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Prevention of Terrorism Act 2005
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- 2005 c. 2
- Control orders
- Section 2
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- s. 1-9 continued by S.I. 2006/512 art. 2
- s. 1-9 continued by S.I. 2007/706 art. 2
- s. 1-9 continued by S.I. 2008/559 art. 2
- s. 1-9 continued by S.I. 2009/554 art. 2
- s. 1-9 continued by S.I. 2010/645 art. 2
- s. 1-9 continued by S.I. 2011/716 art. 2
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- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 7A-7C inserted by 2008 c. 28 s. 78(1)
- s. 7D 7E inserted by 2010 c. 17 s. 56(1)
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Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2009/58 art. 2 Commencement Order
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
2Making of non-derogating control ordersE+W+S+N.I.
This section has no associated Explanatory Notes
(1)The Secretary of State may make a control order against an individual if he—
(a)has reasonable grounds for suspecting that the individual is or has been involved in terrorism-related activity; and
(b)considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to make a control order imposing obligations on that individual.
(2)The Secretary of State may make a control order against an individual who is for the time being bound by a control order made by the court only if he does so—
(a)after the court has determined that its order should be revoked; but
(b)while the effect of the revocation has been postponed for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual.
(3)A control order made by the Secretary of State is called a non-derogating control order.
(4)A non-derogating control order—
(a)has effect for a period of 12 months beginning with the day on which it is made; but
(b)may be renewed on one or more occasions in accordance with this section.
(5)A non-derogating control order must specify when the period for which it is to have effect will end.
(6)The Secretary of State may renew a non-derogating control order (with or without modifications) for a period of 12 months if he—
(a)considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for an order imposing obligations on the controlled person to continue in force; and
(b)considers that the obligations to be imposed by the renewed order are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity.
(7)Where the Secretary of State renews a non-derogating control order, the 12 month period of the renewal begins to run from whichever is the earlier of—
(a)the time when the order would otherwise have ceased to have effect; or
(b)the beginning of the seventh day after the date of renewal.
(8)The instrument renewing a non-derogating control order must specify when the period for which it is renewed will end.
(9)It shall be immaterial, for the purposes of determining what obligations may be imposed by a control order made by the Secretary of State, whether the involvement in terrorism-related activity to be prevented or restricted by the obligations is connected with matters to which the Secretary of State's grounds for suspicion relate.
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