New regime to protect the public from terrorism

1 Abolition of control orders

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orders) is repealed.

2 5Imposition of terrorism prevention and investigation measures

(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
10requirements, 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.

3 15Conditions A to E

(1) Condition A is that the Secretary of State reasonably believes 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
5a 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
10terrorism 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
15requires 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
20the 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
25force most recently.

4 Involvement in terrorism-related activity

(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) 30conduct 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
35known or believed by the individual concerned to be involved in
conduct falling within paragraphs (a) to (c);

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
40involvement in terrorism-related activity occurs before or after the coming into
force of this Act.

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

5 Two year limit for TPIM notices

(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
5year 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) 10This 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

6 Prior permission of the court

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

(a) 15makes 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) 20to 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) 25The 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
30to 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
35that 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
40subsection (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) 5condition C; and

(d) condition D.

7 Urgent cases: reference to the court etc

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

8 Directions hearing

(1) 10This 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
15measures 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 is to be held within the period of 7 days beginning with the
relevant day, and

(b) 20which the individual is to have the opportunity to attend.

(3) The court may, if the individual agrees, postpone the directions hearing so that
it takes place after the end of that period of 7 days.

(4) In a case where this section applies because the court gives permission under
section 6, directions given under subsection (1) may not be served on the
25individual unless the TPIM notice has been served on that individual.

(5) 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.

(6) Directions under subsection (5) must provide for the review hearing to be held
30as soon as reasonably practicable.

(7) 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
35confirms the TPIM notice.

9 Review hearing

(1) On a review hearing held in compliance with directions under section 8(5), 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) 40In 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
5subsection (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) 10power 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
15must 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) 20condition A;

(b) condition B;

(c) condition C; and

(d) condition D.

Consultation requirements

10 25Criminal investigations into terrorism-related activity

(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) 30imposing 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
35terrorism.

(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
40such 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) 5secure 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
10paragraph (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
15the 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,
20the 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) 25In 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)

  30in relation to a police force maintained under the Police
  (Scotland) Act 1967, means the chief constable of that force;

  (c)

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

  (d)

  in relation to the Serious Organised Crime Agency, means the
  35Director General of that Agency; and

  (e)

  in relation to the Scottish Crime and Drug Enforcement Agency,
  means the Director General of that Agency;

• “police force” means—

  (a)

  a police force maintained for a police area in England and
  40Wales;

  (b)

  a police force maintained under the Police (Scotland) Act 1967;

  (c)

  the Police Service of Northern Ireland;

  (d)

  the Serious Organised Crime Agency; or

  (e)

  the Scottish Crime and Drug Enforcement Agency.

Review of ongoing necessity

11 Review of ongoing necessity

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.

5Changes concerning TPIM notices

12 Variation of measures

(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) 10the 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
15Secretary 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) 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.

(5) The power under subsection (1) is exercisable whether or not an application
20has been made under subsection (2).

(6) 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
25the 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.

(7) 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
30TPIM notice as they would be after the exercise of the power under subsection
(1).

13 Revocation and revival of TPIM notices

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

(2) 35The 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) 40The 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”) revive a TPIM notice
which—

(a) 5has 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
10previously 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
15given 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) 20for 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 25Replacement of TPIM notice that is quashed etc

(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
30directions 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
35overturned 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
40overturned 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) 5In 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
  10measures 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

(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,
15includes—

(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
20specified 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
25the 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
30exercising 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

16 35Appeals

(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) 40the 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