Counter-Terrorism and Sentencing Act 2021

35 TPIMs: extension of time limit U.K.

(1) The Terrorism Prevention and Investigation Measures Act 2011 (the “2011 Act”) is amended in accordance with subsections (2) to (6).

(2) For the italic heading before section 5, substitute “ Duration of measures ”.

(3) In section 5 (two year limit for TPIM notices)—

(a) in subsection (3)(b), for “only one occasion” substitute “ up to four occasions ”;

(b) in the heading, for “Two” substitute “ Five ”.

(4) In section 12 (variation of measures), in subsection (9)(a), for “without being extended under section 5(2)” substitute “ as mentioned in section 13(6)(a) ”.

(5) In section 13 (revocation and revival of TPIM notice)—

(a) in subsection (6)(a)—

(i) the words “without being extended under section 5(2)” become sub-paragraph (i);

(ii) at the end of that sub-paragraph (i) insert “, or

(ii) having been extended under section 5(2) on fewer than four occasions,”;

(b) in subsection (7)(b), at the end insert “ (and regardless of how many times it has been so extended) ”;

(c) in subsection (9)—

(i) omit the “and” at the end of paragraph (a);

(ii) after paragraph (b) insert “; and

(c) is treated as having been extended under section 5(2) on the same number of occasions (if any) as on which the revived notice had been so extended.”

(6) In section 14 (replacement of quashed TPIM notice), for subsection (3) substitute—

“(3) The replacement TPIM notice is to be treated as having been extended under section 5(2) on the same number of occasions (if any) as on which the overturned notice had been so extended (including any extension that was quashed).”

(7) The amendments made by this section do not apply in relation to—

(a) a TPIM notice served before the day on which this section comes into force, or

(b) a replacement TPIM notice served on or after that day in a case where—

(i) the overturned notice to which it relates was served before that day, and

(ii) the Secretary of State has not made a determination under section 14(6)(b) of the 2011 Act (certain provisions not to apply as if replacement notice was continuation of original notice) in relation to the replacement TPIM notice.

(8) In subsection (7)—

• “TPIM notice” has the meaning given by section 2(1) of the 2011 Act;

• “replacement TPIM notice” and “overturned notice” have the meanings given by section 14(7) of that Act.