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Commons debated statutory instruments on counter-terrorism

10 March 2015

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MPs debated motions to approve statutory instruments relating to immigration, terrorism and civil aviation, in the House of Commons on Tuesday 10 March 2015.

The debate was opened by the Minister for Security and Immigration, James Brokenshire. Shadow Minister for Home Affairs, Mr David Hanson, responded on behalf of the Opposition.

The motions were agreed on question, without a vote.

Draft Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015 

The draft Counter-Terrorism and Security Act 2015 (Authority to Carry Scheme) Regulations 2015 was laid on 2 March 2015 under the affirmative procedure. The instrument must be approved by the House of Commons and House of Lords before it can come into force.

Once approved the instrument will bring into force the Authority to Carry Scheme 2015 (“the Scheme”). The Scheme is intended to prevent or disrupt the exit from, entry to or return to the UK of individuals who pose a terrorism-related threat, or other threat to the UK or its interests and mitigate the threat of an attack on transport operating to the UK (or onward from the UK).

Draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015

The draft Passenger, Crew and Service Information (Civil Penalties) Regulations 2015 were laid on 2 March 2015 under the affirmative procedure. The instrument must be approved by the House of Commons and House of Lords before it can come into force.

Once approved the instrument will create a civil penalty regime whereby the Secretary of State may require a carrier to pay a penalty if the carrier fails to provide an immigration officer or police officer with information about passengers or crew on board a ship or aircraft when required to do so.

Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 (S.I., 2015, No 217) 

The Counter-Terrorism and Security Act 2015 (Code of Practice for Officers exercising functions under Schedule 1) Regulations 2015 (S.I., 2015, No 217) were laid on 12 February 2015 under the affirmative procedure. The instrument must be approved by the House of Commons and House of Lords before it can come into force.

Once approved the instrument will bring into operation a code of practice in relation to the exercise of powers under Schedule 1 to the Counter-Terrorism and Security Act 2015. The power under Schedule 1 to the Counter-Terrorism and Security Act 2015 enables the police to seize and retain a person’s travel documents (including their passport and travel tickets) at a port when there is reasonable suspicion that the person is travelling outside the United Kingdom for the purpose of involvement in terrorism-related activity.

Draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015

The draft Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2015 was laid on 27 February 2015 under the affirmative procedure. The instrument must be approved by the House of Commons and House of Lords before it can come into force.

Once approved the instrument will bring into operation a revised Code of Practice in relation to the exercise of powers under Schedule 7 to the Terrorism Act 2000 (the “2000 Act”). Schedule 7 to the 2000 Act (port and border controls) contains powers which allow “examining officers” to stop and question and, when necessary, detain and search, individuals travelling through ports, airports, international rail stations or the border area to determine whether any such person appears to be someone who is or has been concerned in the commission, preparation or instigation of acts of terrorism. Schedule 7 also contains a power for examining officers to examine goods.

Draft Aviation Security Act 1982 (Civil Penalties) Regulations 2015

The draft Aviation Security Act 1982 (Civil Penalties) Regulations 2015 were laid on 2 March 2015 under the affirmative procedure. The instrument must be approved by the House of Commons and House of Lords before it can come into force.

Once approved the instrument will create a civil penalty scheme and specifies the circumstances under which the Secretary of State may impose a civil penalty and the process that must be followed in doing so. It also sets out the right of carriers to object, and ultimately to appeal, a decision to impose a penalty.

Related Information

Statutory Instruments

Statutory Instruments are a type of delegated legislation. Delegated legislation allows the Government to make changes to a law without needing to push through a completely new Act of Parliament.

The original Act (also known as primary legislation) would have provisions that allow for future delegated legislation to alter the law to differing degrees.

These changes range from the technical, like altering the level of a fine, to fleshing out Acts with greater detail; often an Act contains only a broad framework of its purpose and more complex content is added through delegated legislation.

Watching proceedings from the public gallery

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This article was produced by the Commons Digital Outreach Team. Follow the @HouseofCommons Twitter for updates on the UK House of Commons Chamber.