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Prevention of Terrorism (Temporary Provisions) Act 1989

Status:

This is the original version (as it was originally enacted).

3(1)If after being served with notice of the making of an exclusion order the person against whom it is made objects to the order he may—

(a)make representations in writing to the Secretary of State setting out the grounds of his objections; and

(b)include in those representations a request for a personal interview with the person or persons nominated by the Secretary of State under sub-paragraph (5) below.

(2)Subject to sub-paragraphs (3) and (4) below, a person against whom an exclusion order has been made must exercise the rights conferred by sub-paragraph (1) above within seven days of the service of the notice.

(3)Where before the end of that period—

(a)he has consented to his removal under paragraph 5 below from Great Britain, Northern Ireland or the United Kingdom, as the case may be; and

(b)he has been removed accordingly,

he may exercise the rights conferred by sub-paragraph (1) above within fourteen days of his removal.

(4)Where at the time when the notice of an exclusion order is served on a person he is in a part of the United Kingdom other than that from which the order excludes him he may exercise the rights conferred by sub-paragraph (1) above within fourteen days of the service of the notice.

(5)If a person exercises those rights within the period within which they are required to be exercised by him, the matter shall be referred for the advice of one or more persons nominated by the Secretary of State.

(6)Where sub-paragraph (2) above applies, the person against whom the exclusion order has been made shall be granted a personal interview with the person or persons so nominated.

(7)Where sub-paragraph (3) or (4) above applies, the person against whom the exclusion order has been made shall be granted a personal interview with the person or persons so nominated if it appears to the Secretary of State that it is reasonably practicable to grant him such an interview in an appropriate country or territory within a reasonable period from the date on which he made his representations.

(8)In sub-paragraph (7) above “an appropriate country or territory” means—

(a)Northern Ireland or the Republic of Ireland if the exclusion order was made under section 5 of this Act;

(b)Great Britain or the Republic of Ireland if it was made under section 6 of this Act;

(c)the Republic of Ireland if it was made under section 7 of this Act.

(9)Where it appears to the Secretary of State that it is reasonably practicable to grant a personal interview in more than one appropriate country or territory he may grant the interview in whichever of them he thinks fit.

(10)It shall be for the Secretary of State to determine the place in any country or territory at which an interview under this paragraph is to be granted.

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