“Offences relating to designated bodies

17A Supporting a designated body

(1)

A person commits an offence if the person—

(a)

invites support for, or expresses an opinion or belief that is
supportive of, a designated body, and

(b)

does so for a prohibited purpose.

(2)

A person commits an offence if the person—

(a)

arranges, manages or assists in arranging, or managing, a
meeting which the person knows is—

(i)

to support a designated body,

(ii)

to further the activities of a designated body, or

(iii)

to be addressed by a person who belongs or claims to
belong to a designated body, and

(b)

does so for a prohibited purpose.

(3)

A person commits an offence if the person—

(a)

addresses a meeting which the person knows is—

(i)

to support a designated body, or

(ii)

to further the activities of a designated body, and

(b)

does so for a prohibited purpose.

(4)

A “prohibited purpose” means a purpose that the person knows, or
having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom.

(5)

Subsections (1) to (3) apply to conduct outside the United Kingdom,
but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—

(a)

is a UK person, or

(b)

acts for or on behalf of, or holds office under, the Crown, or
is in Crown employment (whether or not they engage in the conduct in that capacity).

(6)

In proceedings for an offence under subsection (2) (a) (iii) in respect of
a private meeting it is a defence to show that the person had no reasonable cause to believe that the address mentioned in subsection
(2) (a) (iii) would support a designated body or further its activities.

(7)

A person is taken to have shown a matter mentioned in subsection
(6) if—

(a)

sufficient evidence of the matter is adduced to raise an issue
with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).

(9)

In this section “meeting” means a meeting of three or more persons,
whether or not the public are admitted; and a meeting is private if the public are not admitted.

(10)

The following terms have the same meaning as in section 3—

“
Crown employment”;

“
UK person”.

17B Assisting a designated body

(1)

A person commits an offence if the person—

(a)

engages in conduct of any kind, and

(b)

intends that conduct to materially assist a designated body in
carrying out UK-related activities.

(2)

A person commits an offence if the person—

(a)

engages in conduct that is likely to materially assist a
designated body in carrying out UK-related activities, and

(b)

knows, or having regard to other matters known to them ought
reasonably to know, that their conduct is likely to materially assist a designated body in carrying out UK-related activities.

(3)

Conduct that may be likely to materially assist a designated body
includes providing, or providing access to, information, goods, services or financial benefits (whether directly or indirectly).

(4)

“UK-related activities” means—

(a)

activities taking place in the United Kingdom;

(b)

activities taking place outside the United Kingdom which are
prejudicial to the safety or interests of the United Kingdom.

(5)

Subsections (1) and (2) apply to conduct outside the United Kingdom,
but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—

(a)

is a UK person, or

(b)

acts for or on behalf of, or holds office under, the Crown, or
is in Crown employment (whether or not they engage in the conduct in that capacity).

(6)

In proceedings for an offence under this section it is a defence to show
that the person engaged in the conduct in question—

(a)

in compliance with a legal obligation under the law of the
United Kingdom which is not a legal obligation under private law,

(b)

in the case of a person having functions of a public nature
under the law of the United Kingdom, for the purposes of those functions,

(c)

as a lawyer carrying on a legal activity,

(d)

in accordance with, or in relation to UK-related activities carried
out in accordance with, an agreement or arrangement to which—

(i)

the United Kingdom was a party, or

(ii)

any person acting for or on behalf of, or holding office
under, the Crown was (in that capacity) a party, or

(e)

for the purpose of carrying out humanitarian activities.

(7)

A person is taken to have shown a matter mentioned in subsection
(6) if—

(a)

sufficient evidence of the matter is adduced to raise an issue
with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

For the purposes of subsection (6) (e) , the reference to the carrying out
of humanitarian activities does not include the carrying out of humanitarian activities in contravention of internationally recognised principles and standards applicable to the carrying out of humanitarian activities.

(9)

A person who commits an offence under this section is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).

(10)

The following terms have the same meaning as in section 3—

“
Crown employment”;

“
financial benefit”;

the “law of the United Kingdom”;

“
lawyer”;

“
legal activity”;

“
UK person”.

17C Obtaining etc material benefits from a designated body

(1)

A person commits an offence if—

(a)

the person—

(i)

obtains, accepts or retains a material benefit which is
not an excluded benefit, or

(ii)

obtains or accepts the provision of such a benefit to
another person,

(b)

the benefit is or was provided by or on behalf of a designated
body, and

(c)

the person knows, or having regard to other matters known
to them ought reasonably to know, that the benefit is or was provided by or on behalf of a designated body.

(2)

A person commits an offence if—

(a)

the person agrees to accept—

(i)

a material benefit which is not an excluded benefit, or

(ii)

the provision of such a benefit to another person,

(b)

the benefit is to be provided by or on behalf of a designated
body, and

(c)

the person knows, or having regard to other matters known
to them ought reasonably to know, that the benefit is to be provided by or on behalf of a designated body.

(3)

Material benefits may include financial benefits, anything which has
the potential to result in a financial benefit, and information.

(4)

A material benefit is an excluded benefit if—

(a)

it is provided as reasonable consideration for the provision of
goods or services, and

(b)

the provision of those goods or services does not constitute an
offence.

(5)

A benefit may be provided by or on behalf of a designated body
directly or indirectly (for example, it may be provided indirectly through one or more companies).

(6)

Subsections (1) and (2) apply to conduct outside the United Kingdom,
but apply to conduct taking place wholly outside the United Kingdom only if—

(a)

the material benefit is or was, or is to be, provided in or from
the United Kingdom, or

(b)

in any case, the person engaging in the conduct—

(i)

is a UK person, or

(ii)

acts for or on behalf of, or holds office under, the
Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).

(7)

In proceedings for an offence under subsection (1) by virtue of
retaining a benefit, it is a defence to show that the person had a reasonable excuse for retaining the benefit.

(8)

In proceedings for an offence under subsection (1) or (2) where—

(a)

the benefit consists of, or includes, information, and

(b)

the conduct in question relates to that information,

it is a defence to show that the person had a reasonable excuse for that conduct.

(9)

In proceedings for an offence under subsection (1) or (2) it is a defence
to show that the person engaged in the conduct in question—

(a)

in compliance with a legal obligation under the law of the
United Kingdom which is not a legal obligation under private law,

(b)

in the case of a person having functions of a public nature
under the law of the United Kingdom, for the purposes of those functions,

(c)

in accordance with an agreement or arrangement to which—

(i)

the United Kingdom was a party, or

(ii)

any person acting for or on behalf of, or holding office
under, the Crown was (in that capacity) a party, or

(d)

for the purpose of carrying out humanitarian activities.

(10)

A person is taken to have shown a matter mentioned in subsection (7) , (8) or (9) if—

(a)

sufficient evidence of the matter is adduced to raise an issue
with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(11)

For the purposes of subsection (9) (d) , the reference to the carrying out
of humanitarian activities does not include the carrying out of humanitarian activities in contravention of internationally recognised principles and standards applicable to the carrying out of humanitarian activities.

(12)

A person who commits an offence under subsection (1) is liable on
conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).

(13)

A person who commits an offence under subsection (2) is liable on
conviction on indictment to imprisonment for a term not exceeding 10 years or a fine (or both).

(14)

The following terms have the same meaning as in section 3—

“
Crown employment”;

“
financial benefit”;

the “law of the United Kingdom”;

“
UK person”.”.

“Removal of designation

33C Removal of designation: application

(1)

An application may be made to the Secretary of State to exercise the
power in section 33A to—

(a)

remove the designation of a body, or

(b)

remove an alternative name included in the designation of a
body.

(2)

An application may be made by—

(a)

the designated body, or

(b)

any person affected by the designation.

(3)

The Secretary of State may by regulations make provision about the
procedure for applications under this section.

(4)

The regulations may—

(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.

33D Removal of designation: appeal

(1)

Where an application under section 33C is refused, the applicant may
appeal to the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000 (referred to in this Part as “the Commission”).

(2)

The Commission must allow an appeal against a refusal to remove
the designation of a body or to remove an alternative name included in the designation of a body 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.

(3)

Where the Commission allows an appeal under this section, it must
make an order under this subsection.

(4)

Where an order is made under subsection (3) in respect of an appeal
against a refusal to remove the designation of a body, the Secretary of State must as soon as is reasonably practicable—

(a)

lay before Parliament, in accordance with section 96(6), draft
regulations under section 33A removing the designation of the body, or

(b)

make regulations under that section removing the designation
of the body in accordance with section 96(6A).

(5)

Where an order is made under subsection (3) in respect of an appeal
against a refusal to remove an alternative name from a designation of a body, the Secretary of State must, as soon as is reasonably practicable—

(a)

lay before Parliament, in accordance with section 96(6), draft
regulations under section 33A removing the alternative name from the designation, or

(b)

make regulations under that section removing the alternative
name from the designation in accordance with section 96(6A).

33E Further appeal

(1)

A party to an appeal under section 33D which the 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.

(2)

An appeal under subsection (1) may be brought only with the
permission—

(a)

of the Commission, or

(b)

where the Commission refuses permission, of the court to which
the appeal would be brought.

(3)

An order under section 33D (3) may not require the Secretary of State
to take any action until the final determination or disposal of an appeal under this section (including any appeal to the Supreme Court).

33F Appeal: effect on conviction etc.

(1)

This section applies where—

(a)

an appeal under section 33D has been allowed in respect of a
body,

(b)

regulations have been made under section 33A in respect of
the body in accordance with an order of the Commission under section 33D (3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),

(c)

a person has been convicted of an offence in respect of the
body under—

(i)

any of sections 17A to 17C , or

(ii)

any of sections 1, 2, 12, 13, 16 or 18 where the
designated body condition was met, and

(d)

the conduct to which the charge referred took place on or after
the date of the refusal to remove a designation against which the appeal under section 33D was brought.

(2)

This section also applies where—

(a)

an appeal under section 33D has been allowed in respect of an
alternative name included in the designation of a body,

(b)

regulations have been made under section 33A in respect of
the alternative name in accordance with an order of the Commission under section 33D (3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),

(c)

a person has been convicted of an offence in respect of the
body under—

(i)

any of sections 17A to 17C , or

(ii)

any of sections 1, 2, 12, 13, 16 or 18 where the
designated body condition was met, and

(d)

the conduct to which the charge referred took place on or after
the date of the refusal, against which the appeal under section
33D was brought, to remove an alternative name from a designation of a body.

(3)

A person mentioned in subsection (1) (c) or (2) (c) may appeal against
the conviction.

(4)

An appeal under subsection (3) is to be made—

(a)

in the case of a conviction in England and Wales or Northern
Ireland, to the Court of Appeal;

(b)

in the case of a conviction in Scotland, to the High Court of
Justiciary.

(5)

On an appeal under subsection (3) to any court, that court must allow
the appeal and quash the conviction.

(6)

An appeal under subsection (3) to the Court of Appeal against a
conviction—

(a)

may be brought irrespective of whether the person has
previously appealed against the conviction;

(b)

must be brought within the period of 28 days beginning with
the relevant date;

(c)

is to be treated as an appeal under section 1 of the Criminal
Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case.

(7)

An appeal under subsection (3) to the High Court of Justiciary against
a conviction—

(a)

may be brought irrespective of whether the person has
previously appealed against the conviction;

(b)

must be brought within the period of two weeks beginning
with the relevant date;

(c)

is to be treated as an appeal under section 106 of the Criminal
Procedure (Scotland) Act 1995 for which leave has been granted.

(8)

In this section “the relevant date” means—

(a)

the date on which the regulations mentioned in subsection
(1) (b) or (2) (b) come into force, or

(b)

where the regulations are made in reliance on section 96(6A),
the date on which they are approved by the second House of Parliament to approve them.

33G Proceedings under the Human Rights Act 1998

The Commission is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings which call into question a decision made by the Secretary of State in relation to an application made under section 33C .

33H Immunity

(1)

The following are not admissible as evidence in proceedings for an
offence under any of sections 17A to 17C , or under any of sections 1, 2, 12, 13, 16 or 18 where the condition to be met is the designated body condition—

(a)

evidence of anything done in relation to an application to the
Secretary of State under section 33C ,

(b)

evidence of anything done in relation to proceedings before
the Commission under section 33D or section 7(1) of the Human Rights Act 1998,

(c)

evidence of anything done in relation to proceedings under section 33E , and

(d)

any document submitted for the purposes of proceedings
mentioned in any of paragraphs (a) to (c).

(2)

But subsection (1) does not prevent evidence from being adduced by,
or on behalf of, the defendant (or, in Scotland, the accused person).”