- Latest available (Revised)
- Original (As enacted)
Terrorism Prevention and Investigation Measures Act 2011, SCHEDULE 2 is up to date with all changes known to be in force on or before 17 January 2017. 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.
1This Schedule applies if the Secretary of State—E+W+S+N.I.
(a)makes the relevant decisions in relation to an individual, and
(b)imposes measures on the individual.
2The TPIM notice must include a statement that the Secretary of State reasonably considers that the urgency of the case requires measures to be imposed without obtaining the permission of the court under section 6.E+W+S+N.I.
3(1)Immediately after serving the TPIM notice, the Secretary of State must refer to the court the imposition of the measures on the individual.E+W+S+N.I.
(2)The function of the court on the reference is to consider whether the relevant decisions of the Secretary of State were obviously flawed.
(3)The court's consideration of the reference must begin within the period of 7 days beginning with the day on which the TPIM notice is served on the individual.
(4)The court may consider the reference—
(a)in the absence of the individual;
(b)without the individual having been notified of the reference; and
(c)without the individual having been given an opportunity (if the individual was aware of the reference) of making any representations to the court.
(5)But that does not limit the matters about which rules of court may be made.
4(1)In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court must quash the TPIM notice.E+W+S+N.I.
(2)In a case where the court determines that a decision of the Secretary of State that condition D is met is obviously flawed, the court must quash those of the measures which it determines that decision relates to.
(3)If sub-paragraph (1) does not apply, the court must confirm the TPIM notice (subject to any quashing of measures under sub-paragraph (2)).
(4)If the court determines that the Secretary of State's decision that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the TPIM notice under the preceding provisions of this paragraph).
5(1)In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review.E+W+S+N.I.
(2)The court must ensure that the individual is notified of the court's decision on a reference under paragraph 3.
6(1)References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 3(5)(b) (urgency of the case requires measures to be imposed without obtaining the permission of the court).E+W+S+N.I.
(2)In this Schedule “relevant decisions” means the decisions that the following conditions are met—
(e)the urgency condition.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: