Other safeguards

21Expiry and repeal of TPIM powers

C1C21

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

F1the 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—

    1. a

      the power to impose a TPIM notice under section 2;

    2. b

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

    3. c

      the power to vary a TPIM notice under section 12(1)(c) F2or (1A); and

    4. d

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