The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021

Statutory Instruments

2021 No. 1386

Prevention And Suppression Of Terrorism

The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021

Made

7th December 2021

Coming into force

13th December 2021

The Secretary of State, in exercise of the power conferred by section 21(2)(c) of the Terrorism Prevention and Investigation Measures Act 2011(1), makes the following Order.

The Secretary of State has consulted in accordance with section 21(3) of that Act.

In accordance with section 21(4) of that Act, a draft of this Order was laid before Parliament and approved by resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021 and comes into force on 13th December 2021.

(2) This Order extends to England and Wales, Scotland and Northern Ireland.

Continuation of TPIM powers

2.  The Secretary of State’s TPIM powers are not to expire at the time when they would otherwise expire in accordance with section 21(1) of the Terrorism Prevention and Investigation Measures Act 2011 or in accordance with the Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2016(2) but are to continue in force until the end of 13th December 2026.

Damian Hinds

Minister of State

Home Office

7th December 2021

EXPLANATORY NOTE

(This note is not part of the Order)

The Terrorism Prevention and Investigation Measures Act 2011 (c. 23) (“the Act”) provides the Secretary of State with the power to impose certain measures on an individual where the conditions in section 3 of the Act are met. These conditions include that the Secretary of State reasonably believes that the individual is, or has been, involved in terrorism-related activity; and where she reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to impose the measures on the individual. Such measures are imposed by means of a “TPIM notice”. In addition to the power to impose a TPIM notice, the Secretary of State has powers to extend and vary a TPIM notice that is in force and power to revive a TPIM notice that has expired. Section 21(1) of the Act provides that these TPIM powers are to expire at the end of the period of five years beginning on the date the Act was passed (14th December 2011). However, section 21(2)(c) contains a power for the Secretary of State to provide that the TPIM powers will not expire in accordance with subsection (1) but may continue for a period of up to five years. The Terrorism Prevention and Investigations Measures Act 2011 (Continuation) Order 2016 (S.I. 2016/1166) continued the Secretary of State’s TPIM powers until the end of 13th December 2021. This Order provides that the TPIM powers will continue for a further five years.

A full impact assessment has not been produced for this instrument as no impact on the private, voluntary or public sectors is foreseen.

(1)

2011 c. 23; relevant amendments were made by Part 2 of the Counter-Terrorism and Security Act 2015 (c. 6), by section 271(1) of, and paragraph 95 of Schedule 10 to, the Investigatory Powers Act 2016 (c. 25), and by Part 3 of the Counter-Terrorism and Sentencing Act 2021 (c. 11).

(2)

S.I. 2016/1166.