- Latest available (Revised)
- Original (As enacted)
Counter-Terrorism and Security Act 2015, SCHEDULE 2 is up to date with all changes known to be in force on or before 02 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Section 3
Modifications etc. (not altering text)
C1Sch. 2 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Counter-Terrorism and Security (Jersey) Order 2017 (S.I. 2017/982), art. 2(d), Sch. 4
1U.K.This Schedule applies if the Secretary of State—
(a)makes the urgent case decisions in relation to an individual, and
(b)imposes a temporary exclusion order on the individual.
2U.K.The temporary exclusion order must include a statement that the Secretary of State reasonably considers that the urgency of the case requires the order to be imposed without obtaining the permission of the court under section 3.
3(1)Immediately after giving notice of the imposition of the temporary exclusion order, the Secretary of State must refer to the court the imposition of the order on the individual.U.K.
(2)The function of the court on the reference is to consider whether the urgent case decisions were obviously flawed.
(3)The court's consideration of the reference must begin within the period of 7 days beginning with the day on which notice of the imposition of the temporary exclusion order is given to the individual.
(4)The court may consider the reference—
(a)in the absence of the individual,
(b)without the individual having been notified of the reference, and
(c)without the individual having been given an opportunity (if the individual was aware of the reference) of making any representations to the court.
(5)But that does not limit the matters about which rules of court may be made.
4(1)In a case where the court determines that any of the relevant decisions of the Secretary of State is obviously flawed, the court must quash the temporary exclusion order.U.K.
(2)If sub-paragraph (1) does not apply, the court must confirm the temporary exclusion order.
(3)If the court determines that the decision of the Secretary of State that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the temporary exclusion order under the preceding provisions of this paragraph).
5(1)In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review.U.K.
(2)The court must ensure that the individual is notified of the court's decision on a reference under paragraph 3.
6(1)References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 2(7)(b) (urgency of the case requires a temporary exclusion order to be imposed without obtaining the permission of the court).U.K.
(2)In this Schedule “the urgent case decisions” means the relevant decisions and the decision that the urgency condition is met.
(3)In this Schedule “the relevant decisions” means the decisions that the following conditions are met—
(a)condition A;
(b)condition B;
(c)condition C;
(d)condition D.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: