- Latest available (Revised)
- Original (As enacted)
There are currently no known outstanding effects for the Terrorism Prevention and Investigation Measures Act 2011, Section 16.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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 [F1under section 12(1)(c)] 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 F2...—
(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.
[F3(2A)If the Secretary of State varies a relocation measure specified in a TPIM notice under section 12(1A)—
(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—
(i)the variation was necessary for reasons connected with the efficient and effective use of resources in relation to the individual, and
(ii)the relocation measure (as varied) remained, and continues to be, necessary for purposes connected with preventing or restricting involvement by the individual in terrorism-related activity.
(2B)In subsection (2A) “relocation measure” has the meaning given by section 12(1B).]
(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).
Textual Amendments
F1Words in s. 16(2) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 36(3)(a)(i), 50(2)(s)
F2Words in s. 16(2) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 36(3)(a)(ii), 50(2)(s)
F3S. 16(2A)(2B) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 36(3)(b), 50(2)(s)
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:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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: