Terrorism Prevention and Investigation Measures Act 2011

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) [F1 the Investigatory Powers 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) [F2 or (1A)]; and

  (d)

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

Textual Amendments

F1 Words in s. 21(3)(b) substituted (1.9.2017) by Investigatory Powers Act 2016 (c. 25), s. 272(1), Sch. 10 para. 95 (with Sch. 9 paras. 7, 8, 10); S.I. 2017/859, reg. 2(j)

F2 Words in s. 21(8) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 36(4), 50(2)(s)

Modifications etc. (not altering text)

C1 TPIM powers do not expire and continue in force under s. 21(2)(c) until the end of 13.12.2021 (13.12.2016) by The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2016 (S.I. 2016/1166), arts. 1, 2