- Latest available (Revised)
- Point in Time (11/03/2010)
- Original (As enacted)
Version Superseded: 11/03/2011
Point in time view as at 11/03/2010. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Prevention of Terrorism Act 2005 (repealed), Section 6.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A derogating control order has effect at a time only if—
(a)the relevant derogation remains in force at that time; and
(b)that time is not more than 12 months after—
(i)the making of the order under section 14(1) of the Human Rights Act 1998 (c. 42) designating that derogation; or
(ii)the making by the Secretary of State of an order declaring that it continues to be necessary for him to have power to impose derogating obligations by reference to that derogation.
(2)The power of the Secretary of State to make an order containing a declaration for the purposes of subsection (1)(b)(ii) is exercisable by statutory instrument.
(3)No order may be made by the Secretary of State containing such a declaration unless a draft of it has been laid before Parliament and approved by a resolution of each House.
(4)Subsection (3) does not apply to an order that contains a statement by the Secretary of State that the order needs, by reason of urgency, to be made without the approval required by that subsection.
(5)An order under this section that contains such a statement—
(a)must be laid before Parliament after being made; and
(b)if not approved by a resolution of each House before the end of 40 days beginning with the day on which the order was made, ceases to have effect at the end of that period.
(6)Where an order ceases to have effect in accordance with subsection (5), that does not—
(a)affect anything previously done in reliance on the order; or
(b)prevent the Secretary of State from exercising any power of his to make a new order for the purposes of subsection (1)(b)(ii) to the same or similar effect.
(7)In this section—
“40 days” means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946 (c. 36);
“the relevant derogation”, in relation to a derogating control order, means the designated derogation by reference to which the derogating obligations imposed by that order were imposed.
Modifications etc. (not altering text)
C1Ss. 1-9 continued (temp.) (11.3.2006) by Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2006 (S.I. 2006/512), arts. 1, 2
C2Ss. 1-9 continued (temp.) (11.3.2007) by Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2007 (S.I. 2007/706), arts. 1, 2
C3Ss. 1-9 continued (temp.) (11.3.2008) by Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2008 (S.I. 2008/559), arts. 1, 2
C4Ss. 1-9 continued (temp.) (11.3.2009) by Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009 (S.I. 2009/554), arts. 1, 2
C5Ss. 1-9 continued (temp.) (11.3.2010) by Prevention of Terrorism Act 2005 (Continuance in Force of Sections 1 to 9) Order 2010 (S.I. 2010/645), arts. 1, 2
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: