C1PART 1Temporary restrictions on travel

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Counter-Terrorism and Security (Jersey) Order 2017 (S.I. 2017/982), art. 2(a), Sch. 1

CHAPTER 2Temporary exclusion from the United Kingdom

Imposition of temporary exclusion orders

2Temporary exclusion orders

1

A “temporary exclusion order” is an order which requires an individual not to return to the United Kingdom unless—

a

the return is in accordance with a permit to return issued by the Secretary of State before the individual began the return, or

b

the return is the result of the individual's deportation to the United Kingdom.

2

The Secretary of State may impose a temporary exclusion order on an individual if conditions A to E are met.

3

Condition A is that the Secretary of State reasonably suspects that the individual is, or has been, involved in terrorism-related activity outside the United Kingdom.

4

Condition B is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public in the United Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed on the individual.

5

Condition C is that the Secretary of State reasonably considers that the individual is outside the United Kingdom.

6

Condition D is that the individual has the right of abode in the United Kingdom.

7

Condition E is that—

a

the court gives the Secretary of State permission under section 3, or

b

the Secretary of State reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission.

8

During the period that a temporary exclusion order is in force, the Secretary of State must keep under review whether condition B is met.

3Temporary exclusion orders: prior permission of the court

1

This section applies if the Secretary of State—

a

makes the relevant decisions in relation to an individual, and

b

makes an application to the court for permission to impose a temporary exclusion order on the individual.

2

The function of the court on the application is to determine whether the relevant decisions of the Secretary of State are obviously flawed.

3

The court may consider the application—

a

in the absence of the individual,

b

without the individual having been notified of the application, and

c

without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.

4

But that does not limit the matters about which rules of court may be made.

5

In determining the application, the court must apply the principles applicable on an application for judicial review.

6

In a case where the court determines that any of the relevant decisions of the Secretary of State is obviously flawed, the court may not give permission under this section.

7

In any other case, the court must give permission under this section.

8

Schedule 2 makes provision for references to the court etc where temporary exclusion orders are imposed in cases of urgency.

9

Only the Secretary of State may appeal against a determination of the court under—

a

this section, or

b

Schedule 2;

and such an appeal may only be made on a question of law.

10

In this section “the relevant decisions” means the decisions that the following conditions are met—

a

condition A;

b

condition B;

c

condition C;

d

condition D.

4Temporary exclusion orders: supplementary provision

1

The Secretary of State must give notice of the imposition of a temporary exclusion order to the individual on whom it is imposed (the “excluded individual”).

2

Notice of the imposition of a temporary exclusion order must include an explanation of the procedure for making an application under section 6 for a permit to return.

3

A temporary exclusion order—

a

comes into force when notice of its imposition is given; and

b

is in force for the period of two years (unless revoked or otherwise brought to an end earlier).

4

The Secretary of State may revoke a temporary exclusion order at any time.

5

The Secretary of State must give notice of the revocation of a temporary exclusion order to the excluded individual.

6

If a temporary exclusion order is revoked, it ceases to be in force when notice of its revocation is given.

7

The validity of a temporary exclusion order is not affected by the excluded individual—

a

returning to the United Kingdom, or

b

departing from the United Kingdom.

8

The imposition of a temporary exclusion order does not prevent a further temporary exclusion order from being imposed on the excluded individual (including in a case where an order ceases to be in force at the expiry of its two year duration).

9

At the time when a temporary exclusion order comes into force, any British passport held by the excluded individual is invalidated.

10

During the period when a temporary exclusion order is in force, the issue of a British passport to the excluded individual while he or she is outside the United Kingdom is not valid.

11

In this section “British passport” means a passport, or other document which enables or facilitates travel from one state to another (except a permit to return), that has been—

a

issued by or for Her Majesty's Government in the United Kingdom, and

b

issued in respect of a person's status as a British citizen.