Part 1, Chapter 2, Section 10 · Counter-Terrorism and Security Act 2015

Contents

10Offences#

(1)An individual subject to a temporary exclusion order is guilty of an offence if, without reasonable excuse, the individual returns to the United Kingdom in contravention of the restriction on return specified in the order.

(2)It is irrelevant for the purposes of subsection (1) whether or not the individual has a passport or other similar identity document.

(3)An individual subject to an obligation imposed under section 9 is guilty of an offence if, without reasonable excuse, the individual does not comply with the obligation.

(4)In a case where a relevant notice has not actually been given to an individual, the fact that the relevant notice is deemed to have been given to the individual under regulations under section 13 does not (of itself) prevent the individual from showing that lack of knowledge of the temporary exclusion order, or of the obligation imposed under section 9, was a reasonable excuse for the purposes of this section.

(5)An individual guilty of an offence under this section is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;

(b)on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine, or to both;

(c)on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(d)on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

(6)Where an individual is convicted by or before a court of an offence under this section, it is not open to that court to make in respect of the offence—

(a)an order under section 80 of the Sentencing Code (conditional discharge);

(b)an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community pay-back orders); or

(c)an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).

(7)In this section—• “relevant notice” means—(a) notice of the imposition of a temporary exclusion order, or(b) notice under section 9 imposing an obligation;• “restriction on return” means the requirement specified in a temporary exclusion order in accordance with section 2(1).

(8)In section 2 of the UK Borders Act 2007 (detention at ports), in subsection (1A), for “the individual is subject to a warrant for arrest” substitute“the individual— a may be liable to be detained by a constable under section 14 of the Criminal Procedure (Scotland) Act 1995 in respect of an offence under section 10(1) of the Counter-Terrorism and Security Act 2015, orb is subject to a warrant for arrest.”

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 60

Show every defined term

act of terrorism
includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);
air cargo agent
has the meaning given by section 21F(1) of the Aviation Security Act 1982;
appeal proceedings
means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to TEO proceedings;
application
means an application made by an individual to the Secretary of State for a permit to return to be issued;
British passport
means a passport, or other document which enables or facilitates travel from one state to another (except a permit to return), that has been—
condition E
means that condition as set out in section 2;
court
means— (a) in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;
Customs official
means a person who is designated as a general customs official under section 3(1) of the Borders, Citizenship and Immigration Act 2009 or as a customs revenue official under section 11(1) of that Act.
Devolved Welsh authority
has the same meaning as in the Government of Wales Act 2006 (see section 157A of that Act).
explosive
means anything that is— (a) an explosive within the meaning of the Explosives Act 1875, or (b) an explosive substance within the meaning of the Explosive Substances Act 1883. 3 For the purposes of sub-paragraph (1)(b)— a an application for a firearm certificate is an application under section 26A of the Firearms Act 1968 or article 4 of the Firearms (Northern Ireland) Order 2004;
goods
includes property of any description, and containers;
health or social care services
means services relating to health or social care within the meaning given by section 9 of the Health and Social Care Act 2008;
Human Rights Convention
means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).
identified individual
has the meaning given in section 36(2);
imitation firearm
has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));
Immigration officer
means a person who is appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971.
institution in England
means an institution whose activities are carried on, or principally carried on, in England, and includes the Open University;
institution in Scotland
means an institution whose activities are carried on, or principally carried on, in Scotland;
institution in Wales
means an institution whose activities are carried on, or principally carried on, in Wales.
insurance contract
means a contract under which one party accepts significant insurance risk from another party (“the policyholder”) by agreeing to compensate the policyholder if a specified uncertain future event adversely affects the policyholder.”
intelligence service
means— (a) the Security Service, (b) the Secret Intelligence Service, (c) the Government Communications Headquarters, or (d) any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities;
Judicial authority
means—
local authority
means— (a) a county council in England;
monitoring authority
has the meaning given by subsection (4);
offensive weapon
means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);
panel
means a panel of persons in place under the duty imposed by section 36(1);
Passport
means—
permit to return
has the meaning given in section 5;
police purposes
has the same meaning as in section 32. 4 The regulations must— a specify or describe the classes of ships or aircraft to which they apply;
Port
means—
primary legislation
has the same meaning as in section 48.
Qualified officer
means an immigration officer or customs official who is designated by the Secretary of State for the purposes of this Schedule.
qualifying institution
means any of the following— (a) a registered higher education provider, (b) a constituent institution of such a provider, and (c) an institution in Wales or an institution in Scotland which is a qualifying institution for the purposes of section 202 of the Education Reform Act 1988;
registered higher education provider
has the meaning given by section 3(10)(a) of the Higher Education and Research Act 2017.
relevant chief constable
means— (a) (except where paragraph (b) or (c) applies) the chief officer of police under whose direction and control is the constable retaining the document;
relevant further education body
means the governing body or proprietor of an institution in England or Wales that— (a) is subject to the duty imposed by section 26(1), and (b) is subject to that duty because it is an institution at which more than 250 students, excluding students undertaking distance learning courses, are undertaking courses in preparation for examinations related to qualifications regulated by the Office of Qualifications and Examinations, or to qualifications awarded by bodies in respect of the award of which they are recognised by Qualifications Wales under Part 3 of the Qualifications Wales Act 2015;
relevant higher education body
means the governing body or proprietor of an institution in England or Wales that is subject to the duty imposed by section 26(1) because it is— (a) a qualifying institution within the meaning given by section 11 of the Higher Education Act 2004, disregarding paragraphs (da) and (ea) of that section and the definition of “institution” in section 21(1) of that Act, or (b) an institution at which more than 250 students, excluding students undertaking distance learning courses, are undertaking courses of a description mentioned in Schedule 6 to the Education Reform Act 1988 (higher education courses).
relevant individual
means an individual on whom the Secretary of State is proposing to impose, or has imposed, a temporary exclusion order.
relevant notice
means— (a) notice of the imposition of a temporary exclusion order, or (b) notice under section 9 imposing an obligation;
relevant return time
means— (a) the time at which the individual is permitted to arrive on return to the United Kingdom (in a case where the permit to return states such a time), or (b) the start of the period of time during which the individual is permitted to arrive on return to the United Kingdom (in a case where the permit to return states such a period).
restriction on return
means the requirement specified in a temporary exclusion order in accordance with section 2(1).
reviewing officer
means the officer carrying out a review under this paragraph;
rules of court
means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session;
Scottish authority
means a person or body that has any devolved Scottish function.
sea cargo agent
has the meaning given by section 41(1) of the Aviation and Maritime Security Act 1990;
Senior police officer
means a police officer of at least the rank of superintendent.
Sensitive information
means information—
support plan
means a plan prepared by a panel in carrying out its functions mentioned in section 36(4)(a) or (f);
support provider
means a person who provides support under a support plan.
temporary exclusion order
has the meaning given in section 2;
terrorism
has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act).
The 30-day period
means the period of 30 days beginning with the day after the document in question was taken.
The data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).
the need to ensure freedom of speech
means the need to take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the institution in question and for visiting speakers;
the relevant court
means— (a) in relation to TEO proceedings, the court;
the relevant decisions
means the decisions that the following conditions are met—
the relevant persons
means—
the urgent case decisions
means the relevant decisions and the decision that the urgency condition is met.
transit shed
has the meaning given by section 25A of the Customs and Excise Management Act 1979.”
Travel document
means anything that is or appears to be—