Prevention of Terrorism Act 2005

Prevention of Terrorism Act 2005

2005 CHAPTER 2

Commentary

Section 1: Power to make control orders

Subsections (1) to (3)

23. Subsection (1) defines control orders. Subsection (2) explains that control orders may be made by the Secretary of State unless they involve obligations that are incompatible with Article 5 of the ECHR. If they involve such obligations, they can be made only by the court on an application by the Secretary of State. Subsection (3) states that the obligations that may be imposed as part of a control order must be those considered necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity.

Subsections (4) to (8)

24. Subsection (4) sets out an illustrative list of obligations that may be imposed as part of a control order. Subsection (5) confirms that a control order may restrict a person’s movements by, for example, requiring him to stay in a particular place at particular times or generally. Subsection (6) explains that controlled persons may be required to cooperate with practical arrangements for monitoring control orders, such as wearing and maintaining apparatus as directed. Subsection (7) provides that information that the controlled person may be required to provide under a control order includes advance information about his proposed movements or other activities. Subsection (8) provides that a particular obligation imposed by an order may be expressed so that it can be waived (on a single or on multiple occasions) if the individual seeks and obtains prior permission for this from a specified person.

25. Subsection (9) defines ‘involvement in terrorism-related activity’ for the purposes of the Act as:

a)

the commission, preparation or instigation of acts of terrorism;

b)

conduct which facilitates or is intended to facilitate the commission, preparation or instigation of such acts;

c)

conduct which gives encouragement or is intended to give encouragement to the commission, preparation or instigation of such acts;

d)

conduct which gives support or assistance to those known or believed to be involved in terrorism-related activity;

and applies regardless of whether these relate to specific acts or to terrorism in general. By virtue of section 15(1), “terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).

26. Subsection (10) defines the terms ‘derogating obligation’ (an obligation incompatible with Article 5 which is of a description set out in a designation order), ‘designated derogation’ (by reference to the Human Rights Act 1998) and ‘designation order’(the order under section 14(1) of the Human Rights Act 1998 by which the derogation is designated).