Other safeguards

Expiry and repeal of TPIM powers
21
1
Except so far as otherwise provided under this section, the Secretary of State’s TPIM powers expire at the end of 5 years beginning with the day on which this Act is passed.
2
The Secretary of State may, by order made by statutory instrument—
a
repeal the Secretary of State’s TPIM powers;
b
at any time revive the Secretary of State’s TPIM powers for a period not exceeding 5 years;
c
provide that the Secretary of State’s TPIM powers—
i
are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection; but
ii
are to continue in force after that time for a period not exceeding 5 years.
3
Before making an order under this section the Secretary of State must consult—
a
the independent reviewer appointed for the purposes of section 20;
b
the Intelligence Services Commissioner; and
c
the Director-General of the Security Service.
4
An order under this section may not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.
5
Subsection (4) does not apply to an order that contains a declaration by the Secretary of State that the order needs, by reason of urgency, to be made without the approval required by that subsection.
6
An order that contains such a declaration—
a
must be laid before Parliament after being made; and
b
if not approved by a resolution of each House before the end of 40 days beginning with the day on which the order was made, ceases to have effect at the end of that period.
7
Where an order ceases to have effect in accordance with subsection (6), that does not—
a
affect anything previously done in reliance on the order; or
b
prevent the making of a new order to the same or similar effect.
8
In this section—
- “40 days” means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946;
- “Secretary of State’s TPIM powers” means—
  1. the power to impose a TPIM notice under section 2;
  2. the power to extend a TPIM notice under section 5(2);
  3. the power to vary a TPIM notice under section 12(1)(c); and
  4. the power to revive a TPIM notice under section 13(6) to (9).