- Latest available (Revised)
- Original (As enacted)
Terrorism Prevention and Investigation Measures Act 2011, Cross Heading: Electronic communication device measure is up to date with all changes known to be in force on or before 08 December 2016. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
6A(1)The Secretary of State may impose on the individual—E+W+S+N.I.
(a)a prohibition on possessing offensive weapons, imitation firearms or explosives;
(b)a prohibition on making an application for a firearm certificate or a shot gun certificate.
(2)In sub-paragraph (1)(a)—
“ offensive weapon ” means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);
“ imitation firearm ” has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 ( S.I. 2004/702 (N.I. 3));
“ explosive ” means anything that is—
an explosive within the meaning of the Explosives Act 1875, or
an explosive substance within the meaning of the Explosive Substances Act 1883.
(3)For the purposes of sub-paragraph (1)(b)—
(a)an application for a firearm certificate is an application under section 26A of the Firearms Act 1968 or article 4 of the Firearms (Northern Ireland) Order 2004;
(b)an application for a shot gun certificate is an application under section 26B of the Firearms Act 1968.]
7(1)The Secretary of State may impose either or both of the following—E+W+S+N.I.
(a)restrictions on the individual's possession or use of electronic communication devices;
(b)requirements on the individual in relation to the possession or use of electronic communication devices by other persons in the individual's residence.
(2)The Secretary of State may, in particular, impose—
(a)a requirement not to possess or use any devices without the permission of the Secretary of State (subject to sub-paragraph (3));
(b)a requirement that a device may only be possessed or used subject to specified conditions.
(3)The Secretary of State must allow the individual to possess and use (at least) one of each of the following descriptions of device (subject to any conditions on such use as may be specified under sub-paragraph (2)(b))—
(a)a telephone operated by connection to a fixed line;
(b)a computer that provides access to the internet by connection to a fixed line (including any apparatus necessary for that purpose);
(c)a mobile telephone that does not provide access to the internet.
(4)The conditions specified under sub-paragraph (2)(b) may, in particular, include conditions in relation to—
(a)the type or make of a device (which may require the individual to use a device that is supplied or modified by the Secretary of State);
(b)the manner in which, or the times at which, a device is used;
(c)the monitoring of such use;
(d)the granting to a specified description of person of access to the individual's premises for the purpose of the inspection or modification of a device;
(e)the surrendering to a specified description of person of a device on a temporary basis for the purpose of its inspection or modification at another place.
(5) An “ electronic communication device ” means any of the following—
(a)a device that is capable of storing, transmitting or receiving images, sounds or information by electronic means;
(b)a component part of such a device;
(c)an article designed or adapted for use with such a device (including any disc, memory stick, film or other separate article on which images, sound or information may be recorded).
(6)The devices within sub-paragraph (5)(a) include (but are not limited to)—
(b)telephones (whether mobile telephones or telephones operated by connection to a fixed line),
(c)equipment (not within paragraph (a) or (b)) designed or adapted for the purpose of connecting to the internet, and
(d)equipment designed or adapted for the purposes of sending or receiving facsimile transmissions.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: