Section 5: Two year limit for TPIM notices.
67.This section makes provision for when a TPIM notice comes into force, how long it will remain in force and for how long it can be extended. Subsection (1)(b) specifies that a TPIM notice remains in force for a year, and subsection (1)(a) that the year begins from the date on which it is served or from a later date which may be specified in the notice. The purpose of subsection (1)(a) is to ensure that the one year period does not begin before the measures imposed by the notice have effect on the individual. An example might be a case in which a TPIM notice is prepared in contingency, or for other reasons in advance of its service, or in which it is served in advance of the time when it is intended to come into force. An example of when a TPIM notice might be prepared (and permission sought) on a contingency basis is a case where the individual who would be subject to the TPIM notice is overseas but is expected to travel to the UK, and the Secretary of State considers it necessary to prepare a TPIM notice to be served immediately on his or her arrival in the UK (but is not sure exactly when that will be).
68.Subsections (2) and (3) provide that the Secretary of State may, after a TPIM notice has been in force for a year, extend it for a further year (but may only do so once). The notice may only be extended if the Secretary of State continues to: reasonably believe that the individual is or has been involved in terrorism-related activity (condition A); and reasonably consider both that it is necessary to impose measures on the individual (condition C) and that it is necessary to impose the measures specified in the TPIM notice (condition D).
69.Subsection (4) provides that the operation of the two-year time limit is subject, in particular, to the exceptions and provisions in sections 13 and 14. As noted above, this section also interacts with condition B in section 3.
