Terrorism Prevention and Investigation Measures Act 2011

2011 CHAPTER 23

An Act to abolish control orders and make provision for the imposition of terrorism prevention and investigation measures.

[14th December 2011]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

New regime to protect the public from terrorism U.K.

1 Abolition of control orders U.K.

The Prevention of Terrorism Act 2005 (which gives powers to impose control orders) is repealed.

2 Imposition of terrorism prevention and investigation measures U.K.

(1) The Secretary of State may by notice (a “TPIM notice”) impose specified terrorism prevention and investigation measures on an individual if conditions A to E in section 3 are met.

(2) In this Act “terrorism prevention and investigation measures” means requirements, restrictions and other provision which may be made in relation to an individual by virtue of Schedule 1 (terrorism prevention and investigation measures).

(3) In this section and Part 1 of Schedule 1 “specified” means specified in the TPIM notice.

[F1 (4) The Secretary of State must publish factors that he or she considers are appropriate to take into account when deciding whether to impose restrictions on an individual by virtue of paragraph 2 of Schedule 1 (travel measure).]

Textual Amendments

F1 S. 2(4) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 17(2), 52(5)

3 Conditions A to E U.K.

(1) Condition A is that the Secretary of State [F2 is satisfied, on the balance of probabilities, ] that the individual is, or has been, involved in terrorism-related activity (the “relevant activity”).

(2) Condition B is that some or all of the relevant activity is new terrorism-related activity.

(3) Condition C is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for terrorism prevention and investigation measures to be imposed on the individual.

(4) Condition D is that the Secretary of State reasonably considers that it is necessary, for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity, for the specified terrorism prevention and investigation measures to be imposed on the individual.

(5) Condition E is that—

(a) the court gives the Secretary of State permission under section 6, or

(b) the Secretary of State reasonably considers that the urgency of the case requires terrorism prevention and investigation measures to be imposed without obtaining such permission.

(6) In this section “new terrorism-related activity” means—

(a) if no TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring at any time (whether before or after the coming into force of this Act);

(b) if only one TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring after that notice came into force; or

(c) if two or more TPIM notices relating to the individual have been in force, terrorism-related activity occurring after such a notice came into force most recently.

Textual Amendments

F2 Words in s. 3(1) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 20(1), 52(5)

4 Involvement in terrorism-related activity U.K.

(1) For the purposes of this Act, involvement in terrorism-related activity is any one or more of the following—

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct which facilitates the commission, preparation or instigation of such acts, or which is intended to do so;

(c) conduct which gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so;

(d) conduct which gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within [F3 paragraph (a)];

and for the purposes of this Act it is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general.

(2) For the purposes of this Act, it is immaterial whether an individual's involvement in terrorism-related activity occurs before or after the coming into force of this Act.

Textual Amendments

F3 Words in s. 4(1) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 20(2), 52(5)

Two year limit on imposition of measures without new terrorism-related activity U.K.

5 Two year limit for TPIM notices U.K.

(1) A TPIM notice—

(a) comes into force when the notice is served on the individual or, if later, at the time specified for this purpose in the notice; and

(b) is in force for the period of one year.

(2) The Secretary of State may by notice extend a TPIM notice for a period of one year beginning when the TPIM notice would otherwise expire.

(3) A TPIM notice—

(a) may be extended under subsection (2) only if conditions A, C and D are met; and

(b) may be so extended on only one occasion.

(4) This section is subject, in particular, to sections 13 (revocation and revival of TPIM notices) and 14 (replacement of TPIM notice that is quashed etc).

Court scrutiny of imposition of measures U.K.

6 Prior permission of the court U.K.

(1) This section applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) makes an application to the court for permission to impose measures on the individual.

(2) The application must set out a draft of the proposed TPIM notice.

(3) The function of the court on the application is—

(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and

(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).

(4) The court may consider the application—

(a) in the absence of the individual;

(b) without the individual having been notified of the application; and

(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.

(5) But that does not limit the matters about which rules of court may be made.

(6) In determining the application, the court must apply the principles applicable on an application for judicial review.

(7) In a case where the court determines that a decision of the Secretary of State that condition A, condition B, or condition C is met is obviously flawed, the court may not give permission under this section.

(8) In any other case, the court may give permission under this section.

(9) If the court determines that the Secretary of State's decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8)) give directions to the Secretary of State in relation to the measures to be imposed on the individual.

(10) In this section “relevant decisions” means the decisions that the following conditions are met—

(a) condition A;

(b) condition B;

(c) condition C; and

(d) condition D.

7 Urgent cases: reference to the court etc U.K.

Schedule 2 (urgent cases: reference to the court etc) has effect.

8 Directions hearing U.K.

(1) This section applies if the court—

(a) gives permission under section 6 for measures to be imposed on an individual, or

(b) confirms under paragraph 4(3) of Schedule 2 (whether or not subject to paragraph 4(2) of that Schedule) a TPIM notice which imposes measures on an individual.

(2) The court must, at the hearing where it gives the permission or confirms the notice, give directions for a further hearing (a “directions hearing”)—

(a) which, unless the court otherwise directs (whether in those directions or subsequently), is to be held within the period of 7 days beginning with the relevant day, and

(b) which the individual is to have the opportunity to attend.

(3) In a case where this section applies because the court gives permission under section 6, directions given under subsection (2) may not be served on the individual unless the TPIM notice has been served on that individual.

(4) At the directions hearing, the court must give directions for a further hearing (a “review hearing”) in relation to the imposition of measures on the individual.

(5) Directions under subsection (4) must provide for the review hearing to be held as soon as reasonably practicable.

(6) In this section “relevant day” means—

(a) in a case falling within subsection (1)(a), the day on which the TPIM notice imposing the measures is served on the individual;

(b) in a case falling within subsection (1)(b), the day on which the court confirms the TPIM notice.

9 Review hearing U.K.

(1) On a review hearing held in compliance with directions under section 8(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.

(2) In doing so, the court must apply the principles applicable on an application for judicial review.

(3) The court—

(a) must discontinue the review hearing if the individual requests the court to do so; and

(b) may discontinue the review hearing in any other circumstances.

(4) The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.

(5) The court has the following powers (and only those powers) on a review hearing—

(a) power to quash the TPIM notice;

(b) power to quash measures specified in the TPIM notice;

(c) power to give directions to the Secretary of State for, or in relation to,—

(i) the revocation of the TPIM notice, or

(ii) the variation of measures specified in the TPIM notice.

(6) If the court does not exercise any of its powers under subsection (5), the court must decide that the TPIM notice is to continue in force.

(7) If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the TPIM notice is to continue in force subject to that exercise of that power.

(8) In this section “relevant conditions” means—

(a) condition A;

(b) condition B;

(c) condition C; and

(d) condition D.

Consultation requirements U.K.

10 Criminal investigations into terrorism-related activity U.K.

(1) The Secretary of State must consult the chief officer of the appropriate police force about the matter mentioned in subsection (2) before—

(a) making an application under section 6 for permission to impose measures on an individual, or

(b) imposing measures on an individual in a case to which section 3(5)(b) applies (urgency of the case requires measures to be imposed without obtaining the permission of the court).

(2) The matter is whether there is evidence available that could realistically be used for the purposes of prosecuting the individual for an offence relating to terrorism.

(3) The “appropriate police force” means the police force—

(a) that is investigating the commission of any such offence by the individual, or

(b) by which it appears to the Secretary of State that the commission of any such offence by the individual would fall to be investigated.

(4) If the Secretary of State serves a TPIM notice on an individual, the Secretary of State must inform the chief officer of the appropriate police force—

(a) that the TPIM notice has been served, and

(b) that the chief officer must act in accordance with the duty under subsection (5).

(5) After being informed of the matters mentioned in subsection (4), the chief officer must—

(a) secure that the investigation of the individual's conduct, with a view to a prosecution of the individual for an offence relating to terrorism, is kept under review throughout the period the TPIM notice is in force, and

(b) report to the Secretary of State on the review carried out under paragraph (a).

(6) The chief officer must consult the relevant prosecuting authority before responding to consultation under subsection (1).

(7) The chief officer must also, to the extent that the chief officer considers it appropriate to do so, consult the relevant prosecuting authority in carrying out the duty under subsection (5)(a).

(8) The “relevant prosecuting authority” is—

(a) in the case of offences that would be likely to be prosecuted in England and Wales, the Director of Public Prosecutions;

(b) in the case of offences that would be likely to be prosecuted in Scotland, the appropriate procurator fiscal;

(c) in the case of offences that would be likely to be prosecuted in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.

(9) The duty to consult under subsection (1) or (6) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(10) In this section—

• “chief officer”—

  (a)

  in relation to a police force maintained for a police area in England and Wales, means the chief officer of police of that force;

  (b)

  [F4 in relation to the Police Service of Scotland, means the chief constable of that Service;]

  (c)

  in relation to the Police Service of Northern Ireland, means the Chief Constable of that Service;

  (d)

  in relation to the [F5 National Crime Agency], means the [F6 Director General of the National Crime Agency]; and

  (e)

  F7 ...

• “police force” means—

  (a)

  a police force maintained for a police area in England and Wales;

  (b)

  [F8 the Police Service of Scotland;]

  (c)

  the Police Service of Northern Ireland;

  (d)

  the [F9 National Crime Agency ]; or

  (e)

  F10 ...

Textual Amendments

F4 Words in s. 10(10) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 64(2)(a)(i)

F5 Words in s. 10(10) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 188(a); S.I. 2013/1682, art. 3(v)

F6 Words in s. 10(10) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 188(b); S.I. 2013/1682, art. 3(v)

F7 Words in s. 10(10) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 64(2)(a)(ii)

F8 Words in s. 10(10) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 64(2)(b)(i)

F9 Words in s. 10(10) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

F10 Words in s. 10(10) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 64(2)(b)(ii)

Review of ongoing necessity U.K.

11 Review of ongoing necessity U.K.

During the period that a TPIM notice is in force, the Secretary of State must keep under review whether conditions C and D are met.

Changes concerning TPIM notices U.K.

12 Variation of measures U.K.

(1) The Secretary of State may by notice (a “variation notice”) vary measures specified in a TPIM notice if—

(a) the variation consists of the relaxation or removal of measures;

(b) the variation is made with the consent of the individual; or

(c) the Secretary of State reasonably considers that the variation is necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity.

(2) The individual to whom a TPIM notice relates may make an application to the Secretary of State for the variation of measures specified in the TPIM notice.

(3) The Secretary of State must consider an application made under subsection (2).

(4) An application under subsection (2) must be made in writing.

(5) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application under subsection (2).

(6) The Secretary of State is not required to consider an application further unless any information requested under subsection (5) is provided in accordance with the notice mentioned in that subsection.

(7) A variation under subsection (1) takes effect when the variation notice is served or, if later, at the time specified for this purpose in the variation notice.

(8) The power under subsection (1) is exercisable whether or not an application has been made under subsection (2).

(9) In a case where a TPIM notice—

(a) has expired without being extended under section 5(2), or

(b) has been revoked,

the power under subsection (1) may (in particular) be exercised in relation to the TPIM notice before any revival of the TPIM notice under section 13(6) so as to take effect at the time that the TPIM notice comes back into force on its revival.

(10) In such a case, the question of whether condition D is met is to be determined for the purposes of section 13(6) by reference to the measures specified in the TPIM notice as they would be after the exercise of the power under subsection (1).

13 Revocation and revival of TPIM notices U.K.

(1) The Secretary of State may by notice (a “revocation notice”) revoke a TPIM notice at any time.

(2) The revocation of a TPIM notice takes effect when the revocation notice is served or, if different, at the time specified for this purpose in the revocation notice.

(3) The individual to whom a TPIM notice relates may make an application to the Secretary of State for the revocation of the TPIM notice.

(4) The Secretary of State must consider an application made under subsection (3).

(5) The power under subsection (1) is exercisable whether or not an application has been made under subsection (3).

(6) The Secretary of State may by notice (a “revival notice”) at any time revive a TPIM notice which—

(a) has expired without being extended under section 5(2), or

(b) has been revoked,

if conditions A, C and D are met.

(7) The power of revival may be exercised—

(a) under subsection (6) (a) or (b) whether or not the TPIM notice has previously been revoked and revived; and

(b) under subsection (6) (b) whether or not the TPIM notice has been extended under section 5(2).

(8) But the power of revival under subsection (6) (b) may not be exercised to revive a TPIM notice which the Secretary of State was required to revoke by directions given by the court in TPIM proceedings.

(9) A TPIM notice which is revived—

(a) comes back into force when the revival notice is served or, if later, at the time specified for this purpose in the revival notice; and

(b) is in force—

(i) for the period of one year (in a case where the revived notice had expired), or

(ii) for the period of time for which the TPIM notice would have continued in force if it had not been revoked (in a case where the revived notice had been revoked).

14 Replacement of TPIM notice that is quashed etc U.K.

(1) This section applies if—

(a) a TPIM notice, the extension of a TPIM notice, or the revival of a TPIM notice, is quashed in TPIM proceedings, or

(b) a TPIM notice is revoked by the Secretary of State in compliance with directions given by the court in TPIM proceedings.

(2) The replacement TPIM notice is to be in force for the period of time for which the overturned notice would have continued in force but for the quashing or revocation.

(3) The replacement TPIM notice may not be extended under section 5(2) if the overturned notice had been extended under section 5(2) (including where the extension is quashed).

(4) Terrorism-related activity is to be treated as new terrorism-related activity in relation to the imposition of measures by the replacement TPIM notice if it was new terrorism-related activity in relation to the imposition of measures by the overturned notice.

(5) Terrorism-related activity that occurs after the coming into force of the overturned notice does not cease to be new terrorism-related activity by virtue of the coming into force of the replacement TPIM notice.

(6) Subsections (2) to (5) do not apply to the replacement notice if—

(a) some or all of the relevant activity (within the meaning of section 3) occurred after the overturned notice came into force, and

(b) the Secretary of State determines that those subsections should not apply to that notice.

(7) In this section—

• “new terrorism-related activity” has the same meaning as in section 3;

• “overturned notice” means the TPIM notice to which the quashing or revocation referred to in subsection (1) relates;

• “replacement TPIM notice” means the first TPIM notice to impose measures on the individual to whom the overturned notice relates after the quashing or revocation referred to in subsection (1).

15 Other provision relating to the quashing of TPIM notices etc U.K.

(1) A power in TPIM proceedings to quash a TPIM notice, the extension of a TPIM notice, the revival of a TPIM notice, or measures specified in a TPIM notice, includes—

(a) in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or

(b) in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.

(2) A decision in TPIM proceedings to quash measures specified in a TPIM notice, or (except as provided in section 14) a decision in TPIM proceedings to quash, or to give directions to the Secretary of State in relation to, a TPIM notice, the extension of a TPIM notice, or the revival of a TPIM notice, does not prevent the Secretary of State—

(a) from exercising any power under this Act to impose measures (whether or not to the same or similar effect as measures to which the decision relates), or

(b) from relying, in whole or in part, on any matters for the purpose of so exercising such a power (whether or not the matters were relied on in exercising powers under this Act in relation to measures or the TPIM notice to which the decision relates).

(3) Schedule 3 (appeals against convictions) has effect.

Appeals and court proceedings U.K.

16 Appeals U.K.

(1) If the Secretary of State extends or revives a TPIM notice (see section 5(2) or 13(6))—

(a) the individual to whom the TPIM notice relates may appeal to the court against the extension or revival; and

(b) the function of the court on such an appeal is to review the Secretary of State's decisions that conditions A, C and D were met and continue to be met.

(2) If the Secretary of State varies measures specified in a TPIM notice (and the variation does not consist of the relaxation or removal of measures) without the consent of the individual to whom the TPIM notice relates (see section 12(1)(c))—

(a) the individual may appeal to the court against the variation; and

(b) the function of the court on such an appeal is to review the Secretary of State's decisions that the variation was necessary, and continues to be necessary, for purposes connected with preventing or restricting involvement by the individual in terrorism-related activity.

(3) If the individual to whom a TPIM notice relates makes an application to the Secretary of State for the variation of measures specified in the TPIM notice (see section 12(2))—

(a) the individual may appeal to the court against any decision by the Secretary of State on the application; and

(b) the function of the court on such an appeal is to review the Secretary of State's decisions that the measures to which the application relates were necessary, and continue to be necessary, for purposes connected with preventing or restricting involvement by the individual in terrorism-related activity.

(4) If the individual to whom a TPIM notice relates makes an application to the Secretary of State for the revocation of the TPIM notice (see section 13(3))—

(a) the individual may appeal to the court against any decision by the Secretary of State on the application; and

(b) the function of the court on such an appeal is to review the Secretary of State's decisions that conditions A, C and D were met and continue to be met.

(5) If the individual to whom a TPIM notice relates makes an application to the Secretary of State for permission—

(a) the individual may appeal to the court against any decision by the Secretary of State on the application (including any decision about conditions to which permission is subject); and

(b) the function of the court on such an appeal is to review the decision.

(6) In determining the matters mentioned in subsections (1) to (5) the court must apply the principles applicable on an application for judicial review.

(7) The only powers of the court on an appeal under this section are—

(a) power to quash the extension or revival of the TPIM notice;

(b) power to quash measures specified in the TPIM notice;

(c) power to give directions to the Secretary of State for, or in relation to,—

(i) the revocation of the TPIM notice, or

(ii) the variation of measures the TPIM notice specifies;

(d) power to give directions to the Secretary of State in relation to permission or conditions to which permission is subject.

(8) If the court does not exercise any of its powers under subsection (7), it must dismiss the appeal.

(9) In this section “permission” means permission for the purposes of measures specified in a TPIM notice (see, in particular, paragraph 13 of Schedule 1).

17 Jurisdiction in relation to decisions under this Act U.K.

(1) TPIM decisions are not to be questioned in any legal proceedings other than—

(a) proceedings in the court; or

(b) proceedings on appeal from such proceedings.

(2) The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to proceedings all or any part of which call a TPIM decision into question.

(3) In this Act “TPIM decision” means—

(a) a decision made by the Secretary of State in exercise or performance of any power or duty under any of sections 2 to 15 or under Schedule 1 or 2;

(b) a decision made by the Secretary of State for the purposes of, or in connection with, the exercise or performance of any such power or duty;

(c) a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 1 (movement directions measure) or paragraph 10(1)(b) of that Schedule (reporting measure);

(d) a decision by a person to give a direction by virtue of paragraph 12(2)(d) of Schedule 1 (monitoring measure).

18 Proceedings relating to measures U.K.

(1) No appeal shall lie from any determination of the court in TPIM proceedings, except on a question of law.

(2) No appeal by any person other than the Secretary of State shall lie from any determination—

(a) on an application for permission under section 6; or

(b) on a reference under Schedule 2.

(3) Schedule 4 (proceedings relating to measures) has effect.

Other safeguards U.K.

19 Reports on exercise of powers under Act U.K.

(1) The Secretary of State must—

(a) prepare a report about the exercise of the powers mentioned in subsection (2) during each period of 3 months beginning with the month in which this Act is passed, and

(b) lay a copy of each such report before Parliament.

(2) The powers referred to in subsection (1) are the powers of the Secretary of State under this Act—

(a) to impose measures on an individual by a TPIM notice under section 2;

(b) to extend a TPIM notice under section 5(2);

(c) to vary a TPIM notice under section 12;

(d) to revoke a TPIM notice under section 13(1);

(e) to revive a TPIM notice under section 13(6).

(3) The duty under subsection (1) in relation to the preparation and laying of a report must be carried out as soon as reasonably practicable after the end of the 3 month period to which the report relates.

(4) Subject to subsection (5), this section does not require a report to be made in relation to any time which falls after the Secretary of State's TPIM powers have expired or been repealed under section 21, except for the period of 28 days referred to in section 22(2).

(5) If the Secretary of State's TPIM powers are revived under section 21—

(a) the reference in subsection (1)(a) above to the month in which this Act is passed is to be read as a reference to the month in which the revival takes effect; and

(b) this section applies accordingly.

20 Reviews of operation of Act U.K.

(1) The Secretary of State must appoint a person to review the operation of this Act (“the independent reviewer”).

[F11 (2) In each calendar year the independent reviewer must, by 31 January, inform the Secretary of State what (if any) reviews under this section the reviewer intends to carry out in that year.

Those reviews must be completed during that year or as soon as reasonably practicable after the end of it.]

(4) The independent reviewer must send to the Secretary of State a report on the outcome of each review carried out under subsection (2) as soon as reasonably practicable after completion of the review.

(5) On receiving a report under subsection (4), the Secretary of State must lay a copy of it before Parliament.

(6) The Secretary of State may pay to the independent reviewer—

(a) expenses incurred in carrying out the functions of the reviewer under this section, and

(b) such allowances as the Secretary of State determines.

F12 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 20(2) substituted for s. 20(2)(3) (12.4.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 45(3)(a), 52(2)(b) (with s. 49(4)(d))

F12 S. 20(7)-(9) omitted (12.4.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), ss. 45(3)(b), 52(2)(b)

21 Expiry and repeal of TPIM powers U.K.

(1) Except so far as otherwise provided under this section, the Secretary of State's TPIM powers expire at the end of 5 years beginning with the day on which this Act is passed.

(2) The Secretary of State may, by order made by statutory instrument—

(a) repeal the Secretary of State's TPIM powers;

(b) at any time revive the Secretary of State's TPIM powers for a period not exceeding 5 years;

(c) provide that the Secretary of State's TPIM powers—

(i) are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection; but

(ii) are to continue in force after that time for a period not exceeding 5 years.

(3) Before making an order under this section the Secretary of State must consult—

(a) the independent reviewer appointed for the purposes of section 20;

(b) the Intelligence Services Commissioner; and

(c) the Director-General of the Security Service.

(4) An order under this section may not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(5) Subsection (4) does not apply to an order that contains a declaration by the Secretary of State that the order needs, by reason of urgency, to be made without the approval required by that subsection.

(6) An order that contains such a declaration—

(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.

(7) Where an order ceases to have effect in accordance with subsection (6), that does not—

(a) affect anything previously done in reliance on the order; or

(b) prevent the making of a new order to the same or similar effect.

(8) In this section—

• “40 days” means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946;

• “Secretary of State's TPIM powers” means—

  (a)

  the power to impose a TPIM notice under section 2;

  (b)

  the power to extend a TPIM notice under section 5(2);

  (c)

  the power to vary a TPIM notice under section 12(1)(c); and

  (d)

  the power to revive a TPIM notice under section 13(6) to (9).

22 Section 21: supplementary provision U.K.

(1) This section applies if the Secretary of State's TPIM powers expire or are repealed under section 21.

(2) A TPIM notice which is in force immediately before expiry or repeal is to—

(a) continue in force for the period of 28 days beginning with expiry or repeal; and

(b) be treated as if revoked by the Secretary of State at the end of that period.

(3) Subsection (2)(a) is subject to—

(a) any variation under section 12(1)(a) or (b), and

(b) any revocation or quashing.

(4) Except as provided for in subsection (5) or (6), TPIM proceedings may neither continue nor be begun after expiry or repeal.

(5) TPIM proceedings of a kind set out in subsection (7) may continue, or be begun, after expiry or repeal, but only for the purpose of determining one or more of the following matters—

(a) whether a TPIM notice should be quashed;

(b) whether measures imposed by a TPIM notice should be quashed;

(c) whether to make a declaration under paragraph 4(4) of Schedule 2.

(6) Proceedings for an award of damages or other relief arising out of any TPIM proceedings of a kind set out in subsection (7)(a) to (c) may continue, or be begun, after expiry or repeal.

(7) The TPIM proceedings referred to in subsections (5) and (6) are—

(a) a reference made under paragraph 3 of Schedule 2 before expiry or repeal;

(b) a hearing in pursuance of directions under section 8(2) or (4);

(c) an appeal under section 16;

(d) an appeal, or further appeal, relating to a decision in any proceedings mentioned in any of paragraphs (a) to (c).

(8) If, after expiry of the Secretary of State's TPIM powers, the powers are revived under section 21(2)(b)—

(a) all TPIM notices, including any which were in force before expiry, are to be taken into account in determining whether there is new terrorism-related activity for the purposes of section 3(6);

(b) the expiry of those powers does not prevent them from being exercised after revival in relation to any TPIM notice which—

(i) expired or was revoked before the expiry of the powers or during the relevant 28 day period, or

(ii) is, in accordance with subsection (2)(b) of this section, treated as if revoked at the end of the relevant 28 day period;

and for this purpose “relevant 28 day period” means the period of 28 days beginning with the expiry of the powers that is mentioned in subsection (2)(b).

Enforcement U.K.

23 Offence U.K.

(1) An individual is guilty of an offence if—

(a) a TPIM notice is in force in relation to the individual, and

(b) the individual contravenes, without reasonable excuse, any measure specified in the TPIM notice.

[F13 (1A) Where an individual—

(a) is subject to a measure specified under paragraph 2 of Schedule 1 (a “travel measure”), and

(b) leaves the United Kingdom or travels outside the United Kingdom,

subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.]

(2) If the individual has the permission of the Secretary of State by virtue of Schedule 1 for an act which would, without that permission, contravene such a measure, the individual contravenes that measure by virtue of that act if the act is not in accordance with the terms of the permission.

(3) An individual guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both.

[F14 (3A) Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (3)(a) has effect as if “10 years” were substituted for “5 years”.]

(4) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (3)(b) to 12 months is to be read as a reference to 6 months.

(5) Where an individual is convicted by or before a court of an offence under subsection (1), it is not open to that court to make in respect of the offence—

(a) an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (conditional discharge);

(b) an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders); or

(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).

Textual Amendments

F13 S. 23(1A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 17(3), 52(5) (with s. 49(3))

F14 S. 23(3A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 17(4), 52(5) (with s. 49(3))

24 Powers of entry etc U.K.

Schedule 5 (powers of entry, search, seizure and retention) has effect.

25 Fingerprints and samples U.K.

Schedule 6 (fingerprints and samples) has effect.

Temporary imposition of enhanced measures U.K.

26 Temporary power for imposition of enhanced measures U.K.

(1) If the Secretary of State considers that it is necessary to do so by reason of urgency, the Secretary of State may make a temporary enhanced TPIM order during any period that—

(a) begins with the dissolution of Parliament, and

(b) ends with the first Queen's Speech of the Parliament which first meets after that dissolution.

(2) A temporary enhanced TPIM order is an order which makes provision for, or in connection with, giving the Secretary of State power to impose enhanced measures by notice on individuals whom the Secretary of State is satisfied, on the balance of probabilities, are, or have been, involved in terrorism-related activity.

(3) An enhanced measure is a requirement, restriction or other provision which is of any of the following kinds—

(a) a restriction on an individual in relation to the residence in which the individual resides, including—

(i) a requirement to reside at a specified residence in the United Kingdom;

(ii) a requirement not to allow others to reside at that residence without the permission of the Secretary of State;

(iii) a requirement, applicable between specified hours, to remain at, or within, that residence;

(b) a restriction on an individual in relation to leaving a specified area;

(c) a requirement, restriction or other provision which corresponds to provision within any of these paragraphs of Schedule 1—

(i) paragraphs 2 to 6;

(ii) paragraph 7(1) and (2) and (4) to (6);

(iii) paragraphs 9 to 12;

(d) a requirement, restriction or other provision which corresponds to provision within paragraph 8(1) of Schedule 1 (as read with paragraph 8(3) of that Schedule), including—

(i) a requirement not to associate or communicate with other persons without the permission of the Secretary of State, which includes provision allowing the individual (without seeking permission) to associate and communicate with such persons or descriptions of persons as the Secretary of State may specify;

(ii) a requirement to give notice to the Secretary of State before associating or communicating with other persons, which includes provision allowing the individual (without giving notice) to associate and communicate with such persons, or descriptions of persons, as are specified;

(iii) a requirement of the kind referred to in sub-paragraph (c) of paragraph 8(2) of Schedule 1, which may in particular relate to association or communication which is allowed by virtue of provision of the kind referred to in sub-paragraph (i) or (ii) above;

(e) provision which corresponds to provision within Part 2 of Schedule 1;

and for this purpose “specified” means specified by the Secretary of State in an enhanced TPIM notice.

(4) Except as provided for in subsections (5) to (10), the provision made by a temporary enhanced TPIM order must correspond to the relevant provisions of this Act.

(5) A temporary enhanced TPIM order—

(a) must secure that enhanced TPIM notices and standard TPIM notices are separate notices;

(b) must secure that, at any particular time, an enhanced TPIM notice and a standard TPIM notice are not both in force in relation to a particular individual; and

(c) may secure that the application of a temporary enhanced TPIM order to a particular individual does not affect the application of this Act to that individual (and vice versa).

(6) The provision of a temporary enhanced TPIM order which corresponds to section 3 must include appropriate variations from the provision contained in that section to secure—

(a) that condition A is replaced by a condition which secures that the enhanced TPIM power may not be exercised in relation to an individual unless the Secretary of State is satisfied, on the balance of probabilities, that the individual is, or has been, involved in terrorism-related activity; and

(b) that condition D is replaced by a condition which secures both—

(i) the same result as condition D, and

(ii) that the enhanced TPIM power may not be exercised in relation to an individual unless some or all of the measures imposed by the enhanced TPIM notice are measures that may not be imposed by a standard TPIM notice.

(7) The provision of a temporary enhanced TPIM order which corresponds to section 5(1) must include appropriate variations from the provision contained in that subsection to secure that each enhanced TPIM notice ceases to be in force at the time when the enhanced TPIM power ceases to have effect in accordance with section 27(1) (subject to earlier revocation or quashing of the notice).

(8) The provision of a temporary enhanced TPIM order which corresponds to Schedule 1 must include appropriate variations from the provision contained in that Schedule to secure that it is enhanced measures which the Secretary of State has power to impose.

(9) A temporary enhanced TPIM order may make appropriate provision (including appropriate variations from the provision contained in the relevant provisions of this Act) in consequence of, or in connection with, the creation, in accordance with this section, of the enhanced TPIM power.

(10) A temporary enhanced TPIM order may make appropriate provision for the purposes of securing that transitional and saving provision relating to a temporary enhanced TPIM order ceasing to have effect may be made (including provision for enhanced TPIM notices to continue in force for a period, which does not exceed 28 days, after the enhanced TPIM power ceases to have effect).

(11) The provision that may be made by a temporary enhanced TPIM order includes—

(a) provision applying (with or without modifications) any enactment (including an enactment contained in this Act);

(b) provision conferring functions on the Secretary of State or any other person (including, in the case of the Secretary of State or any other Minister of the Crown, functions of a legislative nature).

(12) The Secretary of State must obtain the consent of the Scottish Ministers to the inclusion in a temporary enhanced TPIM order of any provision—

(a) which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or

(b) which otherwise confers functions on the Scottish Ministers.

(13) But subsection (12) does not apply to any provision of an enhanced TPIM order which—

(a) applies (with or without modifications) an enactment contained in, or amended by, this Act, or

(b) otherwise corresponds to such an enactment.

27 Section 26: supplementary provision U.K.

(1) A temporary enhanced TPIM order, except for designated transitional and saving provision, ceases to have effect—

(a) at the end of the period of 90 days beginning with the day on which the Secretary of State makes the order, or

(b) at such earlier time (if any) as is specified in the order.

(2) The Secretary of State may by order revoke some or all of a temporary enhanced TPIM order if the Secretary of State considers it appropriate to do so (whether or not the Secretary of State would have power to make a temporary enhanced TPIM order by virtue of section 26(1)).

(3) As soon as practicable after making—

(a) a temporary enhanced TPIM order, or

(b) an order revoking any provision of a temporary enhanced TPIM order,

the Secretary of State must lay before each House of Parliament a copy of the order that has been made.

(4) Anything which has been done by virtue of a temporary enhanced TPIM order is not affected by the temporary enhanced TPIM order ceasing to have effect.

(5) In section 26 and this section—

• “appropriate”, in relation to variations, or other provision, means such variations, or such other provision, as the Secretary of State considers appropriate;

• “designated transitional and saving provision” means provision of a temporary enhanced TPIM order which is designated, in a temporary enhanced TPIM order, as transitional and saving provision for the purposes of this section;

• “enactment” includes—

  (a)

  an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

  (b)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

  (c)

  an enactment contained in, or in an instrument made under, Northern Ireland legislation, and

  (d)

  an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

• “enhanced measure” has the meaning given in section 26(3);

• “enhanced TPIM notice” means a notice by which the enhanced TPIM power is exercised;

• “enhanced TPIM power” means the power to impose enhanced measures that is referred to in section 26(2);

• “relevant provisions of this Act” mean all the provisions of this Act, apart from—

  (a)

  section 1 (abolition of control orders),

  (b)

  section 5(2) and (3) (extension of TPIM notices),

  (c)

  section 13(6)(a) (revival of TPIM notice after expiry),

  (d)

  sections 21 (expiry and repeal of TPIM powers) and 22 (section 21: supplementary provision),

  (e)

  section 26 and this section,

  (f)

  section 29 (financial and supplemental provision),

  (g)

  section 31(1) and (2) (short title and commencement), and

  (h)

  Schedules 7 (minor and consequential amendments) and 8 (transitional and saving provision);

• “standard TPIM notice” means a notice under section 2;

• “temporary enhanced TPIM order” has the meaning given in section 26(2).

Final provisions U.K.

28 Notices U.K.

(1) In a case where the Secretary of State serves a TPIM notice, a revival notice or an extension notice on an individual, the Secretary of State must, by a further notice, give the following information to the individual—

(a) the period for which the TPIM notice will be in force;

(b) the day on which the TPIM notice comes, or came, into force; and

(c) the day on which the TPIM notice will expire;

and, in the case of a revival or extension notice, “TPIM notice” means the TPIM notice which is revived or extended by that notice.

(2) An individual is not bound by—

(a) a TPIM notice,

(b) a revival notice, or

(c) a variation notice insofar as it gives notice of a variation that is neither a relaxation or removal of measures, nor a variation with the individual's consent,

unless the notice is served personally on the individual.

(3) An individual is not bound by an extension notice unless the notice is—

(a) served personally on the individual, and

(b) so served before the TPIM notice to which it relates would otherwise expire.

(4) Any of the following notices must be served on the individual to whom the notice relates—

(a) a revocation notice;

(b) a variation notice insofar as subsection (2)(c) does not apply to it;

(c) a confirmation notice.

(5) Any of the following notices may be proved by the production of a document purporting to be certified by the Secretary of State as a true copy of the notice—

(a) a TPIM notice;

(b) an extension notice;

(c) a revocation notice;

(d) a revival notice;

(e) a variation notice;

(f) a confirmation notice.

(6) But that does not prevent the proof of such a notice in other ways.

(7) In this section—

• “confirmation notice” means a notice given under subsection (1);

• “extension notice” means a notice under section 5(2);

• “revival notice” has the same meaning as in section 13(6);

• “revocation notice” has the same meaning as in section 13(1);

• “variation notice” has the same meaning as in section 12(1).

29 Financial and supplemental provision U.K.

(1) The Secretary of State may enter into such contracts and other arrangements with other persons as the Secretary of State considers appropriate for securing their assistance in connection with any monitoring, by electronic or other means, that the Secretary of State considers needs to be carried out in connection with measures specified in TPIM notices.

(2) The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State or Lord Chancellor by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(3) Schedule 7 (minor and consequential amendments) has effect.

(4) Schedule 8 (transitional and saving provision) has effect.

30 Interpretation etc U.K.

(1) In this Act—

• “act” and “conduct” include omissions and statements;

• “act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);

• “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 3;

• “court” means—

  (a)

  in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;

  (b)

  in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland;

  (c)

  in any other case, the High Court in England and Wales;

• “measures” means terrorism prevention and investigation measures (which has the meaning given in section 2);

• “notice” means notice in writing;

• “terrorism” has the same meaning as in the Terrorism Act 2000 (see section 1(1) to (4) of that Act);

• “terrorism-related activity”, and “involvement” (in relation to such activity), are to be construed in accordance with section 4;

• “TPIM decision” has the meaning given in section 17;

• “TPIM notice” has the meaning given in section 2(1);

• “TPIM proceedings” means—

  (a)

  proceedings on an application for permission under section 6;

  (b)

  proceedings on a reference under Schedule 2;

  (c)

  proceedings on a directions hearing held in accordance with directions under section 8(2);

  (d)

  proceedings on a review hearing held in accordance with directions under section 8(4);

  (e)

  proceedings on an appeal under section 16;

  (f)

  proceedings by virtue of section 17(2);

  (g)

  proceedings on an application made by virtue of rules of court made under paragraph 6 of Schedule 4 (application for order requiring anonymity);

  (h)

  any other proceedings for questioning a TPIM decision (including any claim for damages or other relief arising out of such a decision).

(2) In a case where—

(a) a TPIM notice has come into force in relation to an individual, and

(b) by virtue of the coming into force of that TPIM notice, terrorism-related activity which occurred before the coming into force of that notice has ceased to be new terrorism-related activity (within the meaning of section 3(6)) in relation to that individual for the purposes of that section,

the Secretary of State is not prevented from taking account of that activity for the purposes of the continued imposition, or subsequent imposition, of measures on that individual.

(3) For the purposes of the definition of “new terrorism-related activity” in section 3, if a TPIM notice is revived under section 13(6), a reference to the notice coming into force is a reference to it coming into force by virtue of section 5(1) (and not to it coming back into force by virtue of section 13(9)).

(4) For the purpose of determining what measures may be imposed on an individual, it is immaterial whether the involvement in terrorism-related activity to be prevented or restricted by the measures is connected with matters to which the Secretary of State's belief for the purpose of condition A relates.

(5) A failure by the Secretary of State to consider an application by an individual for—

(a) the revocation of a TPIM notice, or

(b) the variation of measures specified in a TPIM notice,

is to be treated as a decision by the Secretary of State not to revoke, or not to vary, the TPIM notice.

(6) Subsections (2) to (5) apply for the purposes of this Act.

31 Short title, commencement and extent U.K.

(1) This Act may be cited as the Terrorism Prevention and Investigation Measures Act 2011.

(2) This Act comes into force on the day after the day on which it is passed.

(3) This Act extends to England and Wales, Scotland and Northern Ireland.

(4) Her Majesty may by Order in Council direct that this Act is to extend, with such modifications as appear to Her Majesty to be appropriate, to the Isle of Man.

Modifications etc. (not altering text)

C1 S. 31(4) power extended (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 51(5), 52(5)

SCHEDULES

Section 2

SCHEDULE 1 U.K. Terrorism prevention and investigation measures

Part 1 U.K. Measures

Overnight residence measure U.K.

1 (1) The Secretary of State may impose restrictions on the individual in relation to the residence in which the individual resides. U.K.

(2) The Secretary of State may, in particular, impose any of the following—

(a) a requirement to reside at a specified residence;

(b) a requirement to give notice to the Secretary of State of the identity of any other individuals who reside (or will reside) at the specified residence;

(c) a requirement, applicable overnight between such hours as are specified, to remain at, or within, the specified residence.

(3) The specified residence must be—

(a) premises that are the individual's own residence, or

[F15 (b) other premises situated in an agreed locality or in some other locality in the United Kingdom that the Secretary of State considers to be appropriate.]

[F16 (3A) If there are premises that are the individual's own residence at the time when the notice imposing restrictions under this paragraph is served on the individual, premises more than 200 miles from those premises may be specified under sub-paragraph (3)(b) only if they are in an agreed locality.]

F17 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) An “agreed locality” is a locality in the United Kingdom which is agreed by the Secretary of State and the individual.

[F18 (5A) The specified residence (if it is not the individual's own residence) may be a residence provided by or on behalf of the Secretary of State.]

(6) If the specified residence is provided to the individual by or on behalf of the Secretary of State, the Secretary of State may require the individual to comply with any specified terms of occupancy of that residence (which may be specified by reference to a lease or other document).

(7) A requirement of the kind mentioned in sub-paragraph (2)(c) must include provision to enable the individual to apply for the permission of the Secretary of State to be away from the specified residence, for the whole or part of any applicable period, on one or more occasions.

(8) The Secretary of State may grant such permission subject to either or both of the following conditions—

(a) the condition that the individual remains overnight at other agreed premises between such hours as the Secretary of State may require;

(b) the condition that the individual complies with such other restrictions in relation to the individual's movements whilst away from the specified residence as are so required.

(9) “Agreed premises” are premises in the United Kingdom which are agreed by the Secretary of State and the individual.

(10) Sub-paragraph (8) is not to be read as limiting—

(a) the generality of sub-paragraph (7) of paragraph 13 (power to impose conditions when granting permission), or

(b) the power to impose further conditions under that sub-paragraph in connection with permission granted by virtue of sub-paragraph (7) of this paragraph.

(11) In sub-paragraph (7) “applicable period” means a period for which the individual is required to remain at the specified residence by virtue of a requirement of the kind mentioned in sub-paragraph (2)(c).

Textual Amendments

F15 Sch. 1 para. 1(3)(b) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 16(2), 52(5)

F16 Sch. 1 para. 1(3A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 16(3), 52(5)

F17 Sch. 1 para. 1(4) omitted (12.2.2015) by virtue of Counter-Terrorism and Security Act 2015 (c. 6), ss. 16(4), 52(5)

F18 Sch. 1 para. 1(5A) inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 16(5), 52(5)

Travel measure U.K.

2 (1) The Secretary of State may impose restrictions on the individual leaving a specified area or travelling outside that area. U.K.

[F19 (2) The specified area must be—

(a) the United Kingdom, or

(b) any area within the United Kingdom that includes the place where the individual will be living.]

(3) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to leave the specified area without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before leaving that area;

(c) a requirement not to possess or otherwise control, or seek to obtain, any travel document without the permission of the Secretary of State;

(d) a requirement to surrender any travel document that is in the possession or control of the individual.

(4) “Travel document” means—

(a) the individual's passport, or

(b) any ticket or other document that permits the individual to make a journey by any means—

(i) from the specified area to a place outside that area, or

(ii) between places outside the specified area.

(5) “Passport” means any of the following—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport.

Textual Amendments

F19 Sch. 1 para. 2(2) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 17(5), 52(5)

Exclusion measure U.K.

3 (1) The Secretary of State may impose restrictions on the individual entering— U.K.

(a) a specified area or place, or

(b) a place or area of a specified description.

(2) The Secretary of State may, in particular, impose any of the following requirements in respect of a specified area or place or a specified description of an area or place—

(a) a requirement not to enter without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before entering;

(c) a requirement not to enter unless other specified conditions are met.

Movement directions measure U.K.

4 (1) The Secretary of State may impose a requirement for the individual to comply with directions given by a constable in respect of the individual's movements (which may, in particular, include a restriction on movements). U.K.

(2) A constable may give such directions only for the purpose of securing compliance—

(a) with other specified measures, or

(b) with a condition imposed under this Act requiring the individual to be escorted by a constable.

(3) Directions may not remain in effect for a period that is any longer than the constable giving the directions considers necessary for the purpose mentioned in sub-paragraph (2); but that period may not in any event be a period of more than 24 hours.

Financial services measure U.K.

5 (1) The Secretary of State may impose restrictions on the individual's use of, or access to, such descriptions of financial services as are specified. U.K.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to hold any accounts, without the permission of the Secretary of State, other than the nominated account (see sub-paragraph (3));

(b) a requirement to close, or to cease to have an interest in, accounts;

(c) a requirement to comply with specified conditions in relation to the holding of any account (including the nominated account) or any other use of financial services;

(d) a requirement not to possess, or otherwise control, cash over a total specified value without the permission of the Secretary of State.

(3) The Secretary of State must allow the individual to hold (at least) one account (the “nominated account”) if—

(a) the individual gives notice to the Secretary of State of the holding of the nominated account, and

(b) the account is held with a bank.

(4) In sub-paragraph (3) “bank” means an institution which is incorporated in, or formed under the law of, any part of the United Kingdom and which has permission under [F20 Part 4A ]of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 to that Act and any order under section 22 of that Act).

(5) The reference in sub-paragraph (2)(d) to possessing or otherwise controlling cash does not include any cash that is held in an account with a person providing financial services (in accordance with any requirements imposed under this paragraph).

(6) In sub-paragraph (2)(d) “cash” means—

(a) coins and notes in any currency,

(b) postal orders,

(c) cheques of any kind, including travellers' cheques,

(d) bankers' drafts,

(e) bearer bonds and bearer shares, and

(f) such other kinds of monetary instrument as may be specified.

(7) A reference in this paragraph to the individual holding an account is a reference to an account held with a person providing financial services—

(a) that is in the individual's name or is held for the individual's benefit (whether held solely in the individual's name or jointly with one or more other persons); or

(b) in respect of which the individual has power of attorney or can otherwise exercise control.

(8) In this paragraph “financial services” means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—

(a) accepting deposits and other repayable funds;

(b) lending (including consumer credit and mortgage credit);

(c) payment and money transmission services (including credit, charge and debit cards).

Textual Amendments

F20 Words in Sch. 1 para. 5(4) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 135 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

Property measure U.K.

6 (1) The Secretary of State may impose either or both of the following— U.K.

(a) restrictions on the individual in relation to the transfer of property to, or by, the individual, or

(b) requirements on the individual in relation to the disclosure of property.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to transfer money or other property to a person or place outside the United Kingdom without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before transferring money or other property to a person or place outside the United Kingdom;

(c) a requirement to comply with any other specified conditions in relation to the transfer of property to, or by, the individual;

(d) a requirement to disclose to the Secretary of State such details as may be specified of any property that falls within sub-paragraph (3).

(3) Property falls within this sub-paragraph if it is property of a specified description—

(a) in which the individual has an interest of any kind, or

(b) over which, or in relation to which, the individual may exercise any right (including a right of use or a right to grant access).

(4) A reference in this paragraph to the transfer of property includes a reference to the arrangement of such a transfer.

(5) In this paragraph “property” includes rights over, or in relation to, property (including rights of use and rights to grant access); and a reference to the transfer of property includes a reference to the acquisition or disposal of such rights.

[F21 Weapons and explosives measure U.K.

Textual Amendments

F21 Sch. 1 para. 6A and preceding cross-heading inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6) , ss. 18 , 52(5)

6A (1) The Secretary of State may impose on the individual— U.K.

(a) a prohibition on possessing offensive weapons, imitation firearms or explosives;

(b) a prohibition on making an application for a firearm certificate or a shot gun certificate.

(2) In sub-paragraph (1)(a)—

• “ offensive weapon ” means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);

• “ imitation firearm ” has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3));

• “ explosive ” means anything that is—

  (a)

  an explosive within the meaning of the Explosives Act 1875, or

  (b)

  an explosive substance within the meaning of the Explosive Substances Act 1883.

(3) For the purposes of sub-paragraph (1)(b)—

(a) an application for a firearm certificate is an application under section 26A of the Firearms Act 1968 or article 4 of the Firearms (Northern Ireland) Order 2004;

(b) an application for a shot gun certificate is an application under section 26B of the Firearms Act 1968.]

Electronic communication device measure U.K.

7 (1) The Secretary of State may impose either or both of the following— U.K.

(a) restrictions on the individual's possession or use of electronic communication devices;

(b) requirements on the individual in relation to the possession or use of electronic communication devices by other persons in the individual's residence.

(2) The Secretary of State may, in particular, impose—

(a) a requirement not to possess or use any devices without the permission of the Secretary of State (subject to sub-paragraph (3));

(b) a requirement that a device may only be possessed or used subject to specified conditions.

(3) The Secretary of State must allow the individual to possess and use (at least) one of each of the following descriptions of device (subject to any conditions on such use as may be specified under sub-paragraph (2)(b))—

(a) a telephone operated by connection to a fixed line;

(b) a computer that provides access to the internet by connection to a fixed line (including any apparatus necessary for that purpose);

(c) a mobile telephone that does not provide access to the internet.

(4) The conditions specified under sub-paragraph (2)(b) may, in particular, include conditions in relation to—

(a) the type or make of a device (which may require the individual to use a device that is supplied or modified by the Secretary of State);

(b) the manner in which, or the times at which, a device is used;

(c) the monitoring of such use;

(d) the granting to a specified description of person of access to the individual's premises for the purpose of the inspection or modification of a device;

(e) the surrendering to a specified description of person of a device on a temporary basis for the purpose of its inspection or modification at another place.

(5) An “ electronic communication device ” means any of the following—

(a) a device that is capable of storing, transmitting or receiving images, sounds or information by electronic means;

(b) a component part of such a device;

(c) an article designed or adapted for use with such a device (including any disc, memory stick, film or other separate article on which images, sound or information may be recorded).

(6) The devices within sub-paragraph (5)(a) include (but are not limited to)—

(a) computers,

(b) telephones (whether mobile telephones or telephones operated by connection to a fixed line),

(c) equipment (not within paragraph (a) or (b)) designed or adapted for the purpose of connecting to the internet, and

(d) equipment designed or adapted for the purposes of sending or receiving facsimile transmissions.

Association measure U.K.

8 (1) The Secretary of State may impose restrictions on the individual's association or communication with other persons. U.K.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to associate or communicate with specified persons, or specified descriptions of persons, without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before associating or communicating with other persons (whether at all or in specified circumstances);

(c) a requirement to comply with any other specified conditions in connection with associating or communicating with other persons.

(3) An individual associates or communicates with another person if the individual associates or communicates with that person by any means (and for this purpose it is immaterial whether the association or communication is carried out by the individual in person or by or through another individual or means).

Work or studies measure U.K.

9 (1) The Secretary of State may impose restrictions on the individual in relation to the individual's work or studies. U.K.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to carry out without the permission of the Secretary of State—

(i) specified work or work of a specified description, or

(ii) specified studies or studies of a specified description;

(b) a requirement to give notice to the Secretary of State before carrying out any work or studies;

(c) a requirement to comply with any other specified conditions in connection with any work or studies.

(3) In this paragraph—

• “ work ” includes any business or occupation (whether paid or unpaid);

• “ studies ” includes any course of education or training.

Reporting measure U.K.

10 (1) The Secretary of State may impose a requirement for the individual— U.K.

(a) to report to such a police station, at such times and in such manner, as the Secretary of State may by notice require, and

(b) to comply with any directions given by a constable in relation to such reporting.

(2) Such a notice may, in particular, provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.

[F22 Appointments measure U.K.

Textual Amendments

F22 Sch. 1 para. 10A and preceding cross-heading inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6) , ss. 19 , 52(5)

10A (1) The Secretary of State may impose a requirement for the individual— U.K.

(a) to attend appointments with specified persons or persons of specified descriptions, and

(b) to comply with any reasonable directions given by the Secretary of State that relate to matters about which the individual is required to attend an appointment.

(2) A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—

(a) at specified times and places, or

(b) at times and places notified to the individual by persons referred to in that sub-paragraph.]

Photography measure U.K.

11 U.K. The Secretary of State may impose a requirement for the individual to allow photographs to be taken of the individual at such locations and at such times as the Secretary of State may by notice require.

Monitoring measure U.K.

12 (1) The Secretary of State may impose requirements for the individual to co-operate with specified arrangements for enabling the individual's movements, communications or other activities to be monitored by electronic or other means. U.K.

(2) The Secretary of State may, in particular, impose any of the following requirements for co-operation with the specified arrangements—

(a) a requirement to submit to procedures required by the arrangements;

(b) a requirement to wear or otherwise use apparatus approved by or in accordance with the arrangements;

(c) a requirement to maintain such apparatus in a specified manner;

(d) a requirement to comply with directions given by persons carrying out functions for the purposes of the arrangements.

(3) Directions under sub-paragraph (2)(d) may include directions requiring the individual to grant access to the individual's residence for the purpose of the inspection or modification of any apparatus used or maintained under the arrangements.

Part 2 U.K. Permission and notices

Permission U.K.

13 (1) Any application by an individual for permission must be made in writing. U.K.

(2) The Secretary of State may by notice specify—

(a) the information to be supplied on an application, and

(b) the time by which the application is to be made.

(3) A notice under sub-paragraph (2) may make different provision for different measures.

(4) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application received under sub-paragraph (1).

(5) The Secretary of State is not required to consider an application further unless any information requested under sub-paragraph (4) is provided in accordance with the notice mentioned in that sub-paragraph.

(6) Permission on an application is granted by the Secretary of State giving notice to the individual.

(7) Permission may be granted subject to such conditions as the Secretary of State may by notice specify.

(8) In this paragraph “ permission ” means permission in connection with a requirement or restriction imposed under Part 1 of this Schedule.

Notices U.K.

14 (1) This paragraph applies for the purposes of any notice given by the individual to the Secretary of State in connection with measures imposed under Part 1 of this Schedule (“a Part 1 notice”). U.K.

(2) The Secretary of State may by notice specify—

(a) the information to be supplied in a Part 1 notice, and

(b) the time by which a Part 1 notice is to be given.

(3) A notice under sub-paragraph (2) may make different provision for different measures.

(4) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with a Part 1 notice received from the individual.

(5) A requirement on the individual to give a Part 1 notice is not complied with unless and until the individual has received notice from the Secretary of State—

(a) that the Part 1 notice has been received, and

(b) that no (or no further) information is required under sub-paragraph (4) in relation to the Part 1 notice.

Power of Secretary of State to vary or revoke notices U.K.

15 U.K. The Secretary of State may vary or revoke a notice given by the Secretary of State under this Schedule.

Section 7

SCHEDULE 2 U.K. Urgent cases: reference to the court etc

Application U.K.

1 U.K. This Schedule applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) imposes measures on the individual.

Statement of urgency U.K.

2 U.K. The TPIM notice must include a statement that the Secretary of State reasonably considers that the urgency of the case requires measures to be imposed without obtaining the permission of the court under section 6.

Reference to court U.K.

3 (1) Immediately after serving the TPIM notice, the Secretary of State must refer to the court the imposition of the measures on the individual. U.K.

(2) The function of the court on the reference is to consider whether the relevant decisions of the Secretary of State 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 the TPIM notice is served on 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.

Decision by court U.K.

4 (1) In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court must quash the TPIM notice. U.K.

(2) In a case where the court determines that a decision of the Secretary of State that condition D is met is obviously flawed, the court must quash those of the measures which it determines that decision relates to.

(3) If sub-paragraph (1) does not apply, the court must confirm the TPIM notice (subject to any quashing of measures under sub-paragraph (2)).

(4) If the court determines that the Secretary of State's decision that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the TPIM notice under the preceding provisions of this paragraph).

Procedures on reference U.K.

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.

Interpretation U.K.

6 (1) References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 3(5)(b) (urgency of the case requires measures to be imposed without obtaining the permission of the court). U.K.

(2) In this Schedule “relevant decisions” means the decisions that the following conditions are met—

(a) condition A;

(b) condition B;

(c) condition C;

(d) condition D;

(e) the urgency condition.

Section 15

SCHEDULE 3 U.K. Appeals against convictions

1 U.K. An individual who has been convicted of an offence under section 23(1) may appeal against the conviction if—

(a) a TPIM notice, the extension of a TPIM notice, or the revival of a TPIM notice is quashed, or measures specified in a TPIM notice are quashed; and

(b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.

2 U.K. An appeal under this Schedule is to be made—

(a) in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal;

(b) in the case of a conviction on indictment [F23 or summary conviction] in Scotland, to the High Court of Justiciary;

(c) in the case of a summary conviction in England and Wales, to the Crown Court; [F24 or]

[F25 (ca) in the case of a summary conviction in Scotland, to the Sheriff Appeal Court; or]

(d) in the case of a summary conviction in Northern Ireland, to the county court.

Textual Amendments

F23 Words in Sch. 3 para. 2(b) repealed (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 14(2)(a) (with art. 4)

F24 Word in Sch. 3 para. 2(c) repealed (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 14(2)(b) (with art. 4)

F25 Sch. 3 para. 2(ca) inserted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 14(2)(c) (with art. 4)

3 (1) The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against— U.K.

(a) the decision to quash the notice, extension, revival or measures, or

(b) any decision on an appeal made against that decision.

(2) In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (1), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

4 (1) On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction. U.K.

(2) An appeal under this Schedule to the Court of Appeal against a conviction on indictment—

(a) may be brought irrespective of whether the appellant has previously appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and

(c) is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case.

(3) An appeal under this Schedule to the High Court of Justiciary against a conviction on indictment—

(a) may be brought irrespective of whether the appellant has previously appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and

(c) is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted.

(4) An appeal under this Schedule to the [F26 High Court of Justiciary[F26 Sheriff Appeal Court]] against a summary conviction—

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether the appellant has previously appealed against the conviction;

(c) may not be brought after the end of the period of two weeks beginning with the day on which the right of appeal arises by virtue of paragraph 3;

(d) is to be by note of appeal, which shall state the ground of appeal;

(e) is to be treated as an appeal for which leave has been granted under Part 10 of the Criminal Procedure (Scotland) Act 1995; and

(f) must be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.

(5) An appeal under this Schedule to the Crown Court or to the county court in Northern Ireland against a summary conviction—

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether the appellant has previously appealed against the conviction or made an application in respect of the conviction under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (case stated);

(c) may not be brought after the end of the period of 21 days beginning with the day on which the right of appeal arises by virtue of paragraph 3; and

(d) is to be treated as an appeal under section 108(1)(b) of that Act or, in Northern Ireland, under Article 140(1)(b) of that Order.

Textual Amendments

F26 Words in Sch. 3 para. 4(4) substituted (S.) (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, Sch. 2 para. 14(3) (with art. 4)

Section 18

SCHEDULE 4 U.K. Proceedings relating to terrorism prevention and investigation measures

Introductory U.K.

1 U.K. In this Schedule—

• “appeal proceedings” means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to TPIM proceedings;

• “the relevant court” means—

  (a)

  in relation to TPIM proceedings, the court;

  (b)

  in relation to appeal proceedings, the Court of Appeal or the Inner House of the Court of Session;

• “rules of court” means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session.

Rules of court: general provision U.K.

2 (1) A person making rules of court relating to TPIM proceedings or appeal proceedings must have regard to the need to secure the following— U.K.

(a) that the decisions that are the subject of the proceedings are properly reviewed, and

(b) that disclosures of information are not made where they would be contrary to the public interest.

(2) Rules of court relating to TPIM proceedings or appeal proceedings may make provision—

(a) about the mode of proof and about evidence in the proceedings;

(b) enabling or requiring the proceedings to be determined without a hearing;

(c) about legal representation in the proceedings;

(d) enabling the proceedings to take place without full particulars of the reasons for the decisions to which the proceedings relate being given to a party to the proceedings (or to any legal representative of that party);

(e) enabling the relevant court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);

(f) about the functions of a person appointed as a special advocate (see paragraph 10);

(g) enabling the court to give a party to the proceedings a summary of evidence taken in the party's absence.

(3) In this paragraph—

(a) references to a party to the proceedings do not include the Secretary of State;

(b) references to a party's legal representative do not include a person appointed as a special advocate.

(4) Nothing in this paragraph is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.

Rules of court: disclosure U.K.

3 (1) Rules of court relating to TPIM proceedings or appeal proceedings must secure that the Secretary of State is required to disclose— U.K.

(a) material on which the Secretary of State relies,

(b) material which adversely affects the Secretary of State's case, and

(c) material which supports the case of another party to the proceedings.

(2) This paragraph is subject to paragraph 4.

4 (1) Rules of court relating to TPIM proceedings or appeal proceedings must secure— U.K.

(a) that the Secretary of State has the opportunity to make an application to the relevant court for permission not to disclose material otherwise than to the relevant court and any person appointed as a special advocate;

(b) that such an application is always considered in the absence of every party to the proceedings (and every party's legal representative);

(c) that the relevant court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be contrary to the public interest;

(d) that, if permission is given by the relevant court not to disclose material, it must consider requiring the Secretary of State to provide a summary of the material to every party to the proceedings (and every party's legal representative);

(e) that the relevant court is required to ensure that such a summary does not contain material the disclosure of which would be contrary to the public interest.

(2) Rules of court relating to TPIM proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Secretary of State—

(a) does not receive the permission of the relevant court to withhold material, but elects not to disclose it, or

(b) is required to provide a party to the proceedings with a summary of material that is withheld, but elects not to provide the summary.

(3) The relevant court must be authorised—

(a) if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State's case or support the case of a party to the proceedings, to direct that the Secretary of State—

(i) is not to rely on such points in the Secretary of State's case, or

(ii) is to make such concessions or take such other steps as the court may specify, or

(b) in any other case, to ensure that the Secretary of State does not rely on the material or (as the case may be) on that which is required to be summarised.

(4) In this paragraph—

(a) references to a party to the proceedings do not include the Secretary of State;

(b) references to a party's legal representative do not include a person appointed as a special advocate.

Article 6 rights U.K.

5 (1) Nothing in paragraphs 2 to 4, or in rules of court made under any of those paragraphs, is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention. U.K.

(2) The “Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).

Rules of court: anonymity U.K.

6 (1) Rules of court relating to TPIM proceedings or appeal proceedings may make provision for— U.K.

(a) the making by the Secretary of State or the relevant individual of an application to the court for an order requiring anonymity for that individual, and

(b) the making by the court, on such an application, of an order requiring such anonymity;

and the provision made by the rules may allow the application and the order to be made irrespective of whether any other TPIM proceedings have been begun in the court.

(2) Rules of court may provide for the Court of Appeal or the Inner House of the Court of Session to make an order in connection with any appeal proceedings requiring anonymity for the relevant individual.

(3) In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the relevant individual are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure—

(a) by such persons as the court specifies or describes, or

(b) by persons generally,

of the identity of the relevant individual or of any information that would tend to identify the relevant individual.

(4) In this paragraph “relevant individual” means an individual on whom the Secretary of State is proposing to impose, or has imposed, measures.

Initial exercise of rule-making powers by Lord Chancellor U.K.

7 (1) The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by this Schedule in relation to proceedings in England and Wales or in Northern Ireland, the rules may be made by the Lord Chancellor instead of by the person who would otherwise make them. U.K.

(2) Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult—

(a) in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales;

(b) in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(3) But the Lord Chancellor is not required to undertake any other consultation before making the rules.

(4) A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act.

(5) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease to have effect at the end of that period.

(6) In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(7) If rules cease to have effect in accordance with sub-paragraph (5)—

(a) that does not affect anything done in previous reliance on the rules, and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(8) The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure for civil procedure rules);

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 (statutory rules procedure).

(9) Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.

Use of advisers U.K.

8 (1) In any TPIM proceedings or appeal proceedings the relevant court may if it thinks fit— U.K.

(a) call in aid one or more advisers appointed for the purposes of this paragraph by the Lord Chancellor, and

(b) hear and dispose of the proceedings with the assistance of the adviser or advisers.

(2) The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of—

(a) the Lord President of the Court of Session, in relation to an adviser who may be called in aid wholly or mainly in Scotland;

(b) the Lord Chief Justice of Northern Ireland, in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland;

(c) the Lord Chief Justice of England and Wales, in any other case.

(3) Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1).

(4) The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.

9 (1) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise the function under paragraph 8(2)(a). U.K.

(2) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8(2)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8(2)(c).

Appointment of special advocate U.K.

10 (1) The appropriate law officer may appoint a person to represent the interests of a party in any TPIM proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded. U.K.

(2) A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as a “special advocate”.

(3) The “appropriate law officer” is—

(a) in relation to proceedings in England and Wales, the Attorney General;

(b) in relation to proceedings in Scotland, the Advocate General for Scotland;

(c) in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

(4) A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent.

(5) A person may be appointed as a special advocate only if—

(a) in the case of an appointment by the Attorney General, the person has a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990;

(b) in the case of an appointment by the Advocate General for Scotland, the person is an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980;

(c) in the case of an appointment by the Advocate General for Northern Ireland, the person is a member of the Bar of Northern Ireland.

Section 24

SCHEDULE 5 U.K. Powers of entry, search, seizure and retention

Introductory U.K.

1 U.K. This Schedule confers powers of entry, search, seizure and retention on constables in connection with the imposition of measures on individuals.

2 U.K. A power conferred on a constable by virtue of this Schedule—

(a) is additional to powers which the constable has at common law or by virtue of any other enactment, and

(b) is not to be taken as affecting those powers.

3 U.K. A constable may detain an individual for the purpose of carrying out a search of that individual under a power conferred by virtue of this Schedule.

4 U.K. A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred on the constable by virtue of this Schedule.

Entry and search for purposes of serving TPIM notice U.K.

5 (1) For the purpose of serving a relevant notice on an individual, a constable may— U.K.

(a) enter any premises where the constable has reasonable grounds for believing the individual to be, and

(b) search those premises for that individual.

(2) A “relevant notice” means—

(a) a TPIM notice;

(b) a notice under section 5(2) extending a TPIM notice;

(c) a notice under section 12(1) varying a TPIM notice as mentioned in paragraph (c) of that subsection; or

(d) a notice under section 13(1) reviving a TPIM notice.

Search of individual or premises at time of serving TPIM notice U.K.

6 (1) This paragraph applies if a TPIM notice is being, or has just been, served on an individual. U.K.

(2) A constable may (without a warrant)—

(a) search the individual for the purpose mentioned in sub-paragraph (3);

(b) enter and search, for that purpose, any premises mentioned in sub-paragraph (4).

(3) The purpose is that of ascertaining whether there is anything on the individual, or (as the case may be) in the premises, that contravenes measures specified in the TPIM notice.

(4) The premises referred to in sub-paragraph (2)(b) are—

(a) the individual's place of residence;

(b) other premises to which the individual has power to grant access.

(5) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—

(a) for the purpose of ascertaining whether measures specified in the TPIM notice are being or are about to be contravened by the individual;

(b) for the purpose of securing compliance by the individual with measures specified in the TPIM notice;

(c) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

Weapons and explosives measure U.K.

[F21 6A (1) The Secretary of State may impose on the individual—

(a) a prohibition on possessing offensive weapons, imitation firearms or explosives;

(b) a prohibition on making an application for a firearm certificate or a shot gun certificate.

(2) In sub-paragraph (1)(a)—

• “offensive weapon” means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);

• “imitation firearm” has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));

• “explosive” means anything that is—

  (a)

  an explosive within the meaning of the Explosives Act 1875, or

  (b)

  an explosive substance within the meaning of the Explosive Substances Act 1883.

(3) For the purposes of sub-paragraph (1)(b)—

(a) an application for a firearm certificate is an application under section 26A of the Firearms Act 1968 or article 4 of the Firearms (Northern Ireland) Order 2004;

(b) an application for a shot gun certificate is an application under section 26B of the Firearms Act 1968.]

Textual Amendments

F21 Sch. 1 para. 6A and preceding cross-heading inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6) , ss. 18 , 52(5)

Search of premises on suspicion of absconding U.K.

7 (1) This paragraph applies if a constable reasonably suspects that an individual in respect of whom a TPIM notice is in force has absconded. U.K.

(2) The constable may (without a warrant) enter and search any premises mentioned in sub-paragraph (3)—

(a) for the purposes of determining whether the individual has absconded;

(b) if it appears that the individual has absconded, for anything that may assist in the pursuit and arrest of the individual.

(3) The premises referred to in sub-paragraph (2) are—

(a) the individual's place of residence;

(b) other premises to which the individual has power to grant access;

(c) any premises to which the individual had power to grant access and with which there is reason to believe that the individual is or was recently connected.

(4) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—

(a) if the constable reasonably believes that the thing will assist in the pursuit or arrest of the individual;

(b) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

Search for compliance purposes U.K.

8 (1) A constable may apply for the issue of a warrant under this paragraph for the purpose of determining whether an individual in respect of whom a TPIM notice is in force is complying with measures specified in the notice. U.K.

(2) A warrant under this paragraph may authorise a constable to do either or both of the following—

(a) to search the individual;

(b) to enter and search the individual's place of residence or any other premises that are specified in the warrant.

(3) An application for a warrant under this paragraph must be made to the appropriate judicial authority.

(4) The appropriate judicial authority may, on such an application, grant the warrant only if satisfied that the warrant is necessary for the purpose mentioned in sub-paragraph (1).

(5) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by a warrant issued under this paragraph—

(a) for the purpose of ascertaining whether any measure specified in the TPIM notice has been, is being, or is about to be, contravened by the individual;

(b) for the purpose of securing compliance by the individual with measures specified in the TPIM notice;

(c) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(6) In this paragraph “appropriate judicial authority”, in relation to a warrant, means—

(a) a justice of the peace, if the application for the warrant is made in England or Wales;

(b) the sheriff, if the application is made in Scotland;

(c) a lay magistrate, if the application is made in Northern Ireland.

9 (1) This paragraph applies in relation to a warrant issued in England, Wales or Northern Ireland under paragraph 8 so far as it authorises a constable to search an individual. U.K.

(2) In relation to warrants issued under that paragraph so far as authorising the entry and search of premises, see—

(a) sections 15 and 16 of the Police and Criminal Evidence Act 1984, in relation to warrants issued in England and Wales;

(b) Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), in relation to warrants issued in Northern Ireland.

(3) The constable applying for the warrant must—

(a) state the ground on which the application is made, and

(b) identify, so far as practicable, the articles to be sought.

(4) The application for the warrant is to be made without notice and—

(a) if made in England or Wales, supported by an information in writing;

(b) if made in Northern Ireland, supported by a complaint in writing and substantiated on oath.

(5) The constable must answer on oath any questions that the appropriate judicial authority (within the meaning of paragraph 8) hearing the application may ask of the constable.

(6) If the warrant is issued it authorises a search of the individual on one occasion only.

(7) The warrant must—

(a) specify the name of the constable applying for it, the date on which it is issued and the fact that it is issued under paragraph 8, and

(b) identify, so far as practicable, the articles to be sought.

(8) Two copies must be made of the warrant and clearly certified as copies.

(9) The warrant may be executed by any constable.

(10) The search under the warrant must be carried out within 28 days of its issue.

(11) The search must be carried out at a reasonable hour unless it appears to the constable executing the warrant that the purposes of the search may be frustrated if carried out then.

(12) The constable seeking to execute the warrant must, before carrying out the search—

(a) identify himself or herself to the individual,

(b) if not in uniform, produce documentary evidence that he or she is a constable to the individual,

(c) produce the warrant to the individual, and

(d) supply the individual with a copy of the warrant (which, in Northern Ireland, must be a certified copy).

(13) The constable executing the warrant must make an endorsement on it stating—

(a) whether anything sought was found in the course of the search, and

(b) whether anything was seized.

(14) When the warrant has been executed it must be returned to the designated officer.

(15) The designated officer must retain a warrant returned under sub-paragraph (14) for a period of 12 months from the time of its return and, if requested during that period, allow the individual to inspect it.

(16) The “designated officer” is—

(a) in relation to a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace who issued the warrant was acting when it was issued;

(b) in relation to a warrant issued in Northern Ireland, the clerk [F27 of petty sessions].

Textual Amendments

F27 Words in Sch. 5 para. 9(16)(b) substituted (N.I.) (31.10.2016) by Justice Act (Northern Ireland) 2015 (c. 9), s. 106(2), Sch. 1 para. 139; S.R. 2016/387, art. 2(k) (with art. 3)

Search of individual for public safety purposes U.K.

10 (1) A constable may (without a warrant) search an individual in respect of whom a TPIM notice is in force for the purpose of ascertaining whether the individual is in possession of anything that could be used to threaten or harm any person. U.K.

(2) The power of a constable to search the individual under this paragraph may be exercised—

(a) following entry onto premises by virtue of this Act, or

(b) at any other time when the constable is in the presence of the individual.

(3) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—

(a) if the constable has reasonable grounds for suspecting that the thing may be used to threaten or harm any person;

(b) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed.

Power to retain items U.K.

11 (1) Anything that is seized under a power conferred by virtue of this Schedule may be— U.K.

(a) subjected to tests;

(b) retained for as long as is necessary in all the circumstances.

(2) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence; and

(b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(3) Nothing may be retained for either of the purposes mentioned in sub-paragraph (2)(a) if a photograph or copy would be sufficient for that purpose.

(4) Nothing in this paragraph or in paragraph 12 affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

12 (1) This paragraph applies if— U.K.

(a) a device is surrendered by virtue of a condition of the kind mentioned in paragraph 7(4)(e) of Schedule 1 (surrendering of electronic communication devices for inspection or modification purposes), and

(b) a constable has reasonable grounds for believing that the device is or contains evidence in relation to an offence.

(2) The device may be seized and retained for as long as is necessary in all the circumstances.

(3) In particular—

(a) the thing may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence; and

(b) if a constable has reasonable grounds for believing that the device has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(4) Nothing may be retained for either of the purposes mentioned in sub-paragraph (3)(a) if a photograph or copy would be sufficient for that purpose.

Section 25

SCHEDULE 6 U.K. Fingerprints and samples

Taking of fingerprints and samples: England, Wales and Northern Ireland U.K.

1 (1) This paragraph applies at any time when a TPIM notice is in force in respect of an individual in England, Wales or Northern Ireland. U.K.

(2) A constable may take fingerprints or a non-intimate sample from the individual—

(a) with the consent of the individual given in writing, or

(b) without that consent.

(3) A constable may use reasonable force, if necessary, for the purpose of exercising the power under sub-paragraph (2)(b).

(4) Before any fingerprints or a non-intimate sample are taken the individual must be informed—

(a) of the reason for taking the fingerprints or sample,

(b) of the fact that the fingerprints or sample are taken under the power conferred by this paragraph, and

(c) that the fingerprints or sample may be the subject of a relevant search.

(5) The matters mentioned in sub-paragraph (4) must be recorded as soon as practicable after the fingerprints or non-intimate sample are taken.

(6) The information mentioned in sub-paragraph (4) must be given by—

(a) the constable taking the fingerprints or non-intimate sample, or

(b) if the fingerprints or non-intimate sample are taken at a police station (see paragraph 3), any other officer.

(7) Where a sample of hair other than pubic hair is to be taken under this paragraph, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

2 (1) A constable may exercise the power under paragraph 1 to take fingerprints or a non-intimate sample from an individual only if at the time when the power is to be exercised— U.K.

(a) in the case of fingerprints, the condition in sub-paragraph (2) is met;

(b) in the case of a sample, the condition in sub-paragraph (3) is met.

(2) The condition in the case of fingerprints is that—

(a) the individual has not had fingerprints taken under paragraph 1 on a previous occasion after the time on which the present TPIM notice came into force, or

(b) fingerprints were so taken on a previous occasion after that time but—

(i) the fingerprints taken do not constitute a complete set of the individual's fingerprints, or

(ii) some or all of the fingerprints taken are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(3) The condition in the case of a non-intimate sample is that—

(a) the individual has not had a sample of the same type and from the same part of the body taken under paragraph 1 on a previous occasion after the time on which the present TPIM notice came into force, or

(b) a sample was so taken on a previous occasion after that time but it proved insufficient.

(4) In this paragraph “the present TPIM notice” means the TPIM notice in force at the time when it is proposed to exercise the power to take the fingerprints or sample.

3 (1) A constable may— U.K.

(a) require an individual to attend a police station for the purposes of taking fingerprints or a non-intimate sample from the individual under paragraph 1, and

(b) arrest without warrant an individual who fails to comply with such a requirement.

(2) A requirement under sub-paragraph (1)(a)—

(a) must give the individual a period of at least 7 days within which the individual must attend the police station (subject to sub-paragraph (4)), and

(b) may direct the individual to attend at a specified time of day or between specified times of day.

(3) In specifying a period or time or times of day for the purposes of sub-paragraph (2), the constable must consider whether the fingerprints or non-intimate sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 10 of Schedule 1).

(4) In giving a requirement under this paragraph a constable may specify a period of shorter than 7 days if—

(a) there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence, and

(b) the shorter period is authorised by an officer of at least the rank of inspector.

(5) Where an authorisation is given under sub-paragraph (4)(b)—

(a) the fact of the authorisation, and

(b) the reasons for giving it,

must be recorded as soon as practicable after it has been given.

(6) If the constable who gives a requirement to an individual under this paragraph and the individual agree, it may be varied so as to specify any period within which, or date or time at which, the individual must attend; but a variation does not have effect unless confirmed by the constable in writing.

Taking of relevant physical data and samples: Scotland U.K.

4 (1) This paragraph applies at any time when a TPIM notice is in force in respect of an individual in Scotland. U.K.

(2) A constable may—

(a) take from the individual, or require the individual to provide, any relevant physical data;

(b) with the authority of an officer of a rank no lower than inspector, take from the individual any sample mentioned in paragraph (a), (b) or (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 (prints, samples etc in criminal investigations) by the means specified in that paragraph in relation to the sample;

(c) take, or direct a police custody and security officer to take, from the individual a sample mentioned in subsection (6A) of that section by the means specified in that subsection.

(3) A constable may—

(a) require the individual to attend a police station for the purposes mentioned in sub-paragraph (2), and

(b) arrest without warrant an individual who fails to comply with such a requirement.

(4) A requirement under sub-paragraph (3)(a)—

(a) must give the individual at least 7 days' notice of the date on which the individual is required to attend the police station, and

(b) may direct the individual to attend at a specified time of day or between specified times of day.

(5) In specifying a date or time or times of day for the purposes of sub-paragraph (4), the constable must consider whether the relevant physical data or sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 10 of Schedule 1).

(6) A constable may use reasonable force, if necessary, in—

(a) taking any relevant physical data under sub-paragraph (2)(a),

(b) securing compliance with a requirement imposed by the constable under that sub-paragraph, or

(c) taking any sample under sub-paragraph (2)(b).

(7) A constable may, with the authority of an officer of a rank no lower than inspector, use reasonable force, if necessary, in taking any sample under sub-paragraph (2)(c).

Checking of fingerprints, samples etc U.K.

5 U.K. Any fingerprints, data or samples obtained under paragraph 1 or 4, or information derived from such samples, may be checked against—

(a) other such fingerprints, data or samples or any information derived from such a sample,

(b) any fingerprints or samples taken under paragraph 10 or 12 of Schedule 8 to the Terrorism Act 2000 or any information derived from such a sample,

(c) any relevant physical data taken or provided by virtue of paragraph 20 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,

(d) material to which section 18 of the Counter-Terrorism Act 2008 applies,

(e) any fingerprints, samples or information mentioned in section 63A(1)(a) or (b) of the Police and Criminal Evidence Act 1984,

(f) any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995,

(g) any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003, and

(h) any fingerprints, samples or information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

Requirement to destroy material U.K.

6 (1) This paragraph applies to— U.K.

(a) fingerprints taken under paragraph 1,

(b) a DNA profile derived from a DNA sample taken under that paragraph,

(c) relevant physical data taken or provided under paragraph 4,

(d) a DNA profile derived from a DNA sample taken under that paragraph.

(2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful.

(3) In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9 or 11.

(4) Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it.

(5) Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

7 (1) If fingerprints or relevant physical data are required by paragraph 6 to be destroyed, any copies of the fingerprints or data held by a police force must also be destroyed. U.K.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the individual to whom the DNA profile relates.

Retention of paragraph 6 material U.K.

8 (1) This paragraph applies to paragraph 6 material taken from, or provided by, an individual who has no previous convictions or (in the case of England and Wales or Northern Ireland) only one exempt conviction. U.K.

(2) The material may be retained until the end of the period of 6 months beginning with the date on which the TPIM notice that was in force when the material was taken ceases to be in force (subject to sub-paragraphs (3) and (4)).

(3) If, before the end of that period, the TPIM notice is quashed by the court under this Act, the material may be retained only until there is no possibility of an appeal against—

(a) the decision to quash the notice, or

(b) any decision made on an appeal against that decision.

(4) If, after a TPIM notice is quashed or otherwise ceases to be in force, measures are imposed on the individual (whether by the revival of a TPIM notice or the imposition of a new TPIM notice)—

(a) within the period for which material in relation to the individual is retained by virtue of sub-paragraph (2), or

(b) within, or immediately after the end of, the period for which such material is retained by virtue of sub-paragraph (3),

sub-paragraphs (2) and (3) apply again for the purposes of the retention of that material (taking references to the TPIM notice as references to the revived or new TPIM notice).

(5) In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (3), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

9 (1) This paragraph applies to paragraph 6 material taken from, or provided by, an individual— U.K.

(a) who has been convicted of a recordable offence (other than a single exempt conviction) or of an offence in Scotland which is punishable by imprisonment, or

(b) who is so convicted before the end of the period within which the material may be retained by virtue of paragraph 8.

(2) The material may be retained indefinitely.

10 (1) For the purposes of paragraphs 8 and 9 an individual is to be treated as having been convicted of an offence if— U.K.

(a) in relation to a recordable offence in England and Wales or Northern Ireland—

(i) the individual has been given a caution in respect of the offence which, at the time of the caution, the individual has admitted,

(ii) the individual has been found not guilty of the offence by reason of insanity,[F28 or

(iii) the individual has been found to be under a disability and to have done the act charged in respect of the offence, F29 ...

F29 ( iv ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the individual, in relation to an offence in Scotland punishable by imprisonment, has accepted or has been deemed to accept—

(i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995,

(ii) a compensation offer under section 302A of that Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the individual, in relation to an offence in Scotland punishable by imprisonment, has been acquitted on account of the individual's insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a finding in respect of the individual has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment,

(e) the individual, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in connection with an offence in Scotland punishable by imprisonment, has paid—

(i) the fixed penalty, or

(ii) (as the case may be) the sum which the individual is liable to pay by virtue of section 131(5) of that Act, or

(f) the individual, in relation to an offence in Scotland punishable by imprisonment, has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) Paragraphs 8, 9 and this paragraph, so far as they relate to individuals convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

[F30 (2A) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.]

(3) For the purposes of paragraphs 8 and 9—

(a) an individual has no previous convictions if the individual has not previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in Scotland of an offence which is punishable by imprisonment, and

(b) if the individual has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the individual was aged under 18.

(4) In sub-paragraph (3) “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12)).

(5) If an individual is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 8 or 9 whether the individual has been convicted of one offence.

Textual Amendments

F28 Word in Sch. 6 para. 10(1)(a)(ii) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 32(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)

F29 Sch. 6 para. 10(1)(a)(iv) and preceding word omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 24 para. 32(b) (with s. 135(4) ); S.I. 2013/453 , art. 4(f)

F30 Sch. 6 para. 10(2A) inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 5 (with s. 97); S.I. 2013/1814, art. 2(k)

11 (1) Paragraph 6 material may be retained for as long as a national security determination made by the responsible chief officer of police has effect in relation to it. U.K.

(2) A national security determination is made if the responsible chief officer of police determines that it is necessary for any paragraph 6 material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be in writing,

(b) has effect for a maximum of 2 years beginning with the date on which the determination is made, and

(c) may be renewed.

Textual Amendments

F28 Word in Sch. 6 para. 10(1)(a)(ii) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 32(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)

Requirement to destroy samples U.K.

12 (1) This paragraph applies to— U.K.

(a) non-intimate samples taken under paragraph 1, or

(b) samples taken under paragraph 4(2)(b) or (c).

(2) Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that the taking of the sample was unlawful.

(3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies.

(4) A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.

(5) Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.

(6) Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

Use of retained material U.K.

13 (1) Any material to which paragraph 6 or 12 applies must not be used other than— U.K.

(a) in the interests of national security,

(b) for the purposes of a terrorist investigation within the meaning of the Terrorism Act 2000 (see section 32 of that Act),

(c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(d) for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2) Material which is required by paragraph 6 or 12 to be destroyed must not at any time after it is required to be destroyed be used—

(a) in evidence against the individual to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(3) In this paragraph—

(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

Interpretation U.K.

14 U.K. In this Schedule—

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body and consists of or includes human cells;

• “fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;

• “non-intimate sample” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;

• “paragraph 6 material” has the meaning given by paragraph 6(2);

• “police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

  (c)

  the City of London police force;

  (d)

  [F31 the Police Service of Scotland;]

  (e)

  F32 ...

  (f)

  the Police Service of Northern Ireland;

  (g)

  the Police Service of Northern Ireland Reserve;

  (h)

  the Ministry of Defence Police;

  (i)

  the Royal Navy Police;

  (j)

  the Royal Military Police;

  (k)

  the Royal Air Force Police;

  (l)

  the British Transport Police;

• “recordable offence” has—

  (a)

  in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and

  (b)

  in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

• “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

• “relevant search” means a search carried out for the purpose of checking any fingerprints, samples, data or information against any of the fingerprints, samples, data or information mentioned in paragraph 5(a) to (h);

• “responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area—

  (a)

  in which the material concerned was taken, or

  (b)

  in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, the chief constable of the [F33 Police Service of Scotland];

• “ responsible chief officer of police ” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland;

• “sufficient” and “ insufficient ”, in relation to a sample, have the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65(1) and (2) of that Act).

Textual Amendments

F31 Words in Sch. 6 para. 14 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(a)(i)

F32 Words in Sch. 6 para. 14 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(a)(ii)

F33 Words in Sch. 6 para. 14 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(b)

Section 29

[F33 SCHEDULE 7 U.K. Minor and consequential amendments

Part 1 U.K. General

Senior Courts Act 1981 U.K.

1 U.K. In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen's Bench Division)—

(a) omit sub-paragraph (ba), and

(b) after sub-paragraph (bc) insert—

“(bd) all TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011);”.

Police and Criminal Evidence Act 1984 U.K.

2 U.K. In Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.

Criminal Justice Act 1988 U.K.

3 U.K. In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriages of justice)—

(a) omit paragraph (d), and

(b) at the end of paragraph (e) insert “; or

(f) on an appeal under Schedule 3 to the Terrorism Prevention and Investigation Measures Act 2011.”.

Regulation of Investigatory Powers Act 2000 U.K.

4 (1) Section 18 of the Regulation of Investigatory Powers Act 2000 (exceptions to exclusion of intercepted communications etc from legal proceedings) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit paragraph (da), and

(b) after paragraph (dc) insert—

“(dd) any TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011) or any proceedings arising out of such proceedings;”.

(3) In subsection (2)—

(a) for “(da)” (before “to (f)”) substitute “(db)”,

(b) omit paragraph (za), and

(c) after paragraph (zb) insert—

“(zc) in the case of proceedings falling within paragraph (dd), to—

(i) a person, other than the Secretary of State, who is or was a party to the proceedings, or

(ii) any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate under Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011) represents a person falling within sub-paragraph (i);”.

Counter-Terrorism Act 2008 U.K.

5 (1) The Counter-Terrorism Act 2008 is amended as follows. U.K.

(2) In section 1 (power to remove documents for examination), in subsection (1)—

(a) omit paragraph (e);

(b) after paragraph (f) insert—

“(g) paragraphs 6, 7, 8 or 10 of Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011.”.

(3) Omit sections 10 to 13 (power to take fingerprints and samples from person subject to control order).

(4) Omit sections 78 to 81 (provision in relation to control orders).

Crime and Security Act 2010 U.K.

6 (1) The Crime and Security Act 2010 is amended as follows. U.K.

(2) In section 6(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence Act 1984, omit paragraphs 4 and 12.

(3) In section 12(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence (Northern Ireland) Order 1989, omit paragraphs 4 and 12.

(4) Omit section 20 (material subject to the Counter-Terrorism Act 2008 (Scotland)).

(5) Omit—

(a) section 56 (persons subject to control orders: powers of search and seizure), and

(b) section 58(16) (extent of section 56).

Part 2 U.K. Northern Ireland

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) U.K.

7 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows. U.K.

(2) In Article 26(2) (offences for which an arrest may be made without a warrant in Northern Ireland), in paragraph (o), for “section 9(3) of the Prevention of Terrorism Act 2005” substitute “ section 23(1) of the Terrorism Prevention and Investigation Measures Act 2011 ”.

(3) In Schedule 2A (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.

Section 29

SCHEDULE 8 U.K. Transitional and saving provision

Saving of control orders during transitional period U.K.

1 U.K. A control order which is in force immediately before commencement is to remain in force until the end of the transitional period (unless revoked or quashed before the end of that period).

Savings during and after transitional period U.K.

2 (1) An enactment which is amended or repealed by this Act is to continue to apply after commencement in relation to— U.K.

(a) control orders made before commencement, and

(b) the operation before commencement of the PTA 2005,

as if the enactment had not been so amended or repealed.

(2) Sub-paragraph (1) is subject to paragraph 3 (2) and (3).

Savings etc for court proceedings U.K.

3 (1) The repeal of the PTA 2005 by this Act does not, after commencement, prevent or otherwise affect— U.K.

(a) the court's consideration of a reference made under section 3(3)(a) of the PTA 2005 before commencement;

(b) the holding or continuation of any hearing in pursuance of directions under section 3(2)(c) or (6)(b) or (c) of the PTA 2005;

(c) the bringing or continuation of any appeal under section 10(1) or (3) of the PTA 2005;

(d) the bringing or continuation of any appeal, or further appeal, relating to a decision in any proceedings mentioned in any of sub-paragraphs (a) to (c) of this sub-paragraph; or

(e) the bringing or continuation of any proceedings for an award of damages or other relief arising out of any such proceedings.

(2) But, after commencement, proceedings mentioned in any of sub-paragraphs (a) to (d) of sub-paragraph (1) (whether the proceedings began before or after commencement) may not have a purpose other than determining whether one or more of the following should be quashed—

(a) a certificate of the kind mentioned in section 3(8) of the PTA 2005;

(b) a control order;

(c) the renewal of a control order; or

(d) an obligation imposed by a control order.

(3) Except as permitted by sub-paragraphs (1) and (2), no control order proceedings (within the meaning of section 11(6) of the PTA 2005) may be entertained after commencement.

New powers not affected by previous control order U.K.

4 U.K. The Secretary of State's powers under this Act in relation to an individual are not affected by a control order having been made in relation to that individual.

Last report on exercise of powers under PTA 2005 U.K.

5 (1) Section 14(1) of the PTA 2005 applies to the period that— U.K.

(a) begins immediately after the end of the last relevant 3 month period to end before commencement, and

(b) ends immediately before commencement,

as if that period were a relevant 3 month period.

(2) In this paragraph “relevant 3 month period” has the same meaning as in section 14 of the PTA 2005.

Last review of operation of PTA 2005 U.K.

6 (1) Section 14(3) of the PTA 2005 does not apply to the last PTA review year. U.K.

(2) But section 14(3) applies to the period that—

(a) begins with the start of the last PTA review year, and

(b) ends immediately before commencement,

as if that period were a PTA review year.

(3) In this paragraph—

• “last PTA review year” means the last PTA review year to end before commencement;

• “PTA review year” means a period determined in accordance with section 14(3)(b) of the PTA 2005.

Savings of PTA 2005 not affected by expected expiry U.K.

7 U.K. The fact that sections 1 to 9 of the PTA 2005 would have expired (but for their repeal by this Act) by virtue of section 13 of the PTA 2005 at a time after commencement does not prevent those sections from continuing to apply in accordance with, or for the purposes of, any other provision of this Schedule after the time when those sections would have so expired.

First review of operation of Act U.K.

8 (1) The review carried out under section 20(2) in respect of the first review year must also include a review in respect of so much of the preceding calendar year as falls on or after commencement (but for the purposes of section 20(3) that part of the review is to be treated as relating the first review year). U.K.

(2) In this paragraph “first review year” means the first complete calendar year beginning after the passing of this Act.

Interpretation U.K.

9 U.K. In this Schedule—

• “commencement” means the coming into force of this Act;

• “control order” has the same meaning as in the PTA 2005;

• “PTA 2005” means the Prevention of Terrorism Act 2005;

• “transitional period” means the period of 42 days that begins with the day of commencement.

Appointments measure U.K.

[F22 10A (1) The Secretary of State may impose a requirement for the individual—

(a) to attend appointments with specified persons or persons of specified descriptions, and

(b) to comply with any reasonable directions given by the Secretary of State that relate to matters about which the individual is required to attend an appointment.

(2) A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—

(a) at specified times and places, or

(b) at times and places notified to the individual by persons referred to in that sub-paragraph].]]

Textual Amendments

F22 Sch. 1 para. 10A and preceding cross-heading inserted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6) , ss. 19 , 52(5)