Explanatory note

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.