Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

Final provisions

30 Interpretation etc

(1) 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—

  (a)

  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;

  (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;

• “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—

  (a)

  proceedings 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 directions under section 8(4);

  (e)

  proceedings on an appeal under section 16;

  (f)

  proceedings by virtue of section 17(2);

  (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 (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 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,

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.

(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) (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) A 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 vary, the TPIM notice.

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