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Terrorism Prevention and Investigation Measures BillPage 20

(d) a requirement to disclose to the Secretary of State such details as may
be specified of any property that falls within sub-paragraph (3).

(3) Property falls within this sub-paragraph if it is property of a specified
description—

(a) 5in which the individual has an interest of any kind, or

(b) over which, or in relation to which, the individual may exercise any
right (including a right of use or a right to grant access).

(4) A reference in this paragraph to the transfer of property includes a reference
to the arrangement of such a transfer.

(5) 10In this paragraph “property” includes rights over, or in relation to, property
(including rights of use and rights to grant access); and a reference to the
transfer of property includes a reference to the acquisition or disposal of
such rights.

Electronic communication device measure

7 (1) 15The Secretary of State may impose either or both of the following—

(a) restrictions on the individual’s possession or use of electronic
communication devices;

(b) requirements on the individual in relation to the possession or use of
electronic communication devices by other persons in the
20individual’s residence.

(2) The Secretary of State may, in particular, impose—

(a) a requirement not to possess or use any devices without the
permission of the Secretary of State (subject to sub-paragraph (3));

(b) a requirement that a device may only be possessed or used subject to
25specified conditions.

(3) The Secretary of State must allow the individual to possess and use (at least)
one of each of the following descriptions of device (subject to any conditions
on such use as may be specified under sub-paragraph (2)(b))—

(a) a telephone operated by connection to a fixed line;

(b) 30a computer that provides access to the internet by connection to a
fixed line (including any apparatus necessary for that purpose);

(c) a mobile telephone that does not provide access to the internet.

(4) The conditions specified under sub-paragraph (2)(b) may, in particular,
include conditions in relation to—

(a) 35the type or make of a device (which may require the individual to use
a device that is supplied or modified by the Secretary of State);

(b) the manner in which, or the times at which, a device is used;

(c) the monitoring of such use;

(d) the granting to a specified description of person of access to the
40individual’s premises for the purpose of the inspection or
modification of a device;

(e) the surrendering to a specified description of person of a device on a
temporary basis for the purpose of its inspection or modification at
another place.

(5) 45An “electronic communication device” means any of the following—

Terrorism Prevention and Investigation Measures BillPage 21

(a) a device that is capable of storing, transmitting or receiving images,
sounds or information by electronic means;

(b) a component part of such a device;

(c) an article designed or adapted for use with such a device (including
5any disc, memory stick, film or other separate article on which
images, sound or information may be recorded).

(6) The devices within sub-paragraph (5)(a) include (but are not limited to)—

(a) computers,

(b) telephones (whether mobile telephones or telephones operated by
10connection to a fixed line),

(c) equipment (not within paragraph (a) or (b)) designed or adapted for
the purpose of connecting to the internet, and

(d) equipment designed or adapted for the purposes of sending or
receiving facsimile transmissions.

15Association measure

8 (1) The Secretary of State may impose restrictions on the individual’s
association or communication with other persons.

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

(a) 20a requirement not to associate or communicate with specified
persons, or specified descriptions of persons, without the permission
of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before
associating or communicating with other persons (whether at all or
25in specified circumstances);

(c) a requirement to comply with any other specified conditions in
connection with associating or communicating with other persons.

(3) An individual associates or communicates with another person if the
individual associates or communicates with that person by any means (and
30for this purpose it is immaterial whether the association or communication
is carried out by the individual in person or by or through another
individual or means).

Work or studies measure

9 (1) The Secretary of State may impose restrictions on the individual in relation
35to the individual’s work or studies.

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

(a) a requirement not to carry out without the permission of the
Secretary of State—

(i) 40specified work or work of a specified description, or

(ii) specified studies or studies of a specified description;

(b) a requirement to give notice to the Secretary of State before carrying
out any work or studies;

(c) a requirement to comply with any other specified conditions in
45connection with any work or studies.

Terrorism Prevention and Investigation Measures BillPage 22

(3) In this paragraph—

Reporting measure

10 (1) 5The Secretary of State may impose a requirement for the individual to report
to such a police station as the Secretary of State may by notice require at the
times and in the manner so required.

(2) Such a notice may, in particular, provide that a requirement to report to a
police station is not to apply if conditions specified in the notice are met.

10Photography measure

11 The Secretary of State may impose a requirement for the individual to allow
photographs to be taken of the individual at such locations and at such times
as the Secretary of State may by notice require.

Monitoring measure

12 (1) 15The Secretary of State may impose requirements for the individual to co-
operate with specified arrangements for enabling the individual’s
movements, communications or other activities to be monitored by
electronic or other means.

(2) The Secretary of State may, in particular, impose any of the following
20requirements for co-operation with the specified arrangements—

(a) a requirement to submit to procedures required by the
arrangements;

(b) a requirement to wear or otherwise use apparatus approved by or in
accordance with the arrangements;

(c) 25a requirement to maintain such apparatus in a specified manner;

(d) a requirement to comply with directions given by persons carrying
out functions for the purposes of the arrangements.

(3)
Directions under sub-paragraph (2)(d) may include directions requiring the
individual to grant access to the individual’s residence for the purpose of the
30inspection or modification of any apparatus used or maintained under the
arrangements.

Part 2 Permission and notices

Permission

13 (1) 35Any application by an individual for permission must be made in writing.

(2) The Secretary of State may by notice specify—

(a) the information to be supplied on an application, and

(b) the time by which the application is to be made.

(3) A notice under sub-paragraph (2) may make different provision for different
40measures.

Terrorism Prevention and Investigation Measures BillPage 23

(4) The Secretary of State may by notice request the provision, within such
period of time as the notice may specify, of further information from the
individual in connection with an application received under sub-paragraph
(1).

(5) 5The Secretary of State is not required to consider an application further
unless any information requested under sub-paragraph (4) is provided in
accordance with the notice mentioned in that sub-paragraph.

(6) Permission on an application is granted by the Secretary of State giving
notice to the individual.

(7) 10Permission may be granted subject to such conditions as the Secretary of
State may by notice specify.

(8) In this paragraph “permission” means permission in connection with a
requirement or restriction imposed under Part 1 of this Schedule.

Notices

14 (1) 15This paragraph applies for the purposes of any notice given by the
individual to the Secretary of State in connection with measures imposed
under Part 1 of this Schedule (“a Part 1 notice”).

(2) The Secretary of State may by notice specify—

(a) the information to be supplied in a Part 1 notice, and

(b) 20the time by which a Part 1 notice is to be given.

(3) A notice under sub-paragraph (2) may make different provision for different
measures.

(4) The Secretary of State may by notice request the provision, within such
period of time as the notice may specify, of further information from the
25individual in connection with a Part 1 notice received from the individual.

(5) A requirement on the individual to give a Part 1 notice is not complied with
unless and until the individual has received notice from the Secretary of
State—

(a) that the Part 1 notice has been received, and

(b) 30that no (or no further) information is required under sub-paragraph
(4) in relation to the Part 1 notice.

Power of Secretary of State to vary or revoke notices

15 The Secretary of State may vary or revoke a notice given by the Secretary of
State under this Schedule.

Section 7

35SCHEDULE 2 Urgent cases: reference to the court etc

Application

1 This Schedule applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

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(b) imposes measures on the individual.

Statement of urgency

2 The TPIM notice must include a statement that the Secretary of State
reasonably considers that the urgency of the case requires measures to be
5imposed without obtaining the permission of the court under section 6.

Reference to court

3 (1) Immediately after serving the TPIM notice, the Secretary of State must refer
to the court the imposition of the measures on the individual.

(2) The function of the court on the reference is to consider whether the relevant
10decisions of the Secretary of State were obviously flawed.

(3) The court’s consideration of the reference must begin within the period of 7
days beginning with the day on which the TPIM notice is served on the
individual.

(4) The court may consider the reference—

(a) 15in the absence of the individual;

(b) without the individual having been notified of the reference; and

(c) without the individual having been given an opportunity (if the
individual was aware of the reference) of making any
representations to the court.

(5) 20But that does not limit the matters about which rules of court may be made.

Decision by court

4 (1) In a case where the court determines that a decision of the Secretary of State
that condition A, condition B or condition C is met is obviously flawed, the
court must quash the TPIM notice.

(2) 25In a case where the court determines that a decision of the Secretary of State
that condition D is met is obviously flawed, the court must quash those of
the measures which it determines that decision relates to.

(3) If sub-paragraph (1) does not apply, the court must confirm the TPIM notice
(subject to any quashing of measures under sub-paragraph (2)).

(4) 30If the court determines that the Secretary of State’s decision that the urgency
condition is met is obviously flawed, the court must make a declaration of
that determination (whether it quashes or confirms the TPIM notice under
the preceding provisions of this paragraph).

Procedures on reference

5 (1) 35In determining a reference under paragraph 3, the court must apply the
principles applicable on an application for judicial review.

(2) The court must ensure that the individual is notified of the court’s decision
on a reference under paragraph 3.

Terrorism Prevention and Investigation Measures BillPage 25

Interpretation

6 (1) References in this Schedule to the urgency condition being met are
references to condition E being met by virtue of section 3(5)(b) (urgency of
the case requires measures to be imposed without obtaining the permission
5of the court).

(2) In this Schedule “relevant decisions” means the decisions that the following
conditions are met—

(a) condition A;

(b) condition B;

(c) 10condition C;

(d) condition D;

(e) the urgency condition.

Section 15

SCHEDULE 3 Appeals against convictions

1 15An individual who has been convicted of an offence under section 21(1) may
appeal against the conviction if—

(a) a TPIM notice, the extension of a TPIM notice, or the revival of a
TPIM notice is quashed, or measures specified in a TPIM notice are
quashed; and

(b) 20the individual could not have been convicted had the quashing
occurred before the proceedings for the offence were brought.

2 An appeal under this Schedule is to be made—

(a) in the case of a conviction on indictment in England and Wales or
Northern Ireland, to the Court of Appeal;

(b) 25in the case of a conviction on indictment or summary conviction in
Scotland, to the High Court of Justiciary;

(c) in the case of a summary conviction in England and Wales, to the
Crown Court; or

(d) in the case of a summary conviction in Northern Ireland, to the
30county court.

3 (1) The right of appeal under this Schedule does not arise until there is no
further possibility of an appeal against—

(a) the decision to quash the notice, extension, revival or measures, or

(b) any decision on an appeal made against that decision.

(2) 35In determining whether there is no further possibility of an appeal against a
decision of the kind mentioned in sub-paragraph (1), any power to extend
the time for giving notice of application for leave to appeal, or for applying
for leave to appeal, must be ignored.

4 (1) On an appeal under this Schedule to any court, that court must allow the
40appeal and quash the conviction.

(2) An appeal under this Schedule to the Court of Appeal against a conviction
on indictment—

Terrorism Prevention and Investigation Measures BillPage 26

(a) may be brought irrespective of whether the appellant has previously
appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning
with the day on which the right of appeal arises by virtue of
5paragraph 3; and

(c) is to be treated as an appeal under section 1 of the Criminal Appeal
Act 1968 or, in Northern Ireland, under section 1 of the Criminal
Appeal (Northern Ireland) Act 1980, but does not require leave in
either case.

(3) 10An appeal under this Schedule to the High Court of Justiciary against a
conviction on indictment—

(a) may be brought irrespective of whether the appellant has previously
appealed against the conviction;

(b) may not be brought after the end of the period of 28 days beginning
15with the day on which the right of appeal arises by virtue of
paragraph 3; and

(c) is to be treated as an appeal under section 106 of the Criminal
Procedure (Scotland) Act 1995 for which leave has been granted.

(4) An appeal under this Schedule to the High Court of Justiciary against a
20summary conviction—

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether the appellant has previously
appealed against the conviction;

(c) may not be brought after the end of the period of two weeks
25beginning with the day on which the right of appeal arises by virtue
of paragraph 3;

(d) is to be by note of appeal, which shall state the ground of appeal;

(e) is to be treated as an appeal for which leave has been granted under Part 10 of the Criminal Procedure (Scotland) Act 1995; and

(f) must be in accordance with such procedure as the High Court of
30Justiciary may, by Act of Adjournal, determine.

(5) An appeal under this Schedule to the Crown Court or to the county court in
Northern Ireland against a summary conviction—

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether he has previously appealed
35against the conviction or made an application in respect of the
conviction under section 111 of the Magistrates’ Courts Act 1980 or
Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981
(S.I. 1981/1675 (N.I. 26)S.I. 1981/1675 (N.I. 26)) (case stated);

(c) may not be brought after the end of the period of 21 days beginning
40with the day on which the right of appeal arises by virtue of
paragraph 3; and

(d) is to be treated as an appeal under section 108(1)(b) of that Act or, in
Northern Ireland, under Article 140(1)(b) of that Order.

Terrorism Prevention and Investigation Measures BillPage 27

Section 18

SCHEDULE 4 Proceedings relating to terrorism prevention and investigation measures

Introductory

1 In this Schedule—

15Rules of court: general provision

2 (1) A person making rules of court relating to TPIM proceedings or appeal
proceedings must have regard to the need to secure the following—

(a) that the decisions that are the subject of the proceedings are properly
reviewed, and

(b) 20that disclosures of information are not made where they would be
contrary to the public interest.

(2) Rules of court relating to TPIM proceedings or appeal proceedings may
make provision—

(a) about the mode of proof and about evidence in the proceedings;

(b) 25enabling or requiring the proceedings to be determined without a
hearing;

(c) about legal representation in the proceedings;

(d) enabling the proceedings to take place without full particulars of the
reasons for the decisions to which the proceedings relate being given
30to a party to the proceedings (or to any legal representative of that
party);

(e) enabling the relevant court to conduct proceedings in the absence of
any person, including a party to the proceedings (or any legal
representative of that party);

(f) 35about the functions of a person appointed as a special advocate (see
paragraph 10);

(g) enabling the court to give a party to the proceedings a summary of
evidence taken in the party’s absence.

(3) In this paragraph—

(a) 40references to a party to the proceedings do not include the Secretary
of State;

(b) references to a party’s legal representative do not include a person
appointed as a special advocate.

(4) Nothing in this paragraph is to be read as restricting the power to make rules
45of court or the matters to be taken into account when doing so.

Terrorism Prevention and Investigation Measures BillPage 28

Rules of court: disclosure

3 (1) Rules of court relating to TPIM proceedings or appeal proceedings must
secure that the Secretary of State is required to disclose—

(a) material on which the Secretary of State relies,

(b) 5material which adversely affects the Secretary of State’s case, and

(c) material which supports the case of another party to the proceedings.

(2) This paragraph is subject to paragraph 4.

4 (1) Rules of court relating to TPIM proceedings or appeal proceedings must
secure—

(a) 10that the Secretary of State has the opportunity to make an application
to the relevant court for permission not to disclose material
otherwise than to the relevant court and any person appointed as a
special advocate;

(b) that such an application is always considered in the absence of every
15party to the proceedings (and every party’s legal representative);

(c) that the relevant court is required to give permission for material not
to be disclosed if it considers that the disclosure of the material
would be contrary to the public interest;

(d) that, if permission is given by the relevant court not to disclose
20material, it must consider requiring the Secretary of State to provide
a summary of the material to every party to the proceedings (and
every party’s legal representative);

(e) that the relevant court is required to ensure that such a summary
does not contain material the disclosure of which would be contrary
25to the public interest.

(2) Rules of court relating to TPIM proceedings or appeal proceedings must
secure that provision to the effect mentioned in sub-paragraph (3) applies in
cases where the Secretary of State—

(a) does not receive the permission of the relevant court to withhold
30material, but elects not to disclose it, or

(b) is required to provide a party to the proceedings with a summary of
material that is withheld, but elects not to provide the summary.

(3) The relevant court must be authorised—

(a) if it considers that the material or anything that is required to be
35summarised might adversely affect the Secretary of State’s case or
support the case of a party to the proceedings, to direct that the
Secretary of State—

(i) is not to rely on such points in the Secretary of State’s case, or

(ii) is to make such concessions or take such other steps as the
40court may specify, or

(b) in any other case, to ensure that the Secretary of State does not rely
on the material or (as the case may be) on that which is required to
be summarised.

(4) In this paragraph—

(a) 45references to a party to the proceedings do not include the Secretary
of State;

(b) references to a party’s legal representative do not include a person
appointed as a special advocate.

Terrorism Prevention and Investigation Measures BillPage 29

Article 6 rights

5 (1) Nothing in paragraphs 2 to 4, or in rules of court made under any of those
paragraphs, is to be read as requiring the relevant court to act in a manner
inconsistent with Article 6 of the Human Rights Convention.

(2) 5The “Human Rights Convention” means the Convention within the
meaning of the Human Rights Act 1998 (see section 21(1) of that Act).

Rules of court: anonymity

6 (1) Rules of court relating to TPIM proceedings or appeal proceedings may
make provision for—

(a) 10the making by the Secretary of State or the relevant individual of an
application to the court for an order requiring anonymity for that
individual, and

(b) the making by the court, on such an application, of an order
requiring such anonymity;

15and the provision made by the rules may allow the application and the order
to be made irrespective of whether any other TPIM proceedings have been
begun in the court.

(2) Rules of court may provide for the Court of Appeal or the Inner House of the
Court of Session to make an order in connection with any appeal
20proceedings requiring anonymity for the relevant individual.

(3) In sub-paragraphs (1) and (2) the references, in relation to a court, to an order
requiring anonymity for the relevant individual are references to an order by
that court which imposes such prohibition or restriction as it thinks fit on the
disclosure—

(a) 25by such persons as the court specifies or describes, or

(b) by persons generally,

of the identity of the relevant individual or of any information that would
tend to identify the relevant individual.

(4) In this paragraph “relevant individual” means an individual on whom the
30Secretary of State is proposing to impose, or has imposed, measures.

Initial exercise of rule-making powers by Lord Chancellor

7 (1) The first time after the passing of this Act that rules of court are made in
exercise of the powers conferred by this Schedule in relation to proceedings
in England and Wales or in Northern Ireland, the rules may be made by the
35Lord Chancellor instead of by the person who would otherwise make them.

(2) Before making rules of court under sub-paragraph (1), the Lord Chancellor
must consult—

(a) in relation to rules applicable to proceedings in England and Wales,
the Lord Chief Justice of England and Wales;

(b) 40in relation to rules applicable to proceedings in Northern Ireland, the
Lord Chief Justice of Northern Ireland.

(3) But the Lord Chancellor is not required to undertake any other consultation
before making the rules.

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