Statutory Instruments
2015 No. 928
Prevention And Suppression Of Terrorism
The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015
Made
24th March 2015
Coming into force in accordance with regulation 2
These Regulations are made in exercise of the powers conferred by sections 27(1) and (3), 29(5) and 39(1) and (4) of the Counter-Terrorism and Security Act 2015 (“the Act”)( 1 ).
The Secretary of State has consulted in accordance with sections 28(2), 29(4) and 39(3)(a) and (b) of the Act.
In accordance with sections 27(4), 29(5) and 39(5) of the Act, a draft of these Regulations was laid before Parliament and approved by a resolution of each House of Parliament.
Accordingly, the Secretary of State makes the following Regulations:
PART 1 GENERAL
Citation and commencement
1. These Regulations may be cited as the Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015.
2. These Regulations come into force on the day after the day on which they are made, other than regulation 8 which comes into force on 12th April 2015.
PART 2 GUIDANCE UNDER SECTION 29(1) OF THE ACT
3. The “Prevent duty guidance (England and Wales)” and the “Prevent duty guidance (Scotland)” issued by the Secretary of State on 12th March 2015 under section 29(1) and (3)(b) of the Act take effect on the day on which this regulation comes into force.
PART 3 AMENDMENTS TO PART 5 OF THE ACT
Enforcement of directions under section 30 in Scotland
4. In section 30 of the Act, for subsection (2) substitute—
“ (2) A direction given under this section may be enforced—
(a) in England and Wales, on an application made on behalf of the Secretary of State, by a mandatory order,
(b) in Scotland, on an application made on behalf of the Secretary of State to the Court of Session, by an order of specific implement. ”
Freedom of expression in Scottish universities etc
5. —(1) Section 31 of the Act is amended in accordance with this regulation.
(2) In subsection (1), omit “or” at the end of paragraph (a) and after “(higher education courses)” in paragraph (b) add—
“ , or
(c) a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005 ( 2 ) ” .
(3) In subsection (2), after paragraph (a) add—
“ (aa) must have particular regard to the need to ensure freedom of speech, if it is the proprietor or governing body of an institution mentioned in subsection (1)(c); ” .
(4) In subsection (3), after paragraph (a) add—
“ (aa) must have particular regard to the need to ensure freedom of speech, in the case of authorities that are proprietors or governing bodies of institutions mentioned in subsection (1)(c); ” .
(5) In subsection (4), after paragraph (a) add—
“ (aa) must have particular regard to the need to ensure freedom of speech, in the case of an authority that is the proprietor or governing body of an institution mentioned in subsection (1)(c); ” .
(6) In subsection (5), after the definition of “the duty to ensure freedom of speech” add—
“ “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; ” .
Application of Chapter 2 of Part 5 to Scotland
6. —(1) Section 41 of the Act is amended in accordance with this regulation.
(2) In subsection (1), in the definition of “local authority”, after paragraph (f) add—
“ (g) a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ( 3 ) ; ” .
(3) After subsection (3) add—
“ (4) References in this Chapter to a chief officer of police are to be read as including references to the chief constable of the Police Service of Scotland. ” .
PART 4 AMENDMENTS TO SCHEDULES 6 AND 7 TO THE ACT
Amendments to Schedule 6 to the Act (specified authorities)
7. Schedule 1 amends Schedule 6 to the Act (specified authorities).
Amendments to Schedule 7 to the Act (partners of local panels)
8. Schedule 2 amends Schedule 7 to the Act (partners of local panels).
James Brokenshire
Minister of State
Home Office
24th March 2015
Regulation 7
SCHEDULE 1 Amendments to Schedule 6 to the Act (specified authorities)
1. Schedule 6 to the Act is amended in accordance with this Schedule.
2. After the heading “SPECIFIED AUTHORITIES” add—
“ PART 1
GENERAL; ENGLAND AND WALES ”
3. After “The Civil Nuclear Police Authority” add—
“ PART 2 SCOTLAND
Local government
A council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
Criminal justice
The governor of a prison in Scotland (or, in the case of a contracted out prison, its director).
The governor of a young offenders institution (or, in the case of a contracted out young offenders institution, its director).
Education, child care etc
The proprietor or governing body of an independent school within the meaning given by section 135(1) of the Education (Scotland) Act 1980 ( 4 ) .
The proprietor or governing body of a grant-aided school within the meaning given by that section.
The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005.
Health and social care
A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 ( 5 ) .
A Special Health Board constituted under section 2(1)(b) of that Act.
Healthcare Improvement Scotland.
Police
The Scottish Police Authority. ” .
Regulation 8
SCHEDULE 2 Amendments to Schedule 7 to the Act (partners of local panels)
1. Schedule 7 to the Act is amended in accordance with this Schedule.
2. After the heading “PARTNERS OF LOCAL PANELS” add—
“ PART 1
GENERAL; ENGLAND AND WALES ”
3. After “A chief officer of police for a police area in England and Wales (other than a chief officer who is a member of the panel in question).” add—
“ PART 2 SCOTLAND
Criminal justice
The governor of a prison in Scotland (or, in the case of a contracted out prison, its director).
The governor of a young offenders institution (or, in the case of a contracted out young offenders institution, its director).
Education, child care etc
The proprietor or governing body of an independent school within the meaning given by section 135(1) of the Education (Scotland) Act 1980.
The proprietor or governing body of a grant-aided school within the meaning given by that section.
The proprietor or governing body of a post-16 education body within the meaning of the Further and Higher Education (Scotland) Act 2005.
Health and social care
A Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978.
A Special Health Board constituted under section 2(1)(b) of that Act.
Healthcare Improvement Scotland. ” .
2015 c.6 .
2005 asp 6 , amended by the Post-16 Education (Scotland) Act 2013, asp 12.
1994 c. 39 , amended by the Environment Act 1995, c. 25 ; there are other amending enactments but none is relevant.
1980 c. 44 , amended by the Self-Governing Schools etc. (Scotland) Act 1989, c. 39 ; there are other amending enactments but none is relevant.
1978 c. 29 ; relevant amending enactments are the National Health Service and Community Care Act 1990, c. 19; the Health and Social Services and Social Security Adjudications Act 1983, c. 41 ; the Smoking, Health and Social Care (Scotland) Act 2005, asp 13 ; and the National Health Service Reform (Scotland) Act 2004, asp 7 .