Schedule 1, Part 1: Measures
41.Schedule 1 sets out an exhaustive list of the types of measures which may be imposed on an individual under this Act. The Secretary of State may impose any or all of the measures that he or she reasonably considers necessary, for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity. There could therefore, in practice, be a considerable variation in the number and severity of measures that are imposed on different individuals according to the terrorism-related risk that they are assessed to present.
42.Paragraph 1 allows the Secretary of State to require the individual to reside at or within a specified residence – either his or her own residence or a residence provided by the Secretary of State – and to remain there for a specified period or periods overnight. Under this measure the individual could be required to remain wholly within the residence during the specified overnight period (that is, the individual would be required to remain behind his or her front door) or the individual might also be permitted access to any gardens or communal areas within the outer boundary of the property. The hours between which the individual must remain overnight at or within the residence must be specified by the Secretary of State in the TPIM notice. The term “overnight” is not defined in the Act, but as a matter of public law the period would need to fall between hours which a reasonable person would consider “overnight”. This contrasts with the position under control orders, where current case law allows for the imposition of a curfew of up to 16 hours’ duration per day.(1)
43.The Secretary of State may also require the individual to give notice of the identity of others who live at the specified residence – including if another person moves in to the individual’s residence. In relation to this, the individual would have to comply with the requirements in relation to giving notice in paragraph 14 of Schedule 1.
44.Subparagraphs (7), (8) and (9) provide that, where the Secretary of State imposes a requirement to remain at or within the specified residence for specified hours overnight, he or she must include provision allowing the individual to seek permission to be away from the residence on occasion during that period. If granted, such permission can be made subject to conditions (in accordance with paragraph 13(7) of Schedule 1). Such conditions may include that the individual stay at or within agreed premises (if the individual has requested an overnight stay at premises other than the specified residence) and that the individual remain at or within such premises between specified hours overnight. Such permission may also include other conditions restricting the individual’s movements while away from the specified residence. This provision could be used, for example, to allow the individual to stay overnight with a friend or relative (subject to conditions imposing, for example, alternative monitoring or reporting requirements). It could also be used, for example, to allow the individual to attend a particular event on a particular occasion (when he or she would normally be required to remain at or within the residence for that part of the evening), provided the individual only attends that event and abides by certain other conditions (such as restrictions on the company the individual keeps and the route they take to attend the event).
45.Where the Secretary of State provides a residence, this must be in the same locality as the individual’s own residence if he or she has one, or if the individual has no such residence, a locality to which he or she has a connection, or if the individual has no such connection (for example if he or she has just entered the country and has no family in the UK), a locality which the Secretary of State considers appropriate. Alternatively, the Secretary of State may agree an alternative locality with the individual. The Secretary of State may require the individual to comply with specified terms of occupancy for such a residence. The Coalition Government’s review of control orders concluded that, under the Act, it should not be possible to relocate an individual to another part of the country without the individual’s consent. The provision in subparagraphs (3), (4) and (5) implements this.
46.Paragraph 2 allows the Secretary of State to impose restrictions on an individual leaving the United Kingdom, or Great Britain if that is the individual’s place of residence, or Northern Ireland if that is his or her place of residence. The restrictions imposed may include a requirement not to leave the specified area without receiving permission from or, as the case may be, giving notice to the Secretary of State, and a prohibition on the individual possessing passports or international travel tickets without permission from the Secretary of State.
47.Paragraph 3 allows the Secretary of State to impose restrictions on an individual entering specified areas or places (for example particular streets, localities or towns where it is believed his or her extremist contacts live or associate) or types of areas or places (for example internet cafés or airports). This contrasts to the position under the 2005 Act, where it was possible to impose geographical boundaries on controlled individuals, limiting their movements to within a defined area at any time. The Secretary of State may require the individual to obtain permission or, as the case may be, give notice before entering a specified area or place and may impose conditions in relation to the individual’s access to such an area or place. For example, the Secretary of State may require the individual to be escorted by a constable or other person while they are in the specified area or place.
48.Paragraph 4 allows the Secretary of State to provide that the individual must comply with directions in relation to his or her movements given by a constable. The direction must be given for the purpose of (a) securing the individual’s compliance with other specified measures (for example requiring the individual to be escorted to his or her specified residence for the purposes of fitting him or her with an electronic tag – in accordance with a requirement imposed under paragraph 12) or (b) where the individual is being escorted by a constable as part of a condition imposed under this Act. Directions given under a movement directions measure may last for as long as the constable considers necessary up to a maximum of 24 hours.
49.Paragraph 5 allows the Secretary of State to provide for restrictions on the individual’s access to financial services. The Secretary of State may, in particular, require an individual to hold no more than one nominated financial account without the permission of the Secretary of State and to comply with conditions associated with that nominated account (for example, a requirement to provide copies of account statements and related documents). The nominated account must be at a bank (the definition of which in subparagraph (4) includes a building society) in the United Kingdom. The Secretary of State may also require the individual not to hold more than a specified amount of cash, which for this purpose includes a range of financial instruments as well as notes and coins.
50.Paragraph 6 allows the Secretary of State to impose a measure relating to the individual’s property under which the Secretary of State may, for example, place restrictions on an individual’s ability to transfer money or other property outside the United Kingdom without permission or, as the case may be, without giving notice. The Secretary of State may impose conditions in relation to the transfer of property to or by the individual. The Secretary of State may also require the individual to disclose the details of any property of a specific description in which he or she has an interest or over which he or she may exercise any right. The definition of “property” for the purposes of this provision allows the imposition of a requirement to notify the Secretary of State in advance of the individual, for example, hiring a car.
51.Paragraph 7 allows the Secretary of State to impose a measure in relation to electronic communications devices under which the Secretary of State may, in particular, prohibit (subject to subparagraph (3)) an individual from possessing or using electronic communications devices without permission, and impose conditions on the possession or use of any permitted devices. The Secretary of State may also impose requirements on the individual in relation to other persons’ possession or use of devices within the individual’s residence. ‘Electronic communications devices’ are explained in subparagraphs (5) and (6) and include computers, telephones, any device which is capable of transmitting, receiving, or storing electronic information and any related devices and their components. A non-exhaustive list of examples of the type of conditions that may be specified is found in subparagraph (4). This includes a requirement to allow specified descriptions of people (for example constables) access to the residence for the purpose of monitoring any devices.
52.Where the Secretary of State imposes an electronic communications device measure it must, as a minimum, allow the individual to possess and use a fixed line telephone, a computer with internet access via a fixed line and a mobile phone which does not provide access to the internet (subparagraph (3)). There was no minimum level of permitted access to communications devices under the 2005 Act.
53.Paragraph 8 allows the Secretary of State to impose restrictions on the individual’s association or communication with other persons, under which the Secretary of State may, in particular, impose a requirement not to associate or communicate with specified persons or persons of specified descriptions (for example persons living outside the UK) without the permission of the Secretary of State. The Secretary of State may for example impose a requirement that the individual may not associate with a list of named individuals (without permission), and that if they wish to associate with others, they must first give notice to the Secretary of State. Permission to associate or communicate with a specified person may be subject to conditions (see subparagraph (2)(c) and paragraph 13(7)), for example that the individual is escorted by a constable or someone else. This measure relates to association or communication by any means and whether directly or indirectly. If, on being notified that the individual wishes to associate with a named person, the Secretary of State believes that prohibiting such association is necessary to prevent or restrict the individual’s involvement in terrorism-related activity, the Secretary of State may vary the measure to provide that person as a specified person with whom the individual may not associate without permission (see section 12(1) which allows for the variation of measures by the Secretary of State).
54.Paragraph 9 allows the Secretary of State to impose restrictions on the individual’s work or studies under which, in particular, an individual could be prohibited from undertaking certain specified types of work or studies without the permission of the Secretary of State (for example work in public transport or studies in chemical engineering). The individual could be required to give notice to the Secretary of State before undertaking any other work or studies and to comply with conditions in connection with any work or studies. This measure relates to any business or occupation (paid or unpaid) and any course of education or training. Again, if on being notified that the individual intends to commence employment of a particular nature, the Secretary of State considers it necessary to prohibit such employment, he or she may vary the TPIM notice accordingly under section 12(1).
55.Paragraph 10 allows the Secretary of State to require an individual to report to a particular police station at a time and in a manner notified to him or her in writing, and to comply with directions given by a constable in relation to that reporting.
56.Paragraph 11 provides for a measure under which the Secretary of State may require an individual to have his or her photograph taken.
57.Paragraph 12 allows the Secretary of State to require an individual to cooperate with specified arrangements for enabling his or her movements, communications and other activities to be monitored. This may include a requirement to wear, use or maintain for example an electronic tag and associated apparatus, to comply with associated directions and to grant access to the residence for these purposes.
See in particular Secretary of State for the Home Department JJ & Others [2007] UKHL 45 and Secretary of State for the Home Department v AP [2010] UKSC 24
