Terrorism Prevention and Investigation Measures Bill

Page 1, line 6, at beginning insert “The court may on the application of”

Page 1, line 6, leave out “may by notice (a “TPIM notice”)”

Page 1, line 8, leave out “E” and insert “C”

Page 1, line 13, leave out subsection (3)

Page 22, line 5, at end insert—

A1 (1) The Secretary of State may impose restrictions on the individual in relation to the residence in which the individual resides.

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

(a) a requirement to reside at a specified residence;

(b) a requirement not to allow others to reside at that residence without the permission of the Secretary of State;

(c) a requirement, applicable between such hours as are specified, to remain at the specified residence.

(a) may be in any locality in the United Kingdom that appears to the Secretary of State to be appropriate;

(b) may be a residence provided by or on behalf of the Secretary of State.

(a) the condition that the individual remains overnight at other agreed premises between such hours as the Secretary of State may require;

(b) the condition that the individual complies with such other restrictions in relation to the individual’s movements whilst away from the specified residence as may be so required.

(a) the generality of sub-paragraph (7) of paragraph 14 (power to impose conditions when granting permission), or

(b) the power to impose further conditions under that sub-paragraph in connection with permission granted by virtue of sub-paragraph (5) of this paragraph.

Page 22, line 7, leave out “Secretary of State” and insert “court”

Page 22, line 9, leave out “Secretary of State” and insert “court”

Page 1, line 16, leave out “the Secretary of State reasonably believes that”

Page 1, line 19, leave out subsection (2)

Page 2, line 1, leave out from beginning to second “that” and insert “Condition B is”

Page 2, line 5, leave out from beginning to second “that” and insert “Condition C is”

Page 2, line 10, leave out subsection (5)

Page 2, line 15, leave out subsection (6)

Leave out Clause 5

Page 3, leave out lines 10 to 15 and insert—

“Preliminary hearing of the application

(1) The application must set out a list of the proposed measures.”

Page 3, line 16, leave out subsection (3) and insert—

“(3) The function of the court on the application is to determine—

(a) whether condition A is satisfied on the civil standard of proof; and

(b) which, if any, of the proposed measures satisfy conditions B and C.”

Page 3, line 29, leave out subsections (6) to (10) and insert—

“(5A) At the conclusion of the hearing the court—

(a) may make an order for service on the individual specifying the measures to be imposed; and

(b) must give directions for a further hearing (a “directions hearing”) to be held within 7 days of the service of the order, if any, on the individual.

(5B) The individual is to be given the opportunity to attend a directions hearing.”

Leave out Clause 7

Leave out Schedule 2

Page 4, line 6, leave out subsections (1) and (2)

Page 4, line 19, leave out subsection (4)

Page 4, line 27, leave out subsection (7)

Page 4, line 27, at end insert—

“( ) Directions under subsection (5) must provide for information to be provided to the court at the review hearing concerning the progress of the criminal investigation into the individual’s involvement in terrorism-related activity.”

Page 4, line 34, leave out from beginning to end of line 20 on page 5 and insert “court shall—

(a) hear any representations by or on behalf of the individual; and

(b) reconsider the order made at the preliminary hearing.

(2) At the conclusion of the review hearing the court shall have power to—

(a) affirm the order;

(b) quash the order; or

(c) quash or vary the measures imposed under the order.”

Insert the following new Clause—

“Time limit on measures under section 2

(1) Measures imposed under section 2 shall remain in force for the period of one year, or such lesser period as the court shall determine.

(2) Measures may be renewed for a further period of one year, and no more, on a further application to the court if the court is satisfied on the civil burden of proof that the individual has been involved in terrorist related activity since the imposition of the original measures.”

Leave out Clause 26

Leave out Clause 27

Insert the following new Clause—

“Repeal of paragraph A1 of Schedule 1

(1) The “residence measure” specified in paragraph A1 of Schedule 1 shall continue in force until a date not earlier than the 31st December 2012.

(2) Subject to subsection (1), the Secretary of State may, by order, repeal paragraph A1 of Schedule 1.

(3) An order made under subsection (2) shall be made by statutory instrument subject to an affirmative resolution in each House of Parliament.

(4) Paragraph 1 of Schedule 1—

(a) shall come into force in the event of paragraph A1 being repealed;

(b) may not come into force while paragraph A1 is in force.”

Page 21, line 35, at beginning insert “Subject to section (Repeal of paragraph A1 of Schedule 1)(4),”

Page 21, line 35, at end insert—

“( ) This Act expires at the end of the period of 1 year beginning with the day on which it commences.

( ) The Secretary of State may, by order, revive the Act if a draft of such an order is laid before and approved by an affirmative resolution of both Houses of Parliament.

( ) An order under this section expires a year after the day on which it is made.

( ) An order made by the Minister under this section is to be made by statutory instrument.”