C1PART 1Temporary restrictions on travel
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.
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