29 Financial 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
5means, that the Secretary of State considers needs to be carried out in
connection 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) 10any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

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

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

30 Interpretation etc

(1) 15In this Act—

• “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);

• 20“condition A”, “condition B”, “condition C”, “condition D” or “condition
  E” 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
  25the Court of Session;

  (b)

  in 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;

• 30“measures” means terrorism prevention and investigation measures
  (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);

• 35“terrorism-related activity”, and “involvement” (in relation to such
  activity), 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)

  40proceedings on an application for permission under section 6;

  (b)

  proceedings on a reference under Schedule 2;

  (c)

  proceedings on a directions hearing held in accordance with
  directions under section 8(2);

  (d)

  proceedings on a review hearing held in accordance with
  45directions under section 8(5);

  (e)

  proceedings on an appeal under section 16;

  (f)

  proceedings by virtue of section 17(2);

  Terrorism Prevention and Investigation Measures BillPage 21

  (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)

  any other proceedings for questioning a TPIM decision
  5(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) by virtue of the coming into force of that TPIM notice, terrorism-related
10activity 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,

the Secretary of State is not prevented from taking account of that activity for
15the 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
coming into force is a reference to it coming into force by virtue of section 5(1)
20(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
to which the Secretary of State’s belief for the purpose of condition A relates.

(5) 25A 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,

is to be treated as a decision by the Secretary of State not to revoke, or not to
30vary, the TPIM notice.

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

31 Short title, commencement and extent

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

(2) 35This 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 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) 10a requirement to reside at a specified residence;

(b) a requirement to give notice to the Secretary of State of the identity
of any other individuals who reside (or will reside) at the specified
residence;

(c) a requirement, applicable overnight between such hours as are
15specified, to remain at the specified residence.

(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) 20An “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) 25if the individual has no such residence or connection, any locality in
the United Kingdom 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) 30If the specified residence is provided to the individual by or on behalf of the
Secretary 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) A requirement of the kind mentioned in sub-paragraph (2)(c) must include
35provision to enable the individual to apply for the permission of the

Secretary of State to be away from the specified residence, for the whole or
part of any applicable period, on one or more occasions.

(8) The Secretary of State may grant such permission subject to either or both of
the following conditions—

(a) 5the 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 whist away
from the specified residence as are so required.

(9) 10“Agreed premises” are premises in the United Kingdom which are agreed
by the Secretary of State and the individual.

(10) Sub-paragraph (8) is not to be read as limiting—

(a) the generality of sub-paragraph (7) of paragraph 13 (power to
impose conditions when granting permission), or

(b) 15the power to impose further conditions under that sub-paragraph in
connection with permission granted by virtue of sub-paragraph (7)
of this paragraph.

(11) In sub-paragraph (7) “applicable period” means a period for which the
individual is required to remain at the specified residence by virtue of a
20requirement of the kind mentioned in sub-paragraph (2)(c).

Travel measure

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

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

(a) 25the United Kingdom (in any case);

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

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

(3) 30The Secretary of State may, in particular, impose any of the following
requirements—

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

(b) a requirement to give notice to the Secretary of State before leaving
35that 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) a requirement to surrender any travel document that is in the
possession or control of the individual.

(4) 40“Travel document” means—

(a) the individual’s passport, or

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

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

(ii) 45between places outside the specified area.

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

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

(b) a passport issued by or on behalf of the authorities of a country or
5territory 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
of a passport.

Exclusion measure

3 (1) 10The 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) The Secretary of State may, in particular, impose any of the following
requirements in respect of a specified area or place or a specified description
15of an area or place—

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

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

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

20Movement 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
movements (which may, in particular, include a restriction on movements).

(2) A constable may give such directions only for the purpose of securing
25compliance—

(a) with other specified measures, or

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

(3) Directions may not remain in effect for a period that is any longer than the
30constable 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.

Financial services measure

5 (1) The Secretary of State may impose restrictions on the individual’s use of, or
35access to, such descriptions of financial services as are specified.

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

(a) a requirement not to hold any accounts, without the permission of
the Secretary of State, other than the nominated account (see sub-
40paragraph (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
holding 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
account (the “nominated account”) if—

(a) 5the 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
10permission under Part 4 of the Financial Services and Markets Act 2000 to
carry on the regulated activity of accepting deposits (within the meaning of
section 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
15cash does not include any cash that is held in an account with a person
providing financial services (in accordance with any requirements imposed
under this paragraph).

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

(a) coins and notes in any currency,

(b) 20postal orders,

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

(d) bankers’ drafts,

(e) bearer bonds and bearer shares, and

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

(7) 25A reference in this paragraph to the individual holding an account is a
reference to an account held with a person providing financial services—

(a) that 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) 30in respect of which the individual has power of attorney or can
otherwise exercise control.

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

(a) 35accepting deposits and other repayable funds;

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

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

Property measure

6 (1) 40The Secretary of State may impose either or both of the following—

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

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

(2) 45The Secretary of State may, in particular, impose any of the following
requirements—

(a) a 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
5transferring money or other property to a person or place outside the
United Kingdom;

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

(d) a requirement to disclose to the Secretary of State such details as may
10be 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) in which the individual has an interest of any kind, or

(b) over which, or in relation to which, the individual may exercise any
15right (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) In 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
20transfer of property includes a reference to the acquisition or disposal of
such rights.

Electronic communication device measure

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

(a) restrictions on the individual’s possession or use of electronic
25communication devices;

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

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

(a) 30a 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
specified conditions.

(3) The Secretary of State must allow the individual to possess and use (at least)
35one 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) a computer that provides access to the internet by connection to a
fixed line (including any apparatus necessary for that purpose);

(c) 40a 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) the 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) 45the 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
individual’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
5temporary basis for the purpose of its inspection or modification at
another place.

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

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

(b) 10a component part of such a device;

(c) an article designed or adapted for use with such a device (including
any 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) 15computers,

(b) telephones (whether mobile telephones or telephones operated by
connection 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) 20equipment designed or adapted for the purposes of sending or
receiving facsimile transmissions.

Association measure

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

(2) 25The Secretary of State may, in particular, impose any of the following
requirements—

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

(b) 30a requirement to give notice to the Secretary of State before
associating or communicating with other persons (whether at all or
in specified circumstances);

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

(3) 35An individual associates or communicates with another person if the
individual associates or communicates with that person by any means (and
for 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).

40Work or studies measure

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

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

(a) 45a requirement not to carry out without the permission of the
Secretary of State—

(i) specified 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) 5a requirement to comply with any other specified conditions in
connection with any work or studies.

(3) In this paragraph—

• “work” includes any business or occupation (whether paid or unpaid);

• “studies” includes any course of education or training.

10Reporting measure

10 (1) The 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
15police station is not to apply if conditions specified in the notice are met.

Photography 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.

20Monitoring measure

12 (1) The 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) 25The Secretary of State may, in particular, impose any of the following
requirements 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
30accordance with the arrangements;

(c) a 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
35individual to grant access to the individual’s residence for the purpose of the
inspection or modification of any apparatus used or maintained under the
arrangements.

Part 2 Permission and notices

40Permission

13 (1) Any 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
5measures.

(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) 10The 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) 15Permission 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) 20This 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) 25the 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
30individual 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) 35that 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.