The Terrorism Prevention and Investigation Measures Act 2011 came into force on 15 December 2011. This Act repeals the Prevention of Terrorism Act 2005, which gave power to impose control orders. Sections 1-4 of the 2011 Act repeal the 2005 Act and provide that the Secretary of State may impose measures on individuals by serving a notice (a 'TPIM notice') on them if certain conditions are met. These include, in particular, a higher threshold for the imposition of a TPIM notice (reasonable belief that the individual is or has been involved in terrorism-related activity) than existed in relation to control orders (reasonable suspicion of involvement in such activity). Section 5 provides a time limit of two years for a TPIM notice. Sections 6-9 and Sched. 2 provide that, before imposing measures on an individual, the Secretary of State must seek the court's permission to do so, except in cases of urgency, where the notice must be immediately referred to the court for confirmation. If the court gives permission, or confirms measures imposed urgently, it must give directions for a full review hearing at which the court will review the Secretary of State's decisions in relation to imposing the measures. This replicates the position in relation to control orders under the 2005 Act.
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