The Temporary Exclusion Orders (Notices) Regulations 2015

Statutory Instruments

2015 No. 438

Prevention And Suppression Of Terrorism

The Temporary Exclusion Orders (Notices) Regulations 2015

Made

2nd March 2015

Laid before Parliament

3rd March 2015

Coming into force

26th March 2015

The Secretary of State, in exercise of the powers conferred by section 13(1) and (2) of the Counter-Terrorism and Security Act 2015(1), makes the following Regulations:

Citation, commencement and interpretation

1.  These Regulations may be cited as the Temporary Exclusion Orders (Notices) Regulations 2015 and come into force on 26th March 2015.

2.  In these Regulations—

“the Act” means the Counter-Terrorism and Security Act 2015;

“P” means a person on whom the Secretary of State has decided to impose a temporary exclusion order under section 2 or obligations under section 9 of the Act.

Service of notice

3.—(1) A notice given to P in accordance with section 4 or section 9 of the Act may be—

(a) given by hand, including on behalf of the Government of the United Kingdom by a representative of another government;

(b) sent by fax;

(c) sent by postal service in which delivery or receipt is recorded to—

(i) an address provided for correspondence by P or P’s representative; or

(ii) where no address for correspondence has been provided, the last-known or usual place of abode or place of business of P or P’s representative;

(d) sent electronically;

(e) sent by document exchange to a document exchange number or address;

(f) sent by courier;

(g) collected by P or P’s representative.

(2) Where—

(a) P’s whereabouts are not known, and

(b) no address is available for correspondence with P or P’s representative under paragraph (1)(c),

the notice shall be deemed to have been given when the Secretary of State enters a record of the above circumstances and places the signed notice on the relevant file.

(3) Where notice is deemed to have been given in accordance with paragraph (2) and subsequently P is located, P is to be given a copy of the notice and details of when and how it was deemed to have been given as soon as is practicable.

(4) Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been given—

(a) where the notice is sent by post from and to a place within the United Kingdom, on the second day after it was sent;

(b) where the notice is sent by post from or to a place outside the United Kingdom, on the twenty-eighth day after it was sent.

(5) For the purpose of paragraph (4)(a) the second day after the notice was posted is to be calculated—

(a) excluding the day on which the notice was posted, and

(b) excluding any day which is not a business day.

(6) In this regulation, “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(2) in the part of the United Kingdom to which the notice is sent, Christmas Day or Good Friday.

James Brokenshire

Minister of State

Home Office

2nd March 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision under section 13(1) and (2) of the Counter-Terrorism and Security Act 2015 (“the 2015 Act”) in respect of the giving of notice to a person on whom the Secretary of State has decided to impose a temporary exclusion order under section 2 or obligations under section 9 of the 2015 Act. The Regulations make provision for the timing and method of giving notice, and in respect of circumstances in which notice is to be deemed to have been given.

(1)

2015 c. 6.

(2)

1971 c. 80.