Terrorism Prevention and Investigation Measures Act 2011

14 Replacement of TPIM notice that is quashed etc

(1) This section applies if—

(a) a TPIM notice, the extension of a TPIM notice, or the revival of a TPIM notice, is quashed in TPIM proceedings, or

(b) a TPIM notice is revoked by the Secretary of State in compliance with directions given by the court in TPIM proceedings.

(2) The replacement TPIM notice is to be in force for the period of time for which the overturned notice would have continued in force but for the quashing or revocation.

(3) The replacement TPIM notice may not be extended under section 5(2) if the overturned notice had been extended under section 5(2) (including where the extension is quashed).

(4) Terrorism-related activity is to be treated as new terrorism-related activity in relation to the imposition of measures by the replacement TPIM notice if it was new terrorism-related activity in relation to the imposition of measures by the overturned notice.

(5) Terrorism-related activity that occurs after the coming into force of the overturned notice does not cease to be new terrorism-related activity by virtue of the coming into force of the replacement TPIM notice.

(6) Subsections (2) to (5) do not apply to the replacement notice if—

(a) some or all of the relevant activity (within the meaning of section 3) occurred after the overturned notice came into force, and

(b) the Secretary of State determines that those subsections should not apply to that notice.

(7) In this section—

• “new terrorism-related activity” has the same meaning as in section 3;

• “overturned notice” means the TPIM notice to which the quashing or revocation referred to in subsection (1) relates;

• “replacement TPIM notice” means the first TPIM notice to impose measures on the individual to whom the overturned notice relates after the quashing or revocation referred to in subsection (1).