Search Legislation

Terrorism Prevention and Investigation Measures Act 2011

Status:

This is the original version (as it was originally enacted).

Appeals and court proceedings

16Appeals

(1)If the Secretary of State extends or revives a TPIM notice (see section 5(2) or 13(6))—

(a)the individual to whom the TPIM notice relates may appeal to the court against the extension or revival; and

(b)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.

(2)If the Secretary of State varies 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 (see section 12(1)(c))—

(a)the individual may appeal to the court against the variation; and

(b)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.

(3)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))—

(a)the individual may appeal to the court against any decision by the Secretary of State on the application; and

(b)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.

(4)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))—

(a)the individual may appeal to the court against any decision by the Secretary of State on the application; and

(b)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.

(5)If the individual to whom a TPIM notice relates makes an application to the Secretary of State for permission—

(a)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

(b)the function of the court on such an appeal is to review the decision.

(6)In determining the matters mentioned in subsections (1) to (5) the court must apply the principles applicable on an application for judicial review.

(7)The only powers of the court on an appeal under this section are—

(a)power to quash the extension or revival of the TPIM notice;

(b)power to quash measures specified in the TPIM notice;

(c)power to give directions to the Secretary of State for, or in relation to,—

(i)the revocation of the TPIM notice, or

(ii)the variation of measures the TPIM notice specifies;

(d)power to give directions to the Secretary of State in relation to permission or conditions to which permission is subject.

(8)If the court does not exercise any of its powers under subsection (7), it must dismiss the appeal.

(9)In this section “permission” means permission for the purposes of measures specified in a TPIM notice (see, in particular, paragraph 13 of Schedule 1).

17Jurisdiction in relation to decisions under this Act

(1)TPIM decisions are not to be questioned in any legal proceedings other than—

(a)proceedings in the court; or

(b)proceedings on appeal from such proceedings.

(2)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.

(3)In this Act “TPIM decision” means—

(a)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;

(b)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;

(c)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);

(d)a decision by a person to give a direction by virtue of paragraph 12(2)(d) of Schedule 1 (monitoring measure).

18Proceedings relating to measures

(1)No appeal shall lie from any determination of the court in TPIM proceedings, except on a question of law.

(2)No appeal by any person other than the Secretary of State shall lie from any determination—

(a)on an application for permission under section 6; or

(b)on a reference under Schedule 2.

(3)Schedule 4 (proceedings relating to measures) has effect.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources