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Anti-terrorism, Crime and Security Act 2001

Status:

This is the original version (as it was originally enacted).

21Suspected international terrorist: certification

This section has no associated Explanatory Notes

(1)The Secretary of State may issue a certificate under this section in respect of a person if the Secretary of State reasonably—

(a)believes that the person’s presence in the United Kingdom is a risk to national security, and

(b)suspects that the person is a terrorist.

(2)In subsection (1)(b) “terrorist” means a person who—

(a)is or has been concerned in the commission, preparation or instigation of acts of international terrorism,

(b)is a member of or belongs to an international terrorist group, or

(c)has links with an international terrorist group.

(3)A group is an international terrorist group for the purposes of subsection (2)(b) and (c) if—

(a)it is subject to the control or influence of persons outside the United Kingdom, and

(b)the Secretary of State suspects that it is concerned in the commission, preparation or instigation of acts of international terrorism.

(4)For the purposes of subsection (2)(c) a person has links with an international terrorist group only if he supports or assists it.

(5)In this Part—

  • “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11), and

  • “suspected international terrorist” means a person certified under subsection (1).

(6)Where the Secretary of State issues a certificate under subsection (1) he shall as soon as is reasonably practicable—

(a)take reasonable steps to notify the person certified, and

(b)send a copy of the certificate to the Special Immigration Appeals Commission.

(7)The Secretary of State may revoke a certificate issued under subsection (1).

(8)A decision of the Secretary of State in connection with certification under this section may be questioned in legal proceedings only under section 25 or 26.

(9)An action of the Secretary of State taken wholly or partly in reliance on a certificate under this section may be questioned in legal proceedings only by or in the course of proceedings under—

(a)section 25 or 26, or

(b)secton 2 of the Special Immigration Appeals Commission Act 1997 (c. 68) (appeal).

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