Counter-Terrorism and Security Act 2015

PART 2 Terrorism prevention and investigation measures

16 TPIMs: overnight residence measure

(1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (terrorism prevention and investigation measures), paragraph 1 (overnight residence measure) is amended as follows.

(2) For sub-paragraph (3)(b) substitute—

“(b) other premises situated in an agreed locality or in some other locality in the United Kingdom that the Secretary of State considers to be appropriate.”

(3) After sub-paragraph (3) insert—

“(3A) If there are premises that are the individual’s own residence at the time when the notice imposing restrictions under this paragraph is served on the individual, premises more than 200 miles from those premises may be specified under sub-paragraph (3)(b) only if they are in an agreed locality.”

(4) Omit sub-paragraph (4).

(5) After sub-paragraph (5) insert—

“(5A) The specified residence (if it is not the individual’s own residence) may be a residence provided by or on behalf of the Secretary of State.”

17 TPIMs: travel measure

(1) The Terrorism Prevention and Investigation Measures Act 2011 is amended as follows.

(2) In section 2 (imposition of terrorism prevention and investigation measures), after subsection (3) insert—

“(4) The Secretary of State must publish factors that he or she considers are appropriate to take into account when deciding whether to impose restrictions on an individual by virtue of paragraph 2 of Schedule 1 (travel measure).”

(3) In section 23 (offence), after subsection (1) insert—

“(1A) Where an individual—

(a) is subject to a measure specified under paragraph 2 of Schedule 1 (a “travel measure”), and

(b) leaves the United Kingdom or travels outside the United Kingdom,

subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.”

(4) After subsection (3) of that section insert—

“(3A) Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (3)(a) has effect as if “10 years” were substituted for “5 years”.”

(5) In Schedule 1, in paragraph 2 (travel measure), for sub-paragraph (2) substitute—

“(2) The specified area must be—

(a) the United Kingdom, or

(b) any area within the United Kingdom that includes the place where the individual will be living.”

18 TPIMs: weapons and explosives measure

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, after paragraph 6 insert—

“Weapons and explosives measure

6A (1) The Secretary of State may impose on the individual—

(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—

  (a)

  an explosive within the meaning of the Explosives Act 1875, or

  (b)

  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.”

19 TPIMs: appointments measure

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011, after paragraph 10 insert—

“Appointments measure

10A (1) The Secretary of State may impose a requirement for the individual—

(a) to attend appointments with specified persons or persons of specified descriptions, and

(b) to comply with any reasonable directions given by the Secretary of State that relate to matters about which the individual is required to attend an appointment.

(2) A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—

(a) at specified times and places, or

(b) at times and places notified to the individual by persons referred to in that sub-paragraph.”

20 TPIMs: miscellaneous amendments

(1) In section 3 of the Terrorism Prevention and Investigation Measures Act 2011 (conditions A to E), in subsection (1), for “reasonably believes” substitute “is satisfied, on the balance of probabilities,”.

(2) In section 4 of that Act (involvement in terrorism-related activity), in subsection (1)(d), for “paragraphs (a) to (c)” substitute “paragraph (a)”.