consent of the individual to whom the TPIM notice relates (see section
12(1)(c))—

(a) the individual may appeal to the court against the variation; and

(b) the function of the court on such an appeal is to review the Secretary of
5State’s decisions that the variation was necessary, and continues to be
necessary, for purposes connected with preventing or restricting
involvement by the individual in terrorism-related activity.

(3) If the individual to whom a TPIM notice relates makes an application to the
Secretary of State for the variation of measures specified in the TPIM notice (see
10section 12(2))—

(a) the individual may appeal to the court against any decision by the
Secretary of State on the application; and

(b) the function of the court on such an appeal is to review the Secretary of
State’s decisions that the measures to which the application relates
15were necessary, and continue to be necessary, for purposes connected
with preventing or restricting involvement by the individual in
terrorism-related activity.

(4) If the individual to whom a TPIM notice relates makes an application to the
Secretary of State for the revocation of the TPIM notice (see section 13(3))—

(a) 20the individual may appeal to the court against any decision by the
Secretary of State on the application; and

(b) the 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.

(5) 25If the individual to whom a TPIM notice relates makes an application to the
Secretary of State for permission—

(a) the individual may appeal to the court against any decision by the
Secretary of State on the application (including any decision about
conditions to which permission is subject); and

(b) 30the function of the court on such an appeal is to review the decision.

(6) In determining the matters mentioned in subsections (1) to (5) the court must
apply the principles applicable on an application for judicial review.

(7) The only powers of the court on an appeal under this section are—

(a) power to quash the extension or revival of the TPIM notice;

(b) 35power 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 the TPIM notice specifies;

(d) power to give directions to the Secretary of State in relation to
40permission or conditions to which permission is subject.

(8) If the court does not exercise any of its powers under subsection (7), it must
dismiss the appeal.

(9) In this section “permission” means permission for the purposes of measures
specified in a TPIM notice (see, in particular, paragraph 13 of Schedule 1).

17 45Jurisdiction in relation to decisions under this Act

(1) TPIM decisions are not to be questioned in any legal proceedings other than—

(a) proceedings in the court; or

(b) proceedings on appeal from such proceedings.

(2) The court is the appropriate tribunal for the purposes of section 7 of the Human
Rights Act 1998 in relation to proceedings all or any part of which call a TPIM
5decision into question.

(3) In this Act “TPIM decision” means—

(a) a decision made by the Secretary of State in exercise or performance of
any power or duty under any of sections 2 to 15 or under Schedule 1 or
2;

(b) 10a decision made by the Secretary of State for the purposes of, or in
connection with, the exercise or performance of any such power or
duty;

(c) a decision by a constable to give a direction by virtue of paragraph 4 of
Schedule 1 (movement directions measure);

(d) 15a decision by a person to give a direction by virtue of paragraph
12(2)(d) of Schedule 1 (monitoring measure).

18 Proceedings relating to measures

(1) No appeal shall lie from any determination of the court in TPIM proceedings,
except on a question of law.

(2) 20No appeal by any person other than the Secretary of State shall lie from any
determination—

(a) on an application for permission under section 6; or

(b) on a reference under Schedule 2.

(3) Schedule 4 (proceedings relating to measures) has effect.

25Other safeguards

19 Reports on exercise of powers under Act

(1) The Secretary of State must—

(a) prepare a report about the exercise of the powers mentioned in
subsection (2) during each period of 3 months beginning with the
30month in which this Act is passed, and

(b) lay a copy of each such report before Parliament.

(2) The powers referred to in subsection (1) are the powers of the Secretary of State
under this Act—

(a) to impose measures on an individual by a TPIM notice under section 2;

(b) 35to extend a TPIM notice under section 5(2);

(c) to vary a TPIM notice under section 12;

(d) to revoke a TPIM notice under section 13(1);

(e) to revive a TPIM notice under section 13(6).

(3) The duty under subsection (1) in relation to the preparation and laying of a
40report must be carried out as soon as reasonably practicable after the end of the
3 month period to which the report relates.

20 Reviews of operation of Act

(1) The Secretary of State must appoint a person to review the operation of this Act
(“the independent reviewer”).

(2) The independent reviewer must carry out a review of the operation of this Act
5in respect of each calendar year, starting with the first complete calendar year
beginning after the passing of this Act.

(3) Each review must be completed as soon as reasonably practicable after the end
of the calendar year to which the review relates.

(4) The independent reviewer must send to the Secretary of State a report on the
10outcome of each review carried out under subsection (2) as soon as reasonably
practicable after completion of the review.

(5) The Secretary of State must lay a copy of any report received under subsection
(4) before Parliament.

(6) The Secretary of State may pay to the independent reviewer—

(a) 15expenses incurred in carrying out the functions of the reviewer under
this section, and

(b) such allowances as the Secretary of State determines.

Enforcement

21 Offence

(1) 20An individual is guilty of an offence if—

(a) a TPIM notice is in force in relation to the individual, and

(b) the individual contravenes, without reasonable excuse, any measure
specified in the TPIM notice.

(2) If the individual has the permission of the Secretary of State by virtue of
25Schedule 1 for an act which would, without that permission, contravene such
a measure, the individual contravenes that measure by virtue of that act if the
act is not in accordance with the terms of the permission.

(3) An individual guilty of an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding
305 years or to a fine, or to both;

(b) on summary conviction, to imprisonment for a term not exceeding 6
months or to a fine not exceeding the statutory maximum, or to both.

(4) Where an individual is convicted by or before a court of an offence under
subsection (1), it is not open to that court to make in respect of the offence—

(a) 35an order under section 12(1)(b) of the Powers of Criminal Courts
(Sentencing) Act 2000 (conditional discharge);

(b) an order under section 227A of the Criminal Procedure (Scotland) Act
1995 (community payback orders); or

(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland)
40Order 1996 (S.I. 1996/3160 (N.I. 24)S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern
Ireland).

22 Powers of entry etc

Schedule 5 (powers of entry, search, seizure and retention) has effect.

23 Fingerprints and samples

Schedule 6 (fingerprints and samples) has effect.

5Final provisions

24 Notices

(1) In a case where the Secretary of State serves a TPIM notice, a revival notice or
an extension notice on an individual, the Secretary of State must, by a further
notice, give the following information to the individual—

(a) 10the period for which the TPIM notice will be in force;

(b) the day on which the TPIM notice comes, or came, into force; and

(c) the day on which the TPIM notice will expire;

and, in the case of a revival or extension notice, “TPIM notice” means the TPIM
notice which is revived or extended by that notice.

(2) 15An individual is not bound by—

(a) a TPIM notice,

(b) a revival notice, or

(c) a variation notice insofar as it gives notice of a variation that is neither
a relaxation or removal of measures, nor a variation with the
20individual’s consent,

unless the notice is served personally on the individual.

(3) An individual is not bound by an extension notice unless the notice is—

(a) served personally on the individual, and

(b) so served before the TPIM notice to which it relates would otherwise
25expire.

(4) Any of the following notices must be served on the individual to whom the
notice relates—

(a) a revocation notice;

(b) a variation notice insofar as subsection (2)(c) does not apply to it;

(c) 30a confirmation notice.

(5) Any of the following notices may be proved by the production of a document
purporting to be certified by the Secretary of State as a true copy of the notice—

(a) a TPIM notice;

(b) an extension notice;

(c) 35a revocation notice;

(d) a revival notice;

(e) a variation notice;

(f) a confirmation notice.

(6) But that does not prevent the proof of such a notice in other ways.

(7) 40In this section—

• “confirmation notice” means a notice given under subsection (1);

Terrorism Prevention and Investigation Measures BillPage 14

• “extension notice” means a notice under section 5(2);

• “revival notice” has the same meaning as in section 13(6);

• “revocation notice” has the same meaning as in section 13(1);

• “variation notice” has the same meaning as in section 12(1).

25 5Financial and supplemental provision

(1) The Secretary of State may enter into such contracts and other arrangements
with other persons as the Secretary of State considers appropriate for securing
their assistance in connection with any monitoring, by electronic or other
means, that the Secretary of State considers needs to be carried out in
10connection with measures specified in TPIM notices.

(2) The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred by the Secretary of State or Lord Chancellor
by virtue of this Act, and

(b) any increase attributable to this Act in the sums payable under any
15other Act out of money so provided.

(3) Schedule 7 (minor and consequential amendments) has effect.

(4) Schedule 8 (transitional and saving provision) has effect.

26 Interpretation etc

(1) In this Act—

• 20“act” and “conduct” include omissions and statements;

• “act of terrorism” includes anything constituting an action taken for the
  purposes of terrorism, within the meaning of the Terrorism Act 2000
  (see section 1(5) of that Act);

• “condition A”, “condition B”, “condition C”, “condition D” or “condition
  25E” means that condition as set out in section 3;

• “court” means—

  (a)

  in the case of proceedings relating to an individual whose
  principal place of residence is in Scotland, the Outer House of
  the Court of Session;

  (b)

  30in the case of proceedings relating to an individual whose
  principal place of residence is in Northern Ireland, the High
  Court in Northern Ireland;

  (c)

  in any other case, the High Court in England and Wales;

• “measures” means terrorism prevention and investigation measures
  35(which has the meaning given in section 2);

• “notice” means notice in writing;

• “terrorism” has the same meaning as in the Terrorism Act 2000 (see
  section 1(1) to (4) of that Act);

• “terrorism-related activity”, and “involvement” (in relation to such
  40activity), are to be construed in accordance with section 4;

• “TPIM decision” has the meaning given in section 17;

• “TPIM notice” has the meaning given in section 2(1);

• “TPIM proceedings” means—

  (a)

  proceedings on an application for permission under section 6;

  (b)

  45proceedings on a reference under Schedule 2;

  Terrorism Prevention and Investigation Measures BillPage 15

  (c)

  proceedings on a directions hearing held in accordance with
  directions under section 8(1);

  (d)

  proceedings on a review hearing held in accordance with
  directions under section 8(5);

  (e)

  5proceedings on an appeal under section 16;

  (f)

  proceedings by virtue of section 17(2);

  (g)

  proceedings on an application made by virtue of rules of court
  made under paragraph 6 of Schedule 4 (application for order
  requiring anonymity);

  (h)

  10any other proceedings for questioning a TPIM decision
  (including any claim for damages or other relief arising out of
  such a decision).

(2) In a case where—

(a) a TPIM notice has come into force in relation to an individual, and

(b) 15by virtue of the coming into force of that TPIM notice, terrorism-related
activity which occurred before the coming into force of that notice has
ceased to be new terrorism related activity (within the meaning of
section 3(6)) in relation to that individual for the purposes of that
section,

20the Secretary of State is not prevented from taking account of that activity for
the purposes of the continued imposition, or subsequent imposition, of
measures on that individual.

(3) For the purposes of the definition of “new terrorism-related activity” in section
3, if a TPIM notice is revived under section 13(6), a reference to the notice
25coming into force is a reference to it coming into force by virtue of section 5(1)
(and not to it coming back into force by virtue of section 13(9)).

(4) For the purpose of determining what measures may be imposed on an
individual, it is immaterial whether the involvement in terrorism-related
activity to be prevented or restricted by the measures is connected with matters
30to which the Secretary of State’s belief for the purpose of condition A relates.

(5) A failure by the Secretary of State to consider an application by an individual
for—

(a) the revocation of a TPIM notice, or

(b) the variation of measures specified in a TPIM notice,

35is to be treated as a decision by the Secretary of State not to revoke, or not to
vary, the TPIM notice.

(6) Subsections (2) to (5) apply for the purposes of this Act.

27 Short title, commencement and extent

(1) This Act may be cited as the Terrorism Prevention and Investigation Measures
40Act 2011.

(2) This Act comes into force on the day after the day on which it is passed.

(3) This Act extends to England and Wales, Scotland and Northern Ireland.

(4) Her Majesty may by Order in Council direct that this Act is to extend, with such
modifications as appear to Her Majesty to be appropriate, to the Isle of Man.

SCHEDULES

Section 2

SCHEDULE 1 Terrorism prevention and investigation measures

Part 1 5Measures

Overnight residence measure

1 (1) The Secretary of State may impose either or both of the following—

(a) a requirement, applicable overnight or at particular times overnight,
for the individual to remain at a specified residence;

(b) 10restrictions, applicable overnight or at particular times overnight, on
the individual’s movements outside a specified residence.

(2) The Secretary of State may, in particular, impose any of the following
requirements—

(a) a requirement to remain at the specified residence—

(i) 15unless undertaking movements outside that residence in
accordance with restrictions under this paragraph, or

(ii) unless specified conditions are met;

(b) a requirement not to undertake specified movements, or movements
of specified descriptions, outside the specified residence unless
20specified conditions are met.

(3) The specified residence must be—

(a) premises that are the individual’s own residence, or

(b) other premises provided by or on behalf of the Secretary of State that
are situated in an appropriate locality or an agreed locality.

(4) 25An “appropriate locality” is—

(a) a locality in the United Kingdom in which the individual has a
residence;

(b) if the individual has no such residence, a locality in the United
Kingdom with which the individual has a connection;

(c) 30if the individual has no such residence or connection, any locality
that appears to the Secretary of State to be appropriate.

(5) An “agreed locality” is a locality in the United Kingdom which is agreed by
the Secretary of State and the individual.

(6) If the specified residence is provided to the individual by or on behalf of the
35Secretary of State, the Secretary of State may require the individual to

comply with any specified terms of occupancy of that residence (which may
be specified by reference to a lease or other document).

(7) The Secretary of State must specify the time for which a requirement or
restriction under sub-paragraph (1) is applicable.

(8) 5In imposing a requirement under sub-paragraph (1)(a) the Secretary of State
must include provision allowing the individual to stay at premises other
than the specified residence for the whole or part of any particular overnight
period if the Secretary of State grants permission to do so.

(9) The Secretary of State may grant such permission subject to the condition
10that the individual remains at the other premises between such hours as the
Secretary of State may require (in addition to any other conditions that may
be imposed under paragraph 13(7)).

Travel measure

2 (1) The Secretary of State may impose restrictions on the individual leaving a
15specified area or travelling outside that area.

(2) The specified area must be one of the following areas—

(a) the United Kingdom (in any case);

(b) Great Britain (if the individual’s place of residence is in Great
Britain);

(c) 20Northern Ireland (if the individual’s place of residence is in
Northern Ireland).

(3) The Secretary of State may, in particular, impose any of the following
requirements—

(a) a requirement not to leave the specified area without the permission
25of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before leaving
that area;

(c) a requirement not to possess or otherwise control, or seek to obtain,
any travel document without the permission of the Secretary of State;

(d) 30a requirement to surrender any travel document that is in the
possession or control of the individual.

(4) “Travel document” means—

(a) the individual’s passport, or

(b) any ticket or other document that permits the individual to make a
35journey by any means—

(i) from the specified area to a place outside that area, or

(ii) between places outside the specified area.

(5) “Passport” means any of the following—

(a) a United Kingdom passport (within the meaning of the Immigration
40Act 1971);

(b) a passport issued by or on behalf of the authorities of a country or
territory outside the United Kingdom, or by or on behalf of an
international organisation;

(c) a document that can be used (in some or all circumstances) instead
45of a passport.

Exclusion measure

3 (1) The Secretary of State may impose restrictions on the individual entering—

(a) a specified area or place, or

(b) a place or area of a specified description.

(2) 5The Secretary of State may, in particular, impose any of the following
requirements in respect of a specified area or place or a specified description
of an area or place—

(a) a requirement not to enter without the permission of the Secretary of
State;

(b) 10a requirement to give notice to the Secretary of State before entering;

(c) a requirement not to enter unless other specified conditions are met.

Movement directions measure

4 (1) The Secretary of State may impose a requirement for the individual to
comply with directions given by a constable in respect of the individual’s
15movements (which may, in particular, include a restriction on movements).

(2) A constable may give such directions only for the purpose of securing
compliance—

(a) with other specified measures, or

(b) with a condition imposed under this Act requiring the individual to
20be escorted by a constable.

(3) Directions may not remain in effect for a period that is any longer than the
constable giving the directions considers necessary for the purpose
mentioned in sub-paragraph (2); but that period may not in any event be a
period of more than 24 hours.

25Financial services measure

5 (1) The Secretary of State may impose restrictions on the individual’s use of, or
access to, such descriptions of financial services as are specified.

(2) The Secretary of State may, in particular, impose any of the following
requirements—

(a) 30a requirement not to hold any accounts, without the permission of
the Secretary of State, other than the nominated account (see sub-
paragraph (3));

(b) a requirement to close, or to cease to have an interest in, accounts;

(c) a requirement to comply with specified conditions in relation to the
35holding of any account (including the nominated account) or any
other use of financial services;

(d) a requirement not to possess, or otherwise control, cash over a total
specified value without the permission of the Secretary of State.

(3) The Secretary of State must allow the individual to hold (at least) one
40account (the “nominated account”) if—

(a) the individual gives notice to the Secretary of State of the holding of
the nominated account, and

(b) the account is held with a bank.

(4) In sub-paragraph (3) “bank” means an institution which is incorporated in,
or formed under the law of, any part of the United Kingdom and which has
permission under Part 4 of the Financial Services and Markets Act 2000 to
carry on the regulated activity of accepting deposits (within the meaning of
5section 22 of that Act, taken with Schedule 2 to that Act and any order under
section 22 of that Act).

(5) The reference in sub-paragraph (2)(d) to possessing or otherwise controlling
cash does not include any cash that is held in an account with a person
providing financial services (in accordance with any requirements imposed
10under this paragraph).

(6) In sub-paragraph (2)(d) “cash” means—

(a) coins and notes in any currency,

(b) postal orders,

(c) cheques of any kind, including travellers’ cheques,

(d) 15bankers’ drafts,

(e) bearer bonds and bearer shares, and

(f) such other kinds of monetary instrument as may be specified.

(7) A reference in this paragraph to the individual holding an account is a
reference to an account held with a person providing financial services—

(a) 20that is in the individual’s name or is held for the individual’s benefit
(whether held solely in the individual’s name or jointly with one or
more other persons); or

(b) in respect of which the individual has power of attorney or can
otherwise exercise control.

(8) 25In this paragraph “financial services” means any service of a financial
nature, including (but not limited to) banking and other financial services
consisting of—

(a) accepting deposits and other repayable funds;

(b) lending (including consumer credit and mortgage credit);

(c) 30payment and money transmission services (including credit, charge
and debit cards).

Property measure

6 (1) The Secretary of State may impose either or both of the following—

(a) restrictions on the individual in relation to the transfer of property to,
35or by, the individual, or

(b) requirements on the individual in relation to the disclosure of
property.

(2) The Secretary of State may, in particular, impose any of the following
requirements—

(a) 40a requirement not to transfer money or other property to a person or
place outside the United Kingdom without the permission of the
Secretary of State;

(b) a requirement to give notice to the Secretary of State before
transferring money or other property to a person or place outside the
45United Kingdom;

(c) a requirement to comply with any other specified conditions in
relation to the transfer of property to, or by, the individual;