| Terrorism Act 2000 (c. 11) | |
| Main body | |
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Proscribed Organisations
Proscription.
— (1) For the purposes of this Act an organisation is proscribed if—(a)
it is listed in Schedule 2, or
(b)
it operates under the same name as an organisation listed in that Schedule.
(a)
add an organisation to Schedule 2;
(b)
remove an organisation from that Schedule;
(c)
amend that Schedule in some other way.
(a)
commits or participates in acts of terrorism,
(b)
prepares for terrorism,
(c)
promotes or encourages terrorism, or
(d)
is otherwise concerned in terrorism.
(a)
include the unlawful glorification of the commission or preparation (whether in the past, in the future or generally) of acts of terrorism; or
(b)
are carried out in a manner that ensures that the organisation is associated with statements containing any such glorification.
(a)
conduct that should be emulated in existing circumstances, or
(b)
conduct that is illustrative of a type of conduct that should be so emulated.
“glorification” includes any form of praise or celebration, and cognate expressions are to be construed accordingly;
“statement” includes a communication without words consisting of sounds or images or both.]
(a)
that an organisation listed in Schedule 2 is operating wholly or partly under a name that is not specified in that Schedule (whether as well as or instead of under the specified name), or
(b)
that an organisation that is operating under a name that is not so specified is otherwise for all practical purposes the same as an organisation so listed,
(a)
the order is in force, and
(b)
the organisation continues to be listed in Schedule 2,
F1 | S. 3(5A)-(5C) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 21 ; S.I. 2006/1013, art. 2 |
F2 | S. 3(6)-(9) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(2) ; S.I. 2006/1013, art. 2 |
4. (2) An application may be made by— (3) The Secretary of State shall make regulations prescribing the procedure for applications under this section. (4) The regulations shall, in particular—
Deproscription: application.
— [F3 (1) An application may be made to the Secretary of State for an order under section 3(3) or (8)—(a)
removing an organisation from Schedule 2, or
(b)
providing for a name to cease to be treated as a name for an organisation listed in that Schedule.]
(a)
the organisation, or
(b)
any person affected by the organisation’s proscription [F4 or by the treatment of the name as a name for the organisation.] .
(a)
require the Secretary of State to determine an application within a specified period of time, and
(b)
require an application to state the grounds on which it is made.
S. 4 wholly in force at 19.2.2001; s. 4 not in force at Royal Assent see s. 128; s. 4(3)(4) in force at 31.10.2000 by S.I. 2000/2944, art. 2(a); s. 4 in force at 19.2.2002 in so far as not already in force by S.I. 2001/421, art. 2 | |
5. (2) Where an application under section 4 has been refused, the applicant may appeal to the Commission. (3) The Commission shall allow an appeal against a refusal to deproscribe an organisation [F5 or to provide for a name to cease to be treated as a name for an organisation] if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review. (4) Where the Commission allows an appeal under this section F6 ... , it may make an order under this subsection. (5) Where an order is made under subsection (4) [F7 in respect of an appeal against a refusal to deproscribe an organisation,] the Secretary of State shall as soon as is reasonably practicable— [F8 (5A) Where an order is made under subsection (4) in respect of an appeal against a refusal to provide for a name to cease to be treated as a name for an organisation, the Secretary of State shall, as soon as is reasonably practicable, make an order under section 3(8) providing that the name in question is to cease to be so treated in relation to that organisation.] (6) Schedule 3 (constitution of the Commission and procedure) shall have effect.
Deproscription: appeal.
— (1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.(a)
lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or
(b)
make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5).
Words in s. 5(3) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(5)(a) ; S.I. 2006/1013, art. 2 | |
Words in s. 5(5) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(5)(c) ; S.I. 2006/1013, art. 2 | |
S. 5 wholly in force at 19.2.2001; s. 5 not in force at Royal Assent see s. 128; s. 5(1) wholly in force and s. 5(6) in force for certain purposes at 31.10.2000 by S.I. 2000/2944, art. 2(b); s. 5 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2 | |
Further appeal.
— (1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to—(a)
the Court of Appeal, if the first appeal was heard in England and Wales,
(b)
the Court of Session, if the first appeal was heard in Scotland, or
(c)
the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.
(a)
of the Commission, or
(b)
where the Commission refuses permission, of the court to which the appeal would be brought.
Appeal: effect on conviction, &c.
— (1) This section applies where—(a)
an appeal under section 5 has been allowed in respect of an organisation,
(b)
an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4)(and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)),
(c)
a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and
(d)
the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.
(a)
an appeal under section 5 has been allowed in respect of a name treated as the name for an organisation,
(b)
an order has been made under section 3(8) in respect of the name in accordance with an order of the Commission under section 5(4),
(c)
a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and
(d)
the activity to which the charge referred took place on or after the date of the refusal, against which the appeal under section 5 was brought, to provide for a name to cease to be treated as a name for the organisation.]
(a)
he may appeal against the conviction to the Court of Appeal, and
(b)
the Court of Appeal shall allow the appeal.
(a)
must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) [F11 or (1A)(b)] comes into force, and
(b)
shall be treated as an appeal under section 1 of the M1 Criminal Appeal Act 1968 (but does not require leave).
(a)
he may appeal against the conviction to the Crown Court, and
(b)
the Crown Court shall allow the appeal.
(a)
whether or not he pleaded guilty,
(b)
whether or not he has already appealed against the conviction, and
(c)
whether or not he has made an application in respect of the conviction under section 111 of the M2 Magistrates’ Courts Act 1980 (case stated).
(a)
must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) [F13 or (1A)(b)] comes into force, and
(b)
(c)
on an appeal under section 7 of the Terrorism Act 2000".
Words in s. 7(2) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(8)(a) ; S.I. 2006/1013, art. 2 | |
Words in s. 7(4)(a) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(8)(b) ; S.I. 2006/1013, art. 2 | |
Words in s. 7(5) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(8)(c) ; S.I. 2006/1013, art. 2 | |
Words in s. 7(7)(a) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(8)(d) ; S.I. 2006/1013, art. 2 | |
1968 c. 19. | |
1980 c. 43. | |
1980 c. 43. | |
1988 c. 33. | |
Section 7: Scotland and Northern Ireland.
— (1) In the application of section 7 to Scotland—(a)
for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary,
(b)
in subsection (2)(b), at the end insert "and quash the conviction",
(c)
in subsection (4)— (i) in paragraph (a), for “28 days” substitute "two weeks", and (ii) in paragraph (b), for “section 1 of the Criminal Appeal Act 1968” substitute "section 106 of the Criminal Procedure (Scotland) Act 1995",
(d)
in subsection (5)— (i) for “by a magistrates’ court” substitute "in summary proceedings", and (ii) in paragraph (b), at the end insert "and quash the conviction",
(e)
in subsection (6), paragraph (c) is omitted, and
(f)
in subsection (7)— (i) in paragraph (a) for “21 days” substitute "two weeks", and (ii) for paragraph (b) substitute—
"(b)
shall be by note of appeal, which shall state the ground of appeal,
(c)
shall not require leave under any provision of Part X of the Criminal Procedure (Scotland) Act 1995, and
(d)
shall be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.".
(a)
(b)
references in subsection (5) to the Crown Court shall be taken as references to the county court,
(c)
Human Rights Act 1998.
— (1) This section applies where rules (within the meaning of section 7 of the M11 Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission.(a)
(b)
section 6,
(c)
section 7, and
(d)
paragraphs 4 to [F15 7] of Schedule 3.
(a)
a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, [ F16 and]
(b)
a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right [F17 , and
(c)
a reference to a refusal to provide for a name to cease to be treated as a name for an organisation shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right].
Words in s. 9(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(9)(a) ; S.I. 2006/1013, art. 2 | |
Words in s. 9(2)(d) substituted (2.10.2000) by 2000 c. 23, s. 82, Sch. 4 para. 12(1) (with s. 82(3)); S.I. 2000/2543, art. 3 | |
S. 9(4)(c) and preceding word inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(9)(b) ; S.I. 2006/1013, art. 2 | |
1998 c. 42. | |
Immunity.
— (1) The following shall not be admissible as evidence in proceedings for an offence under any of sections 11 to 13, 15 to 19 and 56—(a)
evidence of anything done in relation to an application to the Secretary of State under section 4,
(b)
evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the M12 Human Rights Act 1998,
(c)
evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and
(d)
any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).
1998 c. 42. | |
Membership.
— (1) A person commits an offence if he belongs or professes to belong to a proscribed organisation.(a)
that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
(b)
that he has not taken part in the activities of the organisation at any time while it was proscribed.
(a)
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(a)
this Act;
(b)
the M13 Northern Ireland (Emergency Provisions) Act 1996;
(c)
the M14 Northern Ireland (Emergency Provisions) Act 1991;
(d)
the M15 Prevention of Terrorism (Temporary Provisions) Act 1989;
(e)
the M16 Prevention of Terrorism (Temporary Provisions) Act 1984;
(f)
the M17 Northern Ireland (Emergency Provisions) Act 1978;
(g)
the M18 Prevention of Terrorism (Temporary Provisions) Act 1976;
(h)
the M19 Prevention of Terrorism (Temporary Provisions) Act 1974;
(i)
the M20 Northern Ireland (Emergency Provisions) Act 1973.
Support.
— (1) A person commits an offence if—(a)
he invites support for a proscribed organisation, and
(b)
the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).
(a)
to support a proscribed organisation,
(b)
to further the activities of a proscribed organisation, or
(c)
to be addressed by a person who belongs or professes to belong to a proscribed organisation.
(a)
“meeting” means a meeting of three or more persons, whether or not the public are admitted, and
(b)
a meeting is private if the public are not admitted.
(a)
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
(b)
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Uniform.
— (1) A person in a public place commits an offence if he—(a)
wears an item of clothing, or
(b)
wears, carries or displays an article,
(a)
imprisonment for a term not exceeding six months,
(b)
a fine not exceeding level 5 on the standard scale, or
(c)
both.
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| Version no | Start date | End date | Extent | Confers power | Blanket amendment |
|---|---|---|---|---|---|
| > 2 | 19/02/2001 | E+W+S+N.I. | N | N |