Terrorism Prevention and Investigation Measures BillPage 10
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).
(1) TPIM decisions are not to be questioned in any legal proceedings other than—
Terrorism Prevention and Investigation Measures BillPage 11
(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).
(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.
(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.
Terrorism Prevention and Investigation Measures BillPage 12
(4)
Subject to subsection (5), this section does not require a report to be made in
relation to any time which falls after the Secretary of State’s TPIM powers have
expired or been repealed under section 21, except for the period of 28 days
referred to in section 22(2).
(5) 5If the Secretary of State’s TPIM powers are revived under section 21—
(a)
the reference in subsection (1)(a) above to the month in which this Act
is passed is to be read as a reference to the month in which the revival
takes effect; and
(b) this section applies accordingly.
(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
in respect of each calendar year, starting with the first complete calendar year
15beginning 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
outcome of each review carried out under subsection (2) as soon as reasonably
20practicable after completion of the review.
(5)
On receiving a report under subsection (4), the Secretary of State must lay a
copy of it before Parliament.
(6) The Secretary of State may pay to the independent reviewer—
(a)
expenses incurred in carrying out the functions of the reviewer under
25this section, and
(b) such allowances as the Secretary of State determines.
(7)
Subject to subsection (8), this section does not require a review to be carried out
in relation to any time which falls after the Secretary of State’s TPIM powers
have expired or been repealed under section 21, except for the period of 28 days
30referred to in section 22(2).
(8)
If the Secretary of State’s TPIM powers are revived under section 21, the
independent reviewer must carry out a review of the operation of this Act in
respect of—
(a) the period which—
(i) 35begins when the revival takes effect, and
(ii)
ends with the end of the calendar year in which the revival takes
effect; and
(b) each subsequent calendar year.
(9)
In such a case, this section and the other provisions of this Act apply as if
40references to a review under subsection (2) were references to a review under
subsection (8).
Terrorism Prevention and Investigation Measures BillPage 13
(1)
Except so far as otherwise provided under this section, the Secretary of State’s
TPIM powers expire at the end of 5 years beginning with the day on which this
Act is passed.
(2) 5The Secretary of State may, by order made by statutory instrument—
(a) repeal the Secretary of State’s TPIM powers;
(b)
at any time revive the Secretary of State’s TPIM powers for a period not
exceeding 5 years;
(c) provide that the Secretary of State’s TPIM powers—
(i)
10are not to expire at the time when they would otherwise expire
under subsection (1) or in accordance with an order under this
subsection; but
(ii)
are to continue in force after that time for a period not exceeding
5 years.
(3) 15Before making an order under this section the Secretary of State must consult—
(a) the independent reviewer appointed for the purposes of section 20;
(b) the Intelligence Services Commissioner; and
(c) the Director-General of the Security Service.
(4)
An order under this section may not be made unless a draft of it has been laid
20before Parliament and approved by a resolution of each House.
(5)
Subsection (4) does not apply to an order that contains a declaration by the
Secretary of State that the order needs, by reason of urgency, to be made
without the approval required by that subsection.
(6) An order that contains such a declaration—
(a) 25must be laid before Parliament after being made; and
(b)
if not approved by a resolution of each House before the end of 40 days
beginning with the day on which the order was made, ceases to have
effect at the end of that period.
(7)
Where an order ceases to have effect in accordance with subsection (6), that
30does not—
(a) affect anything previously done in reliance on the order; or
(b) prevent the making of a new order to the same or similar effect.
(8) In this section—
“40 days” means 40 days computed as provided for in section 7(1) of the
35Statutory Instruments Act 1946;
“Secretary of State’s TPIM powers” means—
the power to impose a TPIM notice under section 2;
the power to extend a TPIM notice under section 5(2);
the power to vary a TPIM notice under section 12(1)(c); and
40the power to revive a TPIM notice under section 13(6) to (9).
(1)
This section applies if the Secretary of State’s TPIM powers expire or are
repealed under section 21.
(2) A TPIM notice which is in force immediately before expiry or repeal is to—
Terrorism Prevention and Investigation Measures BillPage 14
(a)
continue in force for the period of 28 days beginning with expiry or
repeal; and
(b)
be treated as if revoked by the Secretary of State at the end of that
period.
(3) 5Subsection (2)(a) is subject to—
(a) any variation under section 12(1)(a) or (b), and
(b) any revocation or quashing.
(4)
Except as provided for in subsection (5) or (6), TPIM proceedings may neither
continue nor be begun after expiry or repeal.
(5)
10TPIM proceedings of a kind set out in subsection (7) may continue, or be begun,
after expiry or repeal, but only for the purpose of determining one or more of
the following matters—
(a) whether a TPIM notice should be quashed;
(b) whether measures imposed by a TPIM notice should be quashed;
(c) 15whether to make a declaration under paragraph 4(4) of Schedule 2.
(6)
Proceedings for an award of damages or other relief arising out of any TPIM
proceedings of a kind set out in subsection (7)(a) to (c) may continue, or be
begun, after expiry or repeal.
(7) The TPIM proceedings referred to in subsections (5) and (6) are—
(a)
20a reference made under paragraph 3 of Schedule 2 before expiry or
repeal;
(b) a hearing in pursuance of directions under section 8(2) or (5);
(c) an appeal under section 16;
(d)
an appeal, or further appeal, relating to a decision in any proceedings
25mentioned in any of paragraphs (a) to (c).
(8)
If, after expiry of the Secretary of State’s TPIM powers, the powers are revived
under section 21(2)(b)—
(a)
all TPIM notices, including any which were in force before expiry, are
to be taken into account in determining whether there is new terrorism-
30related activity for the purposes of section 3(6);
(b)
the expiry of those powers does not prevent them from being exercised
after revival in relation to any TPIM notice which—
(i)
expired or was revoked before the expiry of the powers or
during the relevant 28 day period, or
(ii)
35is, in accordance with subsection (2)(b) of this section, treated as
if revoked at the end of the relevant 28 day period;
and for this purpose “relevant 28 day period” means the period of 28
days beginning with the expiry of the powers that is mentioned in
subsection (2)(b).
(1) An 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
45specified in the TPIM notice.
Terrorism Prevention and Investigation Measures BillPage 15
(2)
If the individual has the permission of the Secretary of State by virtue of
Schedule 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) 5An individual guilty of an offence under subsection (1) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
5 years or to a fine, or to both;
(b)
on summary conviction in England and Wales or Northern Ireland, to
imprisonment for a term not exceeding 6 months or to a fine not
10exceeding the statutory maximum, or to both;
(c)
on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 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
15subsection (1), it is not open to that court to make in respect of the offence—
(a)
an 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)
20an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland)
Order 1996 (S.I. 1996/3160 (N.I. 24)S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern
Ireland).
Schedule 5 (powers of entry, search, seizure and retention) has effect.
Schedule 6 (fingerprints and samples) has effect.
(1)
If the Secretary of State considers that it is necessary to do so by reason of
30urgency, the Secretary of State may make a temporary enhanced TPIM order
during any period that—
(a) begins with the dissolution of Parliament, and
(b)
ends with the first Queen’s Speech of the Parliament which first meets
after that dissolution.
(2)
35A temporary enhanced TPIM order is an order which makes provision for, or
in connection with, giving the Secretary of State power to impose enhanced
measures by notice on individuals whom the Secretary of State is satisfied, on
the balance of probabilities, are, or have been, involved in terrorism-related
activity.
(3)
40An enhanced measure is a requirement, restriction or other provision which is
of any of the following kinds—
(a)
a restriction on an individual in relation to the residence in which the
individual resides, including—
Terrorism Prevention and Investigation Measures BillPage 16
(i)
a requirement to reside at a specified residence in the United
Kingdom;
(ii)
a requirement not to allow others to reside at that residence
without the permission of the Secretary of State;
(iii)
5a requirement, applicable between specified hours, to remain at
that residence;
(b) a restriction on an individual in relation to leaving a specified area;
(c)
a requirement, restriction or other provision which corresponds to
provision within any of these paragraphs of Schedule 1—
(i) 10paragraphs 2 to 6;
(ii) paragraph 7(1) and (2) and (4) to (6);
(iii) paragraphs 9 to 12;
(d)
a requirement, restriction or other provision which corresponds to
provision within paragraph 8(1) of Schedule 1 (as read with paragraph
158(3) of that Schedule), including—
(i)
a requirement not to associate or communicate with other
persons without the permission of the Secretary of State, which
includes provision allowing the individual (without seeking
permission) to associate and communicate with such persons or
20descriptions of persons as the Secretary of State may specify;
(ii)
a requirement to give notice to the Secretary of State before
associating or communicating with other persons, which
includes provision allowing the individual (without giving
notice) to associate and communicate with such persons, or
25descriptions of persons, as are specified.
(iii)
a requirement of the kind referred to in sub-paragraph (c) of
paragraph 8(2) of Schedule 1, which may in particular relate to
association or communication which is allowed by virtue of
provision of the kind referred to in sub-paragraph (i) or (ii)
30above;
(e) provision which corresponds to provision within Part 2 of Schedule 1;
and for this purpose “specified” means specified by the Secretary of State in an
enhanced TPIM notice.
(4)
Except as provided for in subsections (5) to (10), the provision made by a
35temporary enhanced TPIM order must correspond to the relevant provisions
of this Act.
(5) A temporary enhanced TPIM order—
(a)
must secure that enhanced TPIM notices and standard TPIM notices are
separate notices;
(b)
40must secure that, at any particular time, an enhanced TPIM notice and
a standard TPIM notice are not both in force in relation to a particular
individual; and
(c)
may secure that the application of a temporary enhanced TPIM order
to a particular individual does not affect the application of this Act to
45that individual (and vice versa).
(6)
The provision of a temporary enhanced TPIM order which corresponds to
section 3 must include appropriate variations from the provision contained in
that section to secure—
(a)
that condition A is replaced by a condition which secures that the
50enhanced TPIM power may not be exercised in relation to an individual
Terrorism Prevention and Investigation Measures BillPage 17
unless the Secretary of State is satisfied, on the balance of probabilities,
that the individual is, or has been, involved in terrorism-related
activity; and
(b) that condition D is replaced by a condition which secures both—
(i) 5the same result as condition D, and
(ii)
that the enhanced TPIM power may not be exercised in relation
to an individual unless some or all of the measures imposed by
the enhanced TPIM notice are measures that may not be
imposed by a standard TPIM notice.
(7)
10The provision of a temporary enhanced TPIM order which corresponds to
section 5(1) must include appropriate variations from the provision contained
in that subsection to secure that each enhanced TPIM notice ceases to be in
force at the time when the enhanced TPIM power ceases to have effect in
accordance with section 27(1) (subject to earlier revocation or quashing of the
15notice).
(8)
The provision of a temporary enhanced TPIM order which corresponds to
Schedule 1 must include appropriate variations from the provision contained
in that Schedule to secure that it is enhanced measures which the Secretary of
State has power to impose.
(9)
20A temporary enhanced TPIM order may make appropriate provision
(including appropriate variations from the provision contained in the relevant
provisions of this Act) in consequence of, or in connection with, the creation, in
accordance with this section, of the enhanced TPIM power.
(10)
A temporary enhanced TPIM order may make appropriate provision for the
25purposes of securing that transitional and saving provision relating to a
temporary enhanced TPIM order ceasing to have effect may be made
(including provision for enhanced TPIM notices to continue in force for a
period, which does not exceed 28 days, after the enhanced TPIM power ceases
to have effect).
(11)
30The provision that may be made by a temporary enhanced TPIM order
includes—
(a)
provision amending any enactment (including an enactment contained
in this Act);
(b)
provision applying (with or without modifications) any enactment
35(including an enactment contained in this Act);
(c)
provision conferring functions on the Secretary of State or any other
person (including, in the case of the Secretary of State or any other
Minister of the Crown, functions of a legislative nature).
(1)
40A temporary enhanced TPIM order, except for designated transitional and
saving provision, ceases to have effect—
(a)
at the end of the period of 90 days beginning with the day on which the
Secretary of State makes the order, or
(b) at such earlier time (if any) as is specified in the order.
(2)
45The Secretary of State may by order revoke some or all of a temporary
enhanced TPIM order if the Secretary of State considers it appropriate to do so
(whether or not the Secretary of State would have power to make a temporary
enhanced TPIM order by virtue of section 26(1)).
Terrorism Prevention and Investigation Measures BillPage 18
(3) As soon as practicable after making—
(a) a temporary enhanced TPIM order, or
(b) an order revoking any provision of a temporary enhanced TPIM order,
the Secretary of State must lay before each House of Parliament a copy of the
5order that has been made.
(4)
Anything which has been done by virtue of a temporary enhanced TPIM order
is not affected by the temporary enhanced TPIM order ceasing to have effect.
(5) In section 26 and this section—
“appropriate”, in relation to variations, or other provision, means such
10variations, or such other provision, as the Secretary of State considers
appropriate;
“designated transitional and saving provision” means provision of a
temporary enhanced TPIM order which is designated, in a temporary
enhanced TPIM order, as transitional and saving provision for the
15purposes of this section;
“enactment” includes—
an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978,
an enactment contained in, or in an instrument made under, an
20Act of the Scottish Parliament,
an enactment contained in, or in an instrument made under,
Northern Ireland legislation, and
an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;
25“enhanced measure” has the meaning given in section 26(3);
“enhanced TPIM notice” means a notice by which the enhanced TPIM
power is exercised;
“enhanced TPIM power” means the power to impose enhanced measures
that is referred to in section 26(2);
30“relevant provisions of this Act” mean all the provisions of this Act, apart
from—
section 1 (abolition of control orders),
section 5(2) and (3) (extension of TPIM notices),
section 13(6)(a) (revival of TPIM notice after expiry),
35sections 21 (expiry and repeal of TPIM powers) and 22 (section
21: supplementary provision),
section 26 and this section,
section 29 (financial and supplemental provision),
section 31(1) and (2) (short title and commencement), and
40Schedules 7 (minor and consequential amendments) and 8
(transitional and saving provision);
“standard TPIM notice” means a notice under section 2;
“temporary enhanced TPIM order” has the meaning given in section
26(2).
Terrorism Prevention and Investigation Measures BillPage 19
(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
5notice, give the following information to the individual—
(a) the 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
10notice which is revived or extended by that notice.
(2) An 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
15a relaxation or removal of measures, nor a variation with the
individual’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)
20so served before the TPIM notice to which it relates would otherwise
expire.
(4)
Any of the following notices must be served on the individual to whom the
notice relates—
(a) a revocation notice;
(b) 25a variation notice insofar as subsection (2)(c) does not apply to it;
(c) a 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) 30an extension notice;
(c) a revocation notice;
(d) a revival notice;
(e) a variation notice;
(f) a confirmation notice.
(6) 35But that does not prevent the proof of such a notice in other ways.
(7) In this section—
“confirmation notice” means a notice given under subsection (1);
“extension notice” means a notice under section 5(2);
“revival notice” has the same meaning as in section 13(6);
40“revocation notice” has the same meaning as in section 13(1);
“variation notice” has the same meaning as in section 12(1).