Prevention of Terrorism Act 2005

2 Making of non-derogating control orders

(1) The Secretary of State may make a control order against an individual if he—

(a) has reasonable grounds for suspecting that the individual is or has been involved in terrorism-related activity; and

(b) considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to make a control order imposing obligations on that individual.

(2) The Secretary of State may make a control order against an individual who is for the time being bound by a control order made by the court only if he does so—

(a) after the court has determined that its order should be revoked; but

(b) while the effect of the revocation has been postponed for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual.

(3) A control order made by the Secretary of State is called a non-derogating control order.

(4) A non-derogating control order—

(a) has effect for a period of 12 months beginning with the day on which it is made; but

(b) may be renewed on one or more occasions in accordance with this section.

(5) A non-derogating control order must specify when the period for which it is to have effect will end.

(6) The Secretary of State may renew a non-derogating control order (with or without modifications) for a period of 12 months if he—

(a) considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for an order imposing obligations on the controlled person to continue in force; and

(b) considers that the obligations to be imposed by the renewed order are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity.

(7) Where the Secretary of State renews a non-derogating control order, the 12 month period of the renewal begins to run from whichever is the earlier of—

(a) the time when the order would otherwise have ceased to have effect; or

(b) the beginning of the seventh day after the date of renewal.

(8) The instrument renewing a non-derogating control order must specify when the period for which it is renewed will end.

(9) It shall be immaterial, for the purposes of determining what obligations may be imposed by a control order made by the Secretary of State, whether the involvement in terrorism-related activity to be prevented or restricted by the obligations is connected with matters to which the Secretary of State’s grounds for suspicion relate.