A. AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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(d) creates a serious risk to the health or safety of the public or a section of the
public; or
(e) is designed seriously to interfere with or seriously to disrupt an electronic
system.
(3) The use or threat of action falling within subsection (2) which involves the use
of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
(4) In this section –
(a) ’action’ includes action outside the United Kingdom;
(b) a reference to any person or to property is a reference to any person, or to
property, wherever situated;
(c) a reference to the public includes a reference to the public of a country other
than the United Kingdom; and
(d) ’the government’ means the government of the United Kingdom, of a part of the
United Kingdom or of a country other than the United Kingdom.
(5) In this Act a reference to action taken for the purposes of terrorism includes a
reference to action taken for the benefit of a proscribed organisation.”
For the purposes of the Act, an organisation was “proscribed” if:
“3.(1) ...
(a) it is listed in Schedule 2; or
(b) it operates under the same name as an organisation listed in that Schedule.
(2) Subsection (1)(b) shall not apply in relation to an organisation listed in
Schedule 2 if its entry is the subject of a note in that Schedule.
(3) The Secretary of State may by order –
(a) add an organisation to Schedule 2;
(b) remove an organisation from that Schedule;
(c) amend that Schedule in some other way.
(4) The Secretary of State may exercise his power under subsection (3)(a) in respect
of an organisation only if he believes that it is concerned in terrorism.
(5) For the purposes of subsection (4) an organisation is concerned in terrorism if
it –
(a) commits or participates in acts of terrorism;
(b) prepares for terrorism;