Draft Order laid before Parliament under section 29(3) of the Anti-terrorism, Crime and Security Act 2001, for approval by resolution of each House of Parliament.

2005 No.

prevention and supression of terrorism

Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2005

Made

Coming into force

Whereas a draft of this Order has been laid before Parliament in accordance with section 29(3) of the Anti-terrorism, Crime and Security Act 20011 and has been approved by a resolution of each House of Parliament:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by section 29(2)(c) of that Act, hereby makes the following Order:

Citation and commencement1

This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2005 and shall come into force on 14th March 2005.

Continuance in force of sections 21 to 23 of the Anti-terrorism, Crime and Security Act 20012

Sections 21 to 232 of the Anti-terrorism, Crime and Security Act 2001 shall not expire in accordance with the Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 20043 but shall continue in force for a period of 9 months beginning with 14th March 2005.

Home Office

One of Her Majesty’s Principal Secretaries of State
EXPLANATORY NOTE

(This note is not part of the Order)

This Order continues in force for a period of 9 months, beginning with 14th March 2005, sections 21 to 23 of the Anti-terrorism, Crime and Security Act 2001, which would otherwise expire at the end of 13th March 2005 in accordance with the Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2004 (S.I. 2004/751) made under section 29(2)(c) of that Act.

These provisions enable a person in respect of whom the Secretary of State issues a certificate under section 21 (a “suspected international terrorist”) to be detained under the Immigration Act 1971 despite the fact that the person’s removal from the United Kingdom is prevented by a point of law relating to an international agreement or a practical consideration.