Terrorism Prevention and Investigation Measures Act 2011
The Prevention of Terrorism Act 2005 (which gives powers to impose control orders) is repealed.
The Secretary of State may by notice (a “TPIM notice”) impose specified terrorism prevention and investigation measures on an individual if conditions A to E in section 3 are met.
In this Act “terrorism prevention and investigation measures” means requirements, restrictions and other provision which may be made in relation to an individual by virtue of Schedule 1 (terrorism prevention and investigation measures).
In this section and Part 1 of Schedule 1 “specified” means specified in the TPIM notice.
The Secretary of State must publish factors that he or she considers are appropriate to take into account when deciding whether to impose restrictions on an individual by virtue of paragraph 2 of Schedule 1 (travel measure).
Condition A is that the Secretary of State reasonably believes that the individual is, or has been, involved in terrorism-related activity (the “relevant activity”).
Condition B is that some or all of the relevant activity is new terrorism-related activity.
Condition C is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for terrorism prevention and investigation measures to be imposed on the individual.
Condition D is that the Secretary of State reasonably considers that it is necessary, for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity, for the specified terrorism prevention and investigation measures to be imposed on the individual.
Condition E is that—
the court gives the Secretary of State permission under section 6, or
the Secretary of State reasonably considers that the urgency of the case requires terrorism prevention and investigation measures to be imposed without obtaining such permission.
In this section “new terrorism-related activity” means—
if no TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring at any time (whether before or after the coming into force of this Act);
if only one TPIM notice relating to the individual has ever been in force, terrorism-related activity occurring after that notice came into force; or
if two or more TPIM notices relating to the individual have been in force, terrorism-related activity occurring after such a notice came into force most recently.
For the purposes of this Act, involvement in terrorism-related activity is any one or more of the following— and for the purposes of this Act it is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general.
the commission, preparation or instigation of acts of terrorism;
conduct which facilitates the commission, preparation or instigation of such acts, or which is intended to do so;
conduct which gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so;
conduct which gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a);
For the purposes of this Act, it is immaterial whether an individual's involvement in terrorism-related activity occurs before or after the coming into force of this Act.
A TPIM notice—
comes into force when the notice is served on the individual or, if later, at the time specified for this purpose in the notice; and
is in force for the period of one year.
The Secretary of State may by notice extend a TPIM notice for a period of one year beginning when the TPIM notice would otherwise expire.
A TPIM notice—
may be extended under subsection (2) only if conditions A, C and D are met; and
may be so extended on up to four occasions.
This section is subject, in particular, to sections 13 (revocation and revival of TPIM notices) and 14 (replacement of TPIM notice that is quashed etc).
This section applies if the Secretary of State—
makes the relevant decisions in relation to an individual, and
makes an application to the court for permission to impose measures on the individual.
The application must set out a draft of the proposed TPIM notice.
The function of the court on the application is—
to determine whether the relevant decisions of the Secretary of State are obviously flawed, and
to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).
The court may consider the application—
in the absence of the individual;
without the individual having been notified of the application; and
without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
But that does not limit the matters about which rules of court may be made.
In determining the application, the court must apply the principles applicable on an application for judicial review.
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 may not give permission under this section.
In any other case, the court may give permission under this section.
If the court determines that the Secretary of State's decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8)) give directions to the Secretary of State in relation to the measures to be imposed on the individual.
In this section “relevant decisions” means the decisions that the following conditions are met—
condition A;
condition B;
condition C; and
condition D.
Schedule 2 (urgent cases: reference to the court etc) has effect.
This section applies if the court—
gives permission under section 6 for measures to be imposed on an individual, or
confirms under paragraph 4(3) of Schedule 2 (whether or not subject to paragraph 4(2) of that Schedule) a TPIM notice which imposes measures on an individual.
The court must, at the hearing where it gives the permission or confirms the notice, give directions for a further hearing (a “directions hearing”)—
which, unless the court otherwise directs (whether in those directions or subsequently), is to be held within the period of 7 days beginning with the relevant day, and
which the individual is to have the opportunity to attend.
In a case where this section applies because the court gives permission under section 6, directions given under subsection (2) may not be served on the individual unless the TPIM notice has been served on that individual.
At the directions hearing, the court must give directions for a further hearing (a “review hearing”) in relation to the imposition of measures on the individual.
Directions under subsection (4) must provide for the review hearing to be held as soon as reasonably practicable.
In this section “relevant day” means—
in a case falling within subsection (1)(a), the day on which the TPIM notice imposing the measures is served on the individual;
in a case falling within subsection (1)(b), the day on which the court confirms the TPIM notice.
On a review hearing held in compliance with directions under section 8(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.
In doing so, the court must apply the principles applicable on an application for judicial review.
The court—
must discontinue the review hearing if the individual requests the court to do so; and
may discontinue the review hearing in any other circumstances.
The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.
The court has the following powers (and only those powers) on a review hearing—
power to quash the TPIM notice;
power to quash measures specified in the TPIM notice;
power to give directions to the Secretary of State for, or in relation to,—
the revocation of the TPIM notice, or
the variation of measures specified in the TPIM notice.
If the court does not exercise any of its powers under subsection (5), the court must decide that the TPIM notice is to continue in force.
If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the TPIM notice is to continue in force subject to that exercise of that power.
In this section “relevant conditions” means—
condition A;
condition B;
condition C; and
condition D.
The Secretary of State must consult the chief officer of the appropriate police force about the matter mentioned in subsection (2) before—
making an application under section 6 for permission to impose measures on an individual, or
imposing measures on an individual in a case to which section 3(5)(b) applies (urgency of the case requires measures to be imposed without obtaining the permission of the court).
The matter is whether there is evidence available that could realistically be used for the purposes of prosecuting the individual for an offence relating to terrorism.
The “appropriate police force” means the police force—
that is investigating the commission of any such offence by the individual, or
by which it appears to the Secretary of State that the commission of any such offence by the individual would fall to be investigated.
If the Secretary of State serves a TPIM notice on an individual, the Secretary of State must inform the chief officer of the appropriate police force—
that the TPIM notice has been served, and
that the chief officer must act in accordance with the duty under subsection (5).
After being informed of the matters mentioned in subsection (4), the chief officer must—
secure that the investigation of the individual's conduct, with a view to a prosecution of the individual for an offence relating to terrorism, is kept under review throughout the period the TPIM notice is in force, and
report to the Secretary of State on the review carried out under paragraph (a).
The chief officer must consult the relevant prosecuting authority before responding to consultation under subsection (1).
The chief officer must also, to the extent that the chief officer considers it appropriate to do so, consult the relevant prosecuting authority in carrying out the duty under subsection (5)(a).
The “relevant prosecuting authority” is—
in the case of offences that would be likely to be prosecuted in England and Wales, the Director of Public Prosecutions;
in the case of offences that would be likely to be prosecuted in Scotland, the appropriate procurator fiscal;
in the case of offences that would be likely to be prosecuted in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.
The duty to consult under subsection (1) or (6) may be satisfied by consultation that took place wholly or partly before the passing of this Act.
In this section— “chief officer”— in relation to a police force maintained for a police area in England and Wales, means the chief officer of police of that force; in relation to the Police Service of Scotland, means the chief constable of that Service; in relation to the Police Service of Northern Ireland, means the Chief Constable of that Service; in relation to the National Crime Agency, means the Director General of the National Crime Agency; and ... “police force” means— a police force maintained for a police area in England and Wales; the Police Service of Scotland; the Police Service of Northern Ireland; the National Crime Agency ; or ...
the power to vary a TPIM notice under section 12(1)(c) or (1A); and
“responsible chief officer of police” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland;
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 Lord Chancellor instead of by the person who would otherwise make them. Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult— But the Lord Chancellor is not required to undertake any other consultation before making the rules. A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before the passing of this Act. Rules of court made by the Lord Chancellor under sub-paragraph (1)— In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. If rules cease to have effect in accordance with sub-paragraph (5)— The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph— Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.
In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business allocated to the Queen's Bench Division)—
omit sub-paragraph (ba), and
after sub-paragraph (bc) insert—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“paragraph 6 material” has the meaning given by paragraph 6(2);
A constable may (without a warrant) search an individual in respect of whom a TPIM notice is in force for the purpose of ascertaining whether the individual is in possession of anything that could be used to threaten or harm any person. The power of a constable to search the individual under this paragraph may be exercised— A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—
This 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”). The Secretary of State may by notice specify— A notice under sub-paragraph (2) may make different provision for different measures. 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 a Part 1 notice received from the individual. 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—
This paragraph applies at any time when a TPIM notice is in force in respect of an individual in Scotland. A constable may— A constable may— A requirement under sub-paragraph (3)(a)— In specifying a date or time or times of day for the purposes of sub-paragraph (4), the constable must consider whether the relevant physical data or sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 10 of Schedule 1). A constable may use reasonable force, if necessary, in— A constable may, with the authority of an officer of a rank no lower than inspector, use reasonable force, if necessary, in taking any sample under sub-paragraph (2)(c).
This paragraph applies to— Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that the taking of the sample was unlawful. Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies. A DNA sample to which this paragraph applies must be destroyed— Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
An enactment which is amended or repealed by this Act is to continue to apply after commencement in relation to— as if the enactment had not been so amended or repealed. Sub-paragraph (1) is subject to paragraph 3 (2) and (3).
Section 14(1) of the PTA 2005 applies to the period that— as if that period were a relevant 3 month period. In this paragraph “relevant 3 month period” has the same meaning as in section 14 of the PTA 2005.
The review carried out under section 20(2) in respect of the first review year must also include a review in respect of so much of the preceding calendar year as falls on or after commencement (but for the purposes of section 20(3) that part of the review is to be treated as relating the first review year). In this paragraph “first review year” means the first complete calendar year beginning after the passing of this Act.
“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
“sufficient” and “insufficient”, in relation to a sample, have the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65(1) and (2) of that Act).
The Secretary of State may impose restrictions on the individual leaving a specified area or travelling outside that area. The specified area must be— The Secretary of State may, in particular, impose any of the following requirements— “Travel document” means— “Passport” means any of the following—
The Secretary of State may impose restrictions on the individual's use of, or access to, such descriptions of financial services as are specified. The Secretary of State may, in particular, impose any of the following requirements— The Secretary of State must allow the individual to hold (at least) one account (the “nominated account”) if— 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 4A 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). 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 under this paragraph). In sub-paragraph (2)(d) “cash” means— A reference in this paragraph to the individual holding an account is a reference to an account held with a person providing financial services— In this paragraph “financial services” means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—
The Secretary of State may impose restrictions on the individual's association or communication with other persons. The Secretary of State may, in particular, impose any of the following requirements— An 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).
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.
The repeal of the PTA 2005 by this Act does not, after commencement, prevent or otherwise affect— But, after commencement, proceedings mentioned in any of sub-paragraphs (a) to (d) of sub-paragraph (1) (whether the proceedings began before or after commencement) may not have a purpose other than determining whether one or more of the following should be quashed— Except as permitted by sub-paragraphs (1) and (2), no control order proceedings (within the meaning of section 11(6) of the PTA 2005) may be entertained after commencement.
Section 14(3) of the PTA 2005 does not apply to the last PTA review year. But section 14(3) applies to the period that— as if that period were a PTA review year. In this paragraph—
In this Schedule—
“control order” has the same meaning as in the PTA 2005;
the Royal Air Force Police;
“variation notice” has the same meaning as in section 12(1).
This Schedule applies if the Secretary of State—
makes the relevant decisions in relation to an individual, and
imposes measures on the individual.
the Royal Navy Police;
For the purpose of serving a relevant notice on an individual, a constable may— A “relevant notice” means—
A constable may apply for the issue of a warrant under this paragraph for the purpose of determining whether an individual in respect of whom a TPIM notice is in force is complying with measures specified in the notice. A warrant under this paragraph may authorise a constable to do either or both of the following— An application for a warrant under this paragraph must be made to the appropriate judicial authority. The appropriate judicial authority may, on such an application, grant the warrant only if satisfied that the warrant is necessary for the purpose mentioned in sub-paragraph (1). A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by a warrant issued under this paragraph— In this paragraph “appropriate judicial authority”, in relation to a warrant, means—
In Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.
The Counter-Terrorism Act 2008 is amended as follows. In section 1 (power to remove documents for examination), in subsection (1)— Omit sections 10 to 13 (power to take fingerprints and samples from person subject to control order). Omit sections 78 to 81 (provision in relation to control orders).
This paragraph applies in relation to a warrant issued in England, Wales or Northern Ireland under paragraph 8 so far as it authorises a constable to search an individual. In relation to warrants issued under that paragraph so far as authorising the entry and search of premises, see— The constable applying for the warrant must— The application for the warrant is to be made without notice and— The constable must answer on oath any questions that the appropriate judicial authority (within the meaning of paragraph 8) hearing the application may ask of the constable. If the warrant is issued it authorises a search of the individual on one occasion only. The warrant must— Two copies must be made of the warrant and clearly certified as copies. The warrant may be executed by any constable. The search under the warrant must be carried out within 28 days of its issue. The search must be carried out at a reasonable hour unless it appears to the constable executing the warrant that the purposes of the search may be frustrated if carried out then. The constable seeking to execute the warrant must, before carrying out the search— The constable executing the warrant must make an endorsement on it stating— When the warrant has been executed it must be returned to the designated officer. The designated officer must retain a warrant returned under sub-paragraph (14) for a period of 12 months from the time of its return and, if requested during that period, allow the individual to inspect it. The “designated officer” is—
During the period that a TPIM notice is in force, the Secretary of State must keep under review whether conditions C and D are met.
The Secretary of State may by notice (a “variation notice”) vary measures specified in a TPIM notice if—
the variation consists of the relaxation or removal of measures;
the variation is made with the consent of the individual; or
the Secretary of State reasonably considers that the variation is necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity.
The individual to whom a TPIM notice relates may make an application to the Secretary of State for the variation of measures specified in the TPIM notice.
The Secretary of State may by variation notice vary a relocation measure so as to substitute a different specified residence if the Secretary of State reasonably considers that—
the variation is necessary for reasons connected with the efficient and effective use of resources in relation to the individual; and
the relocation measure (as varied) remains necessary for purposes connected with preventing or restricting the individual's involvement in terrorism-related activity.
The Secretary of State must consider an application made under subsection (2).
A “relocation measure” is a measure under paragraph 1(2) of Schedule 1 which requires the individual to reside at a specified residence within paragraph 1(3)(b) of that Schedule (requirement to reside at premises specified by Secretary of State other than individual's own residence).
An application under subsection (2) must be made in writing.
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 under subsection (2).
The Secretary of State is not required to consider an application further unless any information requested under subsection (5) is provided in accordance with the notice mentioned in that subsection.
A variation under subsection (1) or (1A) takes effect when the variation notice is served or, if later, at the time specified for this purpose in the variation notice.
The power under subsection (1) or (1A) is exercisable whether or not an application has been made under subsection (2).
In a case where a TPIM notice— the power under subsection (1) or (1A) may (in particular) be exercised in relation to the TPIM notice before any revival of the TPIM notice under section 13(6) so as to take effect at the time that the TPIM notice comes back into force on its revival.
has expired as mentioned in section 13(6)(a), or
has been revoked,
In such a case, the question of whether condition D is met is to be determined for the purposes of section 13(6) by reference to the measures specified in the TPIM notice as they would be after the exercise of the power under subsection (1) or (1A).
Subsection (1A) does not limit the power under subsection (1).
The Secretary of State may by notice (a “revocation notice”) revoke a TPIM notice at any time.
The revocation of a TPIM notice takes effect when the revocation notice is served or, if different, at the time specified for this purpose in the revocation notice.
The individual to whom a TPIM notice relates may make an application to the Secretary of State for the revocation of the TPIM notice.
The Secretary of State must consider an application made under subsection (3).
The power under subsection (1) is exercisable whether or not an application has been made under subsection (3).
The Secretary of State may by notice (a “revival notice”) at any time revive a TPIM notice which— if conditions A, C and D are met.
has expired, or
without being extended under section 5(2), or
having been extended under section 5(2) on fewer than four occasions, or
has been revoked,
The power of revival may be exercised—
under subsection (6) (a) or (b) whether or not the TPIM notice has previously been revoked and revived; and
under subsection (6) (b) whether or not the TPIM notice has been extended under section 5(2) (and regardless of how many times it has been so extended).
But the power of revival under subsection (6) (b) may not be exercised to revive a TPIM notice which the Secretary of State was required to revoke by directions given by the court in TPIM proceedings.
A TPIM notice which is revived—
comes back into force when the revival notice is served or, if later, at the time specified for this purpose in the revival notice; ...
is in force—
for the period of one year (in a case where the revived notice had expired), or
for the period of time for which the TPIM notice would have continued in force if it had not been revoked (in a case where the revived notice had been revoked); and
is treated as having been extended under section 5(2) on the same number of occasions (if any) as on which the revived notice had been so extended.
This section applies if—
a TPIM notice, the extension of a TPIM notice, or the revival of a TPIM notice, is quashed in TPIM proceedings, or
a TPIM notice is revoked by the Secretary of State in compliance with directions given by the court in TPIM proceedings.
The replacement TPIM notice is to be in force for the period of time for which the overturned notice would have continued in force but for the quashing or revocation.
The replacement TPIM notice is to be treated as having been extended under section 5(2) on the same number of occasions (if any) as on which the overturned notice had been so extended (including any extension that was quashed).
Terrorism-related activity is to be treated as new terrorism-related activity in relation to the imposition of measures by the replacement TPIM notice if it was new terrorism-related activity in relation to the imposition of measures by the overturned notice.
Terrorism-related activity that occurs after the coming into force of the overturned notice does not cease to be new terrorism-related activity by virtue of the coming into force of the replacement TPIM notice.
Subsections (2) to (5) do not apply to the replacement notice if—
some or all of the relevant activity (within the meaning of section 3) occurred after the overturned notice came into force, and
the Secretary of State determines that those subsections should not apply to that notice.
In this section—
section 26 and this section,
The Secretary of State may vary or revoke a notice given by the Secretary of State under this Schedule.
Immediately after serving the TPIM notice, the Secretary of State must refer to the court the imposition of the measures on the individual. The function of the court on the reference is to consider whether the relevant decisions of the Secretary of State were obviously flawed. 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. The court may consider the reference— But that does not limit the matters about which rules of court may be made.
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 of the court). In this Schedule “relevant decisions” means the decisions that the following conditions are met—
Rules of court relating to TPIM proceedings or appeal proceedings must secure that the Secretary of State is required to disclose— This paragraph is subject to paragraph 4.
A control order which is in force immediately before commencement is to remain in force until the end of the transitional period (unless revoked or quashed before the end of that period).
The Secretary of State’s powers under this Act in relation to an individual are not affected by a control order having been made in relation to that individual.
The fact that sections 1 to 9 of the PTA 2005 would have expired (but for their repeal by this Act) by virtue of section 13 of the PTA 2005 at a time after commencement does not prevent those sections from continuing to apply in accordance with, or for the purposes of, any other provision of this Schedule after the time when those sections would have so expired.
Rules of court relating to TPIM proceedings or appeal proceedings must secure— 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— The relevant court must be authorised— In this paragraph—
sections 21 (expiry and repeal of TPIM powers) and 22 (section 21: supplementary provision),
“overturned notice” means the TPIM notice to which the quashing or revocation referred to in subsection (1) relates;
Section 2
“the relevant court” means—
The Secretary of State may impose restrictions on the individual in relation to the residence in which the individual resides. The Secretary of State may, in particular, impose any of the following— The specified residence must be— If there are premises that are the individual's own residence at the time when the notice imposing restrictions under this paragraph is served on the individual, premises more than 200 miles from those premises may be specified under sub-paragraph (3)(b) only if they are in an agreed locality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . An “agreed locality” is a locality in the United Kingdom which is agreed by the Secretary of State and the individual. The specified residence (if it is not the individual's own residence) may be a residence provided by or on behalf of the Secretary of State. If 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). A requirement of the kind mentioned in sub-paragraph (2)(c) must include provision 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. The Secretary of State may grant such permission subject to either or both of the following conditions— “Agreed premises” are premises in the United Kingdom which are agreed by the Secretary of State and the individual. Sub-paragraph (8) is not to be read as limiting— 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 requirement of the kind mentioned in sub-paragraph (2)(c).
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). A constable may give such directions only for the purpose of securing compliance— 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.
with other specified measures, or
with a condition imposed under this Act requiring the individual to be escorted by a constable.
The Secretary of State may impose either or both of the following— The Secretary of State may, in particular, impose— 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))— The conditions specified under sub-paragraph (2)(b) may, in particular, include conditions in relation to— An “ electronic communication device ” means any of the following— The devices within sub-paragraph (5)(a) include (but are not limited to)—
The Secretary of State may impose a requirement for the individual— 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.
in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and
The Secretary of State may impose on the individual— The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are— In sub-paragraph (1)(a)— For the purposes of sub-paragraph (1)(b)—
The Secretary of State may impose a requirement for the individual— The Secretary of State may by regulations made by statutory instrument make provision relating to the conduct of polygraph sessions, which may include in particular— The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State. The following may not be used in evidence against the individual in any proceedings for an offence— Regulations under sub-paragraph (2) may make— A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament. In this paragraph—
The Secretary of State may impose a requirement for the individual— In this paragraph— Regulations under sub-paragraph (2) are to be made by statutory instrument. Regulations under sub-paragraph (2) may make— A statutory instrument containing regulations under sub-paragraph (2) is subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State may impose a requirement for the individual— A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—
The Secretary of State may impose a requirement for the individual to disclose to the Secretary of State— The Secretary of State may impose a requirement for the individual to comply with any other specified conditions in connection with the disclosure of information within sub-paragraph (1). “Multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside.
Section 7
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
The TPIM notice must include a statement that the Secretary of State reasonably considers that the urgency of the case requires measures to be imposed without obtaining the permission of the court under section 6.
In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review. The court must ensure that the individual is notified of the court's decision on a reference under paragraph 3.
A person making rules of court relating to TPIM proceedings or appeal proceedings must have regard to the need to secure the following— Rules of court relating to TPIM proceedings or appeal proceedings may make provision— In this paragraph— Nothing in this paragraph is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.
The appropriate law officer may appoint a person to represent the interests of a party in any TPIM proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded. A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as a “special advocate”. The “appropriate law officer” is— A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent. A person may be appointed as a special advocate only if—
This paragraph applies at any time when a TPIM notice is in force in respect of an individual in England, Wales or Northern Ireland. A constable may take fingerprints or a non-intimate sample from the individual— A constable may use reasonable force, if necessary, for the purpose of exercising the power under sub-paragraph (2)(b). Before any fingerprints or a non-intimate sample are taken the individual must be informed— The matters mentioned in sub-paragraph (4) must be recorded as soon as practicable after the fingerprints or non-intimate sample are taken. The information mentioned in sub-paragraph (4) must be given by— Where a sample of hair other than pubic hair is to be taken under this paragraph, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
This paragraph applies to— Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful. In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9 or 11. Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it. Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
Any material to which paragraph 6 or 12 applies must not be used other than— Material which is required by paragraph 6 or 12 to be destroyed must not at any time after it is required to be destroyed be used— In this paragraph—
The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows. In Article 26(2) (offences for which an arrest may be made without a warrant in Northern Ireland), in paragraph (o), for “section 9(3) of the Prevention of Terrorism Act 2005” substitute “section 23(1) of the Terrorism Prevention and Investigation Measures Act 2011”. In Schedule 2A (fingerprints and samples: power to require attendance at police station), omit paragraphs 4 and 12.
A constable may exercise the power under paragraph 1 to take fingerprints or a non-intimate sample from an individual only if at the time when the power is to be exercised— The condition in the case of fingerprints is that— The condition in the case of a non-intimate sample is that— In this paragraph “the present TPIM notice” means the TPIM notice in force at the time when it is proposed to exercise the power to take the fingerprints or sample.
If fingerprints or relevant physical data are required by paragraph 6 to be destroyed, any copies of the fingerprints or data held by a police force must also be destroyed. If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the individual to whom the DNA profile relates.
A constable may— A requirement under sub-paragraph (1)(a)— In specifying a period or time or times of day for the purposes of sub-paragraph (2), the constable must consider whether the fingerprints or non-intimate sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 10 of Schedule 1). In giving a requirement under this paragraph a constable may specify a period of shorter than 7 days if— Where an authorisation is given under sub-paragraph (4)(b)— must be recorded as soon as practicable after it has been given. If the constable who gives a requirement to an individual under this paragraph and the individual agree, it may be varied so as to specify any period within which, or date or time at which, the individual must attend; but a variation does not have effect unless confirmed by the constable in writing.
Section 15
An individual who has been convicted of an offence under section 23(1) may appeal against the conviction if—
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
the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.
An appeal under this Schedule is to be made—
in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal;
in the case of a conviction on indictment or summary conviction in Scotland, to the High Court of Justiciary;
in the case of a summary conviction in England and Wales, to the Crown Court; or
in the case of a summary conviction in Northern Ireland, to the county court.
in the case of a summary conviction in Scotland, to the Sheriff Appeal Court; or
The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against— In 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.
On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction. An appeal under this Schedule to the Court of Appeal against a conviction on indictment— An appeal under this Schedule to the High Court of Justiciary against a conviction on indictment— An appeal under this Schedule to the High Court of JusticiarySheriff Appeal Court against a summary conviction— An appeal under this Schedule to the Crown Court or to the county court in Northern Ireland against a summary conviction—
Section 18
section 5(2) and (3) (extension of TPIM notices),
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. The “Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).
In any TPIM proceedings or appeal proceedings the relevant court may if it thinks fit— The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of— Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1). The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.
Any fingerprints, data or samples obtained under paragraph 1 or 4, or information derived from such samples, may be checked against—
other such fingerprints, data or samples or any information derived from such a sample,
any fingerprints or samples taken under paragraph 10 or 12 of Schedule 8 to the Terrorism Act 2000 or any information derived from such a sample,
any relevant physical data taken or provided by virtue of paragraph 20 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,
material to which section 18 of the Counter-Terrorism Act 2008 applies,
any fingerprints, samples or information mentioned in section 63A(1)(a) or (b) of the Police and Criminal Evidence Act 1984,
any fingerprints or samples taken under paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 or any information derived from such a sample,
any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995,
any relevant physical data taken or provided by virtue of paragraph 42 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,
any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003, and
any fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 to the National Security Act 2023 or any information derived from such a sample,
any fingerprints, samples or information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
any relevant physical data taken or provided by virtue of paragraph 18 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,
any fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,
The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise the function under paragraph 8(2)(a). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8(2)(b)— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8(2)(c).
Section 24
The Secretary of State may impose on the individual— In sub-paragraph (1)(a)— For the purposes of sub-paragraph (1)(b)—
Section 25
This paragraph applies where paragraph 6 material is or includes a person's fingerprints (“the original fingerprints”). A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met. Condition 1 is met if the further fingerprints— Condition 2 is met if— Where a determination under this paragraph is made in respect of the further fingerprints— Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment. A written record must be made of a determination under this paragraph. In this paragraph—
Section 29
Section 29
“appeal proceedings” means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to TPIM proceedings;
Any application by an individual for permission must be made in writing. The Secretary of State may by notice specify— A notice under sub-paragraph (2) may make different provision for different measures. 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). The 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. Permission on an application is granted by the Secretary of State giving notice to the individual. Permission may be granted subject to such conditions as the Secretary of State may by notice specify. In this paragraph “ permission ” means permission in connection with a requirement or restriction imposed under Part 1 of this Schedule.
Rules of court relating to TPIM proceedings or appeal proceedings may make provision for— and 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. 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 proceedings requiring anonymity for the relevant individual. 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— of the identity of the relevant individual or of any information that would tend to identify the relevant individual. In this paragraph “relevant individual” means an individual on whom the Secretary of State is proposing to impose, or has imposed, measures.
A power in TPIM proceedings to quash a TPIM notice, the extension of a TPIM notice, the revival of a TPIM notice, or measures specified in a TPIM notice, includes—
in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or
in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.
A decision in TPIM proceedings to quash measures specified in a TPIM notice, or (except as provided in section 14) a decision in TPIM proceedings to quash, or to give directions to the Secretary of State in relation to, a TPIM notice, the extension of a TPIM notice, or the revival of a TPIM notice, does not prevent the Secretary of State—
from exercising any power under this Act to impose measures (whether or not to the same or similar effect as measures to which the decision relates), or
from relying, in whole or in part, on any matters for the purpose of so exercising such a power (whether or not the matters were relied on in exercising powers under this Act in relation to measures or the TPIM notice to which the decision relates).
Schedule 3 (appeals against convictions) has effect.
If the Secretary of State extends or revives a TPIM notice (see section 5(2) or 13(6))—
the individual to whom the TPIM notice relates may appeal to the court against the extension or revival; and
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.
If the Secretary of State varies under section 12(1)(c) measures specified in a TPIM notice (and the variation does not consist of the relaxation or removal of measures) without the consent of the individual to whom the TPIM notice relates ...—
the individual may appeal to the court against the variation; and
the function of the court on such an appeal is to review the Secretary of State'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.
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 section 12(2))—
the individual may appeal to the court against any decision by the Secretary of State on the application; and
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 were necessary, and continue to be necessary, for purposes connected with preventing or restricting involvement by the individual in terrorism-related activity.
If the Secretary of State varies a relocation measure specified in a TPIM notice under section 12(1A)—
the individual may appeal to the court against the variation; and
the function of the court on such an appeal is to review the Secretary of State's decisions that—
the variation was necessary for reasons connected with the efficient and effective use of resources in relation to the individual, and
the relocation measure (as varied) remained, and continues to be, necessary for purposes connected with preventing or restricting involvement by the individual in terrorism-related activity.
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))—
the individual may appeal to the court against any decision by the Secretary of State on the application; and
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.
In subsection (2A) “relocation measure” has the meaning given by section 12(1B).
If the individual to whom a TPIM notice relates makes an application to the Secretary of State for permission—
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
the function of the court on such an appeal is to review the decision.
In determining the matters mentioned in subsections (1) to (5) the court must apply the principles applicable on an application for judicial review.
The only powers of the court on an appeal under this section are—
power to quash the extension or revival of the TPIM notice;
power to quash measures specified in the TPIM notice;
power to give directions to the Secretary of State for, or in relation to,—
the revocation of the TPIM notice, or
the variation of measures the TPIM notice specifies;
power to give directions to the Secretary of State in relation to permission or conditions to which permission is subject.
If the court does not exercise any of its powers under subsection (7), it must dismiss the appeal.
In this section “permission” means permission for the purposes of measures specified in a TPIM notice (see, in particular, paragraph 13 of Schedule 1).
TPIM decisions are not to be questioned in any legal proceedings other than—
proceedings in the court; or
proceedings on appeal from such proceedings.
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 decision into question.
In this Act “TPIM decision” means—
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;
a 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;
a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 1 (movement directions measure) or paragraph 10(1)(b) of that Schedule (reporting measure);
a decision by a person to give a direction by virtue of paragraph 12(2)(d) of Schedule 1 (monitoring measure).
a decision by a polygraph operator to give an instruction by virtue of paragraph 10ZA(1)(c) of Schedule 1 (polygraph measure);
a decision by an authorised person to give a direction by virtue of paragraph 10ZB(1)(b) of Schedule 1 (drug testing measure);
No appeal shall lie from any determination of the court in TPIM proceedings, except on a question of law.
No appeal by any person other than the Secretary of State shall lie from any determination—
on an application for permission under section 6; or
on a reference under Schedule 2.
Schedule 4 (proceedings relating to measures) has effect.
The Secretary of State must—
prepare a report about the exercise of the powers mentioned in subsection (2) during each period of 3 months beginning with the month in which this Act is passed, and
lay a copy of each such report before Parliament.
The powers referred to in subsection (1) are the powers of the Secretary of State under this Act—
to impose measures on an individual by a TPIM notice under section 2;
to extend a TPIM notice under section 5(2);
to vary a TPIM notice under section 12;
to revoke a TPIM notice under section 13(1);
to revive a TPIM notice under section 13(6).
The duty under subsection (1) in relation to the preparation and laying of a report must be carried out as soon as reasonably practicable after the end of the 3 month period to which the report relates.
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).
If the Secretary of State's TPIM powers are revived under section 21—
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
this section applies accordingly.
The Secretary of State must appoint a person to review the operation of this Act (“the independent reviewer”).
In each calendar year after 2026 the independent reviewer must, by 31 January, inform the Secretary of State what (if any) reviews under this section the reviewer intends to carry out in that year. Those reviews must be completed during that year or as soon as reasonably practicable after the end of it.
The independent reviewer must carry out a review under this section in respect of each calendar year starting with 2022 and ending with 2026. Each review must be completed as soon as reasonably practicable after the year to which it relates.
Each review must be completed as soon as reasonably practicable after the end of the calendar year to which the review relates.
The independent reviewer must send to the Secretary of State a report on the outcome of each review carried out under this section as soon as reasonably practicable after completion of the review.
On receiving a report under subsection (4), the Secretary of State must lay a copy of it before Parliament.
The Secretary of State may pay to the independent reviewer—
expenses incurred in carrying out the functions of the reviewer under this section, and
such allowances as the Secretary of State determines.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (1A) does not require a review to be carried out in respect of any calendar year during the whole of which the Secretary of State's TPIM powers (within the meaning given by section 21(8)) do not exist because of their expiry or repeal under section 21.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the period which—
begins when the revival takes effect, and
ends with the end of the calendar year in which the revival takes effect; and
each subsequent calendar year.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
The Secretary of State may, by order made by statutory instrument—
repeal the Secretary of State's TPIM powers;
at any time revive the Secretary of State's TPIM powers for a period not exceeding 5 years;
provide that the Secretary of State's TPIM powers—
are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection; but
are to continue in force after that time for a period not exceeding 5 years.
Before making an order under this section the Secretary of State must consult—
the independent reviewer appointed for the purposes of section 20;
the Investigatory Powers Commissioner ; and
the Director-General of the Security Service.
An order under this section may not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.
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.
An order that contains such a declaration—
must be laid before Parliament after being made; and
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.
Where an order ceases to have effect in accordance with subsection (6), that does not—
affect anything previously done in reliance on the order; or
prevent the making of a new order to the same or similar effect.
In this section—
the Royal Navy Police;
In this Schedule—
“enhanced TPIM notice” means a notice by which the enhanced TPIM power is exercised;
“recordable offence” has—
the power to vary a TPIM notice under section 12(1)(c); and
the power to extend a TPIM notice under section 5(2);
In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriages of justice)—
omit paragraph (d), and
at the end of paragraph (e) insert; or .
The Crime and Security Act 2010 is amended as follows. In section 6(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence Act 1984, omit paragraphs 4 and 12. In section 12(2) (power to require attendance at police station), in Schedule 2A inserted into the Police and Criminal Evidence (Northern Ireland) Order 1989, omit paragraphs 4 and 12. Omit section 20 (material subject to the Counter-Terrorism Act 2008 (Scotland)). Omit—
section 56 (persons subject to control orders: powers of search and seizure), and
section 58(16) (extent of section 56).
This section applies if the Secretary of State's TPIM powers expire or are repealed under section 21.
A TPIM notice which is in force immediately before expiry or repeal is to—
continue in force for the period of 28 days beginning with expiry or repeal; and
be treated as if revoked by the Secretary of State at the end of that period.
Subsection (2)(a) is subject to—
any variation under section 12(1)(a) or (b), and
any revocation or quashing.
Except as provided for in subsection (5) or (6), TPIM proceedings may neither continue nor be begun after expiry or repeal.
TPIM 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—
whether a TPIM notice should be quashed;
whether measures imposed by a TPIM notice should be quashed;
whether to make a declaration under paragraph 4(4) of Schedule 2.
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.
The TPIM proceedings referred to in subsections (5) and (6) are—
a reference made under paragraph 3 of Schedule 2 before expiry or repeal;
a hearing in pursuance of directions under section 8(2) or (4);
an appeal under section 16;
an appeal, or further appeal, relating to a decision in any proceedings mentioned in any of paragraphs (a) to (c).
If, after expiry of the Secretary of State's TPIM powers, the powers are revived under section 21(2)(b)—
all TPIM notices, including any which were in force before expiry, are to be taken into account in determining whether there is new terrorism-related activity for the purposes of section 3(6);
the expiry of those powers does not prevent them from being exercised after revival in relation to any TPIM notice which— 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).
expired or was revoked before the expiry of the powers or during the relevant 28 day period, or
is, in accordance with subsection (2)(b) of this section, treated as if revoked at the end of the relevant 28 day period;
An individual is guilty of an offence if—
a TPIM notice is in force in relation to the individual, and
the individual contravenes, without reasonable excuse, any measure specified in the TPIM notice.
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.
Where an individual— subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.
is subject to a measure specified under paragraph 2 of Schedule 1 (a “travel measure”), and
leaves the United Kingdom or travels outside the United Kingdom,
An individual guilty of an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine not exceeding the statutory maximum, or to both;
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
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.
In relation to an offence committed before 2 May 2022, the reference in subsection (3)(b) to the general limit in a magistrates’ court is to be read as a reference to 6 months.
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—
an order under section 80 of the Sentencing Code (conditional discharge);
an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders); or
an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).
Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (3)(a) has effect as if “10 years” were substituted for “5 years”.
Schedule 5 (powers of entry, search, seizure and retention) has effect.
Schedule 6 (fingerprints and samples) has effect.
If the Secretary of State considers that it is necessary to do so by reason of urgency, the Secretary of State may make a temporary enhanced TPIM order during any period that—
begins with the dissolution of Parliament, and
ends with the first Queen's Speech of the Parliament which first meets after that dissolution.
A 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.
An enhanced measure is a requirement, restriction or other provision which is of any of the following kinds— and for this purpose “specified” means specified by the Secretary of State in an enhanced TPIM notice.
a restriction on an individual in relation to the residence in which the individual resides, including—
a requirement to reside at a specified residence in the United Kingdom;
a requirement not to allow others to reside at that residence without the permission of the Secretary of State;
a requirement, applicable between specified hours, to remain at, or within, that residence;
a restriction on an individual in relation to leaving a specified area;
a requirement, restriction or other provision which corresponds to provision within any of these paragraphs of Schedule 1—
paragraphs 2 to 6;
paragraph 7(1) and (2) and (4) to (6);
paragraphs 9 to 12;
a requirement, restriction or other provision which corresponds to provision within paragraph 8(1) of Schedule 1 (as read with paragraph 8(3) of that Schedule), including—
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 descriptions of persons as the Secretary of State may specify;
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 descriptions of persons, as are specified;
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) above;
provision which corresponds to provision within Part 2 of Schedule 1;
Except as provided for in subsections (5) to (10), the provision made by a temporary enhanced TPIM order must correspond to the relevant provisions of this Act.
A temporary enhanced TPIM order—
must secure that enhanced TPIM notices and standard TPIM notices are separate notices;
must 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
may secure that the application of a temporary enhanced TPIM order to a particular individual does not affect the application of this Act to that individual (and vice versa).
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—
that condition A is replaced by a condition which secures that the enhanced TPIM power may not be exercised in relation to an individual 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
that condition D is replaced by a condition which secures both—
the same result as condition D, and
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.
The 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 notice).
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.
A 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.
A temporary enhanced TPIM order may make appropriate provision for the purposes 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).
The provision that may be made by a temporary enhanced TPIM order includes—
provision applying (with or without modifications) any enactment (including an enactment contained in this Act);
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).
The Secretary of State must obtain the consent of the Scottish Ministers to the inclusion in a temporary enhanced TPIM order of any provision—
which would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament, or
which otherwise confers functions on the Scottish Ministers.
But subsection (12) does not apply to any provision of an enhanced TPIM order which—
applies (with or without modifications) an enactment contained in, or amended by, this Act, or
otherwise corresponds to such an enactment.
A temporary enhanced TPIM order, except for designated transitional and saving provision, ceases to have effect—
at the end of the period of 90 days beginning with the day on which the Secretary of State makes the order, or
at such earlier time (if any) as is specified in the order.
The 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)).
As soon as practicable after making— the Secretary of State must lay before each House of Parliament a copy of the order that has been made.
a temporary enhanced TPIM order, or
an order revoking any provision of a temporary enhanced TPIM order,
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.
In section 26 and this section—
“extension notice” means a notice under section 5(2);
This paragraph applies if a TPIM notice is being, or has just been, served on an individual. A constable may (without a warrant)— The purpose is that of ascertaining whether there is anything on the individual, or (as the case may be) in the premises, that contravenes measures specified in the TPIM notice. The premises referred to in sub-paragraph (2)(b) are— A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—
This paragraph applies to paragraph 6 material taken from, or provided by, an individual who has no previous convictions or (in the case of England and Wales or Northern Ireland) only one exempt conviction. The material may be retained until the end of the period of 6 months beginning with the date on which the TPIM notice that was in force when the material was taken ceases to be in force (subject to sub-paragraphs (3) and (4)). If, before the end of that period, the TPIM notice is quashed by the court under this Act, the material may be retained only until there is no possibility of an appeal against— If, after a TPIM notice is quashed or otherwise ceases to be in force, measures are imposed on the individual (whether by the revival of a TPIM notice or the imposition of a new TPIM notice)— sub-paragraphs (2) and (3) apply again for the purposes of the retention of that material (taking references to the TPIM notice as references to the revived or new TPIM notice). In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (3), 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.
In this Schedule—
This paragraph applies to paragraph 6 material taken from, or provided by, an individual— The material may be retained indefinitely.
“rules of court” means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session.
This Schedule confers powers of entry, search, seizure and retention on constables in connection with the imposition of measures on individuals.
This paragraph applies if a constable reasonably suspects that an individual in respect of whom a TPIM notice is in force has absconded. The constable may (without a warrant) enter and search any premises mentioned in sub-paragraph (3)— The premises referred to in sub-paragraph (2) are— A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—
Anything that is seized under a power conferred by virtue of this Schedule may be— In particular (and regardless of the ground on which the thing was seized)— Nothing may be retained for either of the purposes mentioned in sub-paragraph (2)(a) if a photograph or copy would be sufficient for that purpose. Nothing in this paragraph or in paragraph 12 affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
A power conferred on a constable by virtue of this Schedule—
is additional to powers which the constable has at common law or by virtue of any other enactment, and
is not to be taken as affecting those powers.
This paragraph applies if— The device may be seized and retained for as long as is necessary in all the circumstances. In particular— Nothing may be retained for either of the purposes mentioned in sub-paragraph (3)(a) if a photograph or copy would be sufficient for that purpose.
A constable may detain an individual for the purpose of carrying out a search of that individual under a power conferred by virtue of this Schedule.
A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred on the constable by virtue of this Schedule.
For the purposes of paragraphs 8 and 9 an individual is to be treated as having been convicted of an offence if— Paragraphs 8, 9 and this paragraph, so far as they relate to individuals convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974. But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012. For the purposes of paragraphs 8 and 9— In sub-paragraph (3) “qualifying offence” has— If an individual is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 8 or 9 whether the individual has been convicted of one offence.
Paragraph 6 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it. A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 6 material to be retained for the purposes of national security. A national security determination— In this paragraph “chief officer of police” means—
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— and, in the case of a revival or extension notice, “TPIM notice” means the TPIM notice which is revived or extended by that notice.
the period for which the TPIM notice will be in force;
the day on which the TPIM notice comes, or came, into force; and
the day on which the TPIM notice will expire;
An individual is not bound by— unless the notice is served personally on the individual.
a TPIM notice,
a revival notice, or
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 individual's consent,
An individual is not bound by an extension notice unless the notice is—
served personally on the individual, and
so served before the TPIM notice to which it relates would otherwise expire.
Any of the following notices must be served on the individual to whom the notice relates—
a revocation notice;
a variation notice insofar as subsection (2)(c) does not apply to it;
a confirmation notice.
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 TPIM notice;
an extension notice;
a revocation notice;
a revival notice;
a variation notice;
a confirmation notice.
But that does not prevent the proof of such a notice in other ways.
In this section—
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 connection with measures specified in TPIM notices.
The following are to be paid out of money provided by Parliament—
any expenditure incurred by the Secretary of State or Lord Chancellor by virtue of this Act, and
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
Schedule 7 (minor and consequential amendments) has effect.
Schedule 8 (transitional and saving provision) has effect.
In 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); “condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 3; “court” means— 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; in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland; in any other case, the High Court in England and Wales; “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); “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— proceedings on an application for permission under section 6; proceedings on a reference under Schedule 2; proceedings on a directions hearing held in accordance with directions under section 8(2); proceedings on a review hearing held in accordance with directions under section 8(4); proceedings on an appeal under section 16; proceedings by virtue of section 17(2); proceedings on an application made by virtue of rules of court made under paragraph 6 of Schedule 4 (application for order requiring anonymity); any other proceedings for questioning a TPIM decision (including any claim for damages or other relief arising out of such a decision).
“responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, the chief constable of the Police Service of Scotland;
The Secretary of State may impose restrictions on the individual entering— 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 of an area or place—
The Secretary of State may impose either or both of the following— The Secretary of State may, in particular, impose any of the following requirements— Property falls within this sub-paragraph if it is property of a specified description— A reference in this paragraph to the transfer of property includes a reference to the arrangement of such a transfer. 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 transfer of property includes a reference to the acquisition or disposal of such rights.
The Secretary of State may impose restrictions on the individual in relation to the individual's work or studies. The Secretary of State may, in particular, impose any of the following requirements— In this paragraph—
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. The Secretary of State may, in particular, impose any of the following requirements for co-operation with the specified arrangements— 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 inspection or modification of any apparatus used or maintained under the arrangements.
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. In 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. If sub-paragraph (1) does not apply, the court must confirm the TPIM notice (subject to any quashing of measures under sub-paragraph (2)). If 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).
In a case where— the 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.
a TPIM notice has come into force in relation to an individual, and
by 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,
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) (and not to it coming back into force by virtue of section 13(9)).
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.
A failure by the Secretary of State to consider an application by an individual for— is to be treated as a decision by the Secretary of State not to revoke, or not to vary, the TPIM notice.
the revocation of a TPIM notice, or
the variation of measures specified in a TPIM notice,
Subsections (2) to (5) apply for the purposes of this Act.
This Act may be cited as the Terrorism Prevention and Investigation Measures Act 2011.
This Act comes into force on the day after the day on which it is passed.
This Act extends to England and Wales, Scotland and Northern Ireland.
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.