Page:Terrorism Act 2006.pdf/24

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(a) that an organisation listed in Schedule 2 is operating wholly or partly under a name that is not specified in that Schedule (whether as well as or instead of under the specified name), or

(b) that an organisation that is operating under a name that is not so specified is otherwise for all practical purposes the same as an organisation so listed,

he may, by order, provide that the name that is not specified in that Schedule is to be treated as another name for the listed organisation.

(7) Where an order under subsection (6) provides for a name to be treated as another name for an organisation, this Act shall have effect in relation to acts occurring while—

(a) the order is in force, and

(b) the organisation continues to be listed in Schedule 2,

as if the organisation were listed in that Schedule under the other name, as well as under the name specified in the Schedule.

(8) The Secretary of State may at any time by order revoke an order under subsection (6) or otherwise provide for a name specified in such an order to cease to be treated as a name for a particular organisation.

(9) Nothing in subsections (6) to (8) prevents any liability from being established in any proceedings by proof that an organisation is the same as an organisation listed in Schedule 2, even though it is or was operating under a name specified neither in Schedule 2 nor in an order under subsection (6).”

(3) For subsection (1) of section 4 (applications for deproscription) substitute—

“(1) An application may be made to the Secretary of State for an order under section 3(3) or (8)—

(a) removing an organisation from Schedule 2, or

(b) providing for a name to cease to be treated as a name for an organisation listed in that Schedule.”

(4) In subsection (2)(b) of that section (applications may be made by persons affected by the organisation’s proscription), after “proscription” insert “or by the treatment of the name as a name for the organisation.”

(5) In section 5 (appeals against refusals to deproscribe)—

(a) in subsection (3), after “an organisation” insert “or to provide for a name to cease to be treated as a name for an organisation”;

(b) in subsection (4), omit “by or in respect of an organisation”;

(c) in subsection (5), after “subsection (4)” insert “in respect of an appeal against a refusal to deproscribe an organisation,”.

(6) After subsection (5) of that section insert—

“(5A) Where an order is made under subsection (4) in respect of an appeal against a refusal to provide for a name to cease to be treated as a name for an organisation, the Secretary of State shall, as soon as is reasonably practicable, make an order under section 3(8) providing that the name in question is to cease to be so treated in relation to that organisation.”

(7) In section 7 (effect on conviction etc. of successful appeal), after subsection (1)