The Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015

• Citation: S.I. 2015/928
• Sections: 14

Section 1 Citation and commencement

These Regulations may be cited as the Counter-Terrorism and Security Act 2015 (Risk of Being Drawn into Terrorism) (Amendment and Guidance) Regulations 2015.

Section 2 Citation and commencement

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.

Section 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.

Section 4 Enforcement of directions under section 30 in Scotland

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.

Section 5 Freedom of expression in Scottish universities etc

(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

(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;

Section 6 Application of Chapter 2 of Part 5 to Scotland

(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) 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.

Section 7 Amendments to Schedule 6 to the Act (specified authorities)

Schedule 1 amends Schedule 6 to the Act (specified authorities).

Section 8 Amendments to Schedule 7 to the Act (partners of local panels)

Schedule 2 amends Schedule 7 to the Act (partners of local panels).

Section 1

Schedule 6 to the Act is amended in accordance with this Schedule.

Section 2

After the heading “SPECIFIED AUTHORITIES” add—

GENERAL; ENGLAND AND WALES

Section 3

After “The Civil Nuclear Police Authority” add—

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 .

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.

Police

The Scottish Police Authority.

Section 1

Schedule 7 to the Act is amended in accordance with this Schedule.

Section 2

After the heading “PARTNERS OF LOCAL PANELS” add—

GENERAL; ENGLAND AND WALES

Section 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—

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.