;

schedule 3 paragraph 5 4 c + (c)in Northern Ireland, a lay magistrate.

Powers exercisable by warrantU.K.

schedule 3 paragraph 6 1 + schedule 3 paragraph 6 + schedule 3 paragraph 6 + 6(1)A warrant issued under paragraph 5 in respect of premises—

schedule 3 paragraph 6 1 a + (a)permits any authorised inspector to enter the premises and do any other thing mentioned in paragraph 4(1), and

schedule 3 paragraph 6 1 b + (b)confers such additional powers as may be specified in the warrant.

schedule 3 paragraph 6 2 + (2)A power of entry under a warrant issued under paragraph 5 may be exercised—

schedule 3 paragraph 6 2 a + (a)at the times specified in the warrant, or

schedule 3 paragraph 6 2 b + (b)if no times are specified in the warrant, at any time.

schedule 3 paragraph 6 3 + (3)term additional powers + “Additional powers” means—

schedule 3 paragraph 6 3 a + (a)the power to enter by force (if necessary);

schedule 3 paragraph 6 3 b + (b)the power to seize documents, equipment or other items.

schedule 3 paragraph 6 4 + (4)If the warrant specifies the additional power in sub-paragraph (3)(b)—

schedule 3 paragraph 6 4 a + (a)an authorised inspector may only seize a thing if it appears to the inspector that—

schedule 3 paragraph 6 4 a i + (i)the thing is evidence of an offence under this Part, and

schedule 3 paragraph 6 4 a ii + (ii)the seizure is necessary to prevent that evidence being concealed, lost, altered or destroyed;

schedule 3 paragraph 6 4 b + (b)an authorised inspector who seizes a thing must, on request by any person appearing to be in charge of the premises, give a receipt for the thing seized.

schedule 3 paragraph 6 5 + (5)An authorised inspector may be accompanied by any person and bring anything required for any purpose for which the inspector is exercising the power under the warrant.

schedule 3 paragraph 6 6 + (6)If an authorised inspector has entered premises under a warrant issued under paragraph 5 and no person appearing to be in charge of the premises is present when the inspector is on the premises, the inspector must leave the premises as effectively secured against trespassers as the inspector found them.

Evidence of authorityU.K.

schedule 3 paragraph 7 1 + schedule 3 paragraph 7 + schedule 3 paragraph 7 + 7(1)Before exercising the power to enter premises under a warrant issued under paragraph 5 in respect of premises, an authorised inspector must—

schedule 3 paragraph 7 1 a + (a)produce a copy of the warrant;

schedule 3 paragraph 7 1 b + (b)supply the occupier (if present), or any other person appearing to the inspector to be in charge of the premises, with a copy of the warrant.

schedule 3 paragraph 7 2 + (2)If requested to do so by a person on the premises, the inspector must also—

schedule 3 paragraph 7 2 a + (a)produce evidence of the inspector’s identity, and

schedule 3 paragraph 7 2 b + (b)explain the purpose for which the power is exercised;

(and see paragraph 2(5) for the requirement to produce an authorisation if requested).

schedule 3 paragraph 7 3 + (3)If neither the occupier nor any other person appearing to the inspector to be in charge of the premises is present, the inspector must leave a copy of the warrant in a prominent place on the premises.

Return of warrantU.K.

schedule 3 paragraph 8 1 + schedule 3 paragraph 8 + schedule 3 paragraph 8 + 8(1)If a warrant issued under paragraph 5 is executed, the authorised inspector who executed it must return it to the court from which it was issued as soon as reasonably practicable with an endorsement summarising the exercise of the powers in paragraph 6.

schedule 3 paragraph 8 2 + (2)If a warrant issued under paragraph 5 is not executed, the Security Industry Authority must return it to the court from which it was issued as soon as reasonably practicable with an endorsement stating that it was not executed.

Retention of evidence etcU.K.

schedule 3 paragraph 9 1 + schedule 3 paragraph 9 + schedule 3 paragraph 9 + 9(1)A thing obtained under this Schedule in connection with a terrorism protection investigation may be retained by the Security Industry Authority for so long as is necessary for the purposes of the investigation.

schedule 3 paragraph 9 2 + (2)But a thing may not be retained if a copy, photograph or other recording of the thing would be sufficient for the purposes of the investigation.

Offence of failing to comply with information noticeU.K.

schedule 3 paragraph 10 1 + schedule 3 paragraph 10 + schedule 3 paragraph 10 + 10(1)A person who is given a notice under paragraph 3 commits an offence if the person fails to comply with it.

schedule 3 paragraph 10 2 + (2)It is a defence for a person charged with an offence under this paragraph to show that the person took all reasonable steps to comply with the notice.

schedule 3 paragraph 10 3 + (3)Subsections (4) to (10) of section 24 apply to a defence under sub-paragraph (2) as they apply to a defence under subsection (3) of that section.

schedule 3 paragraph 10 4 + (4)A person who commits an offence under this paragraph is liable on summary conviction—

schedule 3 paragraph 10 4 a + (a)in England and Wales, to a fine;

schedule 3 paragraph 10 4 b + (b)in Scotland, to a fine not exceeding level 5 on the standard scale;

schedule 3 paragraph 10 4 c + (c)in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Offence of obstructing an authorised inspectorU.K.

schedule 3 paragraph 11 1 + schedule 3 paragraph 11 + schedule 3 paragraph 11 + 11(1)A person commits an offence if the person intentionally obstructs an authorised inspector in the exercise of a power conferred by this Schedule.

schedule 3 paragraph 11 2 + (2)A person who commits an offence under this paragraph is liable on summary conviction—

schedule 3 paragraph 11 2 a + (a)in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

schedule 3 paragraph 11 2 b + (b)in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding level 5 on the standard scale (or both);

schedule 3 paragraph 11 2 c + (c)in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale (or both).

schedule 3 paragraph 11 3 + (3)term the maximum term for summary offences + In sub-paragraph (2)(a) “the maximum term for summary offences” means—

schedule 3 paragraph 11 3 a + (a)if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

schedule 3 paragraph 11 3 b + (b)if the offence is committed after that time, 51 weeks.

Offence of pretending to be an authorised inspectorU.K.

schedule 3 paragraph 12 1 + schedule 3 paragraph 12 + schedule 3 paragraph 12 + 12(1)A person commits an offence if the person, with intent to deceive, falsely pretends to be an authorised inspector.

schedule 3 paragraph 12 2 + (2)A person who commits an offence under this paragraph is liable on summary conviction—

schedule 3 paragraph 12 2 a + (a)in England and Wales, to a fine;

schedule 3 paragraph 12 2 b + (b)in Scotland, to a fine not exceeding level 5 on the standard scale;

schedule 3 paragraph 12 2 c + (c)in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Saving for material subject to legal professional privilegeU.K.

schedule 3 paragraph 13 + schedule 3 paragraph 13 + 13Nothing in this Schedule confers power to—

schedule 3 paragraph 13 a + (a)require any person to provide information, or

schedule 3 paragraph 13 b + (b)copy, photograph, record or seize anything,

in respect of which a claim to legal professional privilege (or in Scotland to confidentiality of communications) could be maintained in legal proceedings.

Powers of entry: Crown applicationU.K.

schedule 3 paragraph 14 1 + schedule 3 paragraph 14 + schedule 3 paragraph 14 + 14(1)Paragraphs 4 to 6 apply in relation to Crown premises that are not occupied by the Crown.

schedule 3 paragraph 14 2 + (2)term crown premises + “Crown premises” means any premises that are property—

schedule 3 paragraph 14 2 a + (a)belonging to His Majesty in right of the Crown or of the Duchy of Lancaster,

schedule 3 paragraph 14 2 b + (b)belonging to the Duchy of Cornwall,

schedule 3 paragraph 14 2 c + (c)belonging to a government department or held in trust for His Majesty for the purposes of a government department, or

schedule 3 paragraph 14 2 d + (d)belonging to an office-holder in the Scottish Administration or held in trust for His Majesty by an office-holder in the Scottish Administration for the purposes of the Scottish Administration.