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The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2026

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2026, ISBN 9780348287134

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 21(4) of the Terrorism Prevention and Investigation Measures Act 2011 (c. 23), for approval by resolution of each House of Parliament.

PREVENTION AND SUPPRESSION OF TERRORISM

Made ***

Coming into force 13th December 2026

The Secretary of State makes this Order in exercise of the powers conferred by section 21(2)(c) of the Terrorism Prevention and Investigation Measures Act 2011f1.

The Secretary of State has consulted in accordance with section 21(3) of that Actf2.

In accordance with section 21(4) of that Act, a draft of this Order was laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2011 c. 23. Section 21(2)(c) refers to the “Secretary of State’s TPIM powers”, defined in section 21(8) which was amended by section 36(4) of the Counter-Terrorism and Sentencing Act 2021 (c. 11).

f2

Section 21(3)(b) was amended by paragraph 95 of Schedule 10 to the Investigatory Powers Act 2016 (c. 25).

Contents

  1. 1Citation, commencement and extent
  2. 2Continuation of TPIM powers
  3. Signature
  4. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2026 and comes into force on 13th December 2026.

(2)

This Order extends to England and Wales, Scotland and Northern Ireland.

2Continuation of TPIM powers

The Secretary of State’s TPIM powers are not to expire at the time when they would otherwise expire in accordance with section 21(1) of the Terrorism Prevention and Investigation Measures Act 2011 or in accordance with the Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021f1, but are to continue in force until the end of 13th December 2031.

Signature

Name

Minister of State

Home Office

Explanatory note

(This note is not part of the Order)

The Terrorism Prevention and Investigation Measures Act 2011 (c. 23) (“the Act”) provides the Secretary of State with the power to impose certain measures on an individual where the conditions in section 3 of the Act are met. These conditions include that the Secretary of State reasonably believes that the individual is, or has been, involved in terrorism-related activity; and where the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to impose the measures on the individual. Such measures are imposed by means of a “TPIM notice”. In addition to the power to impose a TPIM notice, the Secretary of State has powers to extend and vary a TPIM notice that is in force and power to revive a TPIM notice that has expired. Section 21(1) of the Act provides that the Secretary of State’s TPIM powers are to expire at the end of the period of five years beginning on the date the Act was passed (14th December 2011). However, section 21(2)(c) enables the Secretary of State to provide by order that the Secretary of State’s TPIM powers are not to expire at that time (or any later expiry date) but instead continue in force for a period of up to five years.

The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2016 (S.I. 2016/1166) continued the Secretary of State’s TPIM powers until the end of 13th December 2021. The Terrorism Prevention and Investigation Measures Act 2011 (Continuation) Order 2021 (S.I. 2021/1386) further continued the Secretary of State’s TPIM powers until the end of 13th December 2026. This Order provides that the Secretary of State’s TPIM powers will continue for a further five years.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.