Preamble

Schedule

Explanatory Notes

Prevention of Terrorism Act 2005
2005 Chapter 2

An Act to provide for the making against individuals involved in terrorism-related activity of orders imposing obligations on them for purposes connected with preventing or restricting their further involvement in such activity; to make provision about appeals and other proceedings relating to such orders; and for connected purposes.

[11th March 2005]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

(a) except in the case of an order imposing obligations that are incompatible with the individual's right to liberty under Article 5 of the Human Rights Convention, by the Secretary of State; and

(b) in the case of an order imposing obligations that are or include derogating obligations, by the court on an application by the Secretary of State.

(a) a prohibition or restriction on his possession or use of specified articles or substances;

(b) a prohibition or restriction on his use of specified services or specified facilities, or on his carrying on specified activities;

(c) a restriction in respect of his work or other occupation, or in respect of his business;

(d) a restriction on his association or communications with specified persons or with other persons generally;

(e) a restriction in respect of his place of residence or on the persons to whom he gives access to his place of residence;

(f) a prohibition on his being at specified places or within a specified area at specified times or on specified days;

(g) a prohibition or restriction on his movements to, from or within the United Kingdom, a specified part of the United Kingdom or a specified place or area within the United Kingdom;

(h) a requirement on him to comply with such other prohibitions or restrictions on his movements as may be imposed, for a period not exceeding 24 hours, by directions given to him in the specified manner, by a specified person and for the purpose of securing compliance with other obligations imposed by or under the order;

(i) a requirement on him to surrender his passport, or anything in his possession to which a prohibition or restriction imposed by the order relates, to a specified person for a period not exceeding the period for which the order remains in force;

(j) a requirement on him to give access to specified persons to his place of residence or to other premises to which he has power to grant access;

(k) a requirement on him to allow specified persons to search that place or any such premises for the purpose of ascertaining whether obligations imposed by or under the order have been, are being or are about to be contravened;

(l) a requirement on him to allow specified persons, either for that purpose or for the purpose of securing that the order is complied with, to remove anything found in that place or on any such premises and to subject it to tests or to retain it for a period not exceeding the period for which the order remains in force;

(m) a requirement on him to allow himself to be photographed;

(n) a requirement on him to co-operate with specified arrangements for enabling his movements, communications or other activities to be monitored by electronic or other means;

(o) a requirement on him to comply with a demand made in the specified manner to provide information to a specified person in accordance with the demand;

(p) a requirement on him to report to a specified person at specified times and places.

(a) submitting to procedures required by the arrangements;

(b) wearing or otherwise using apparatus approved by or in accordance with the arrangements;

(c) maintaining such apparatus in the specified manner;

(d) complying with directions given by persons carrying out functions for the purposes of those arrangements.

(a) the commission, preparation or instigation of acts of terrorism;

(b) conduct which facilitates the commission, preparation or instigation of such acts, or which is intended to do so;

(c) conduct which gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so;

(d) conduct which gives support or assistance to individuals who are known or believed to be involved in terrorism-related activity;

"derogating obligation" means an obligation on an individual which-

(a) is incompatible with his right to liberty under Article 5 of the Human Rights Convention; but

(b) is of a description of obligations which, for the purposes of the designation of a designated derogation, is set out in the designation order;

"designated derogation" has the same meaning as in the Human Rights Act 1998 (c. 42) (see section 14(1) of that Act);

"designation order", in relation to a designated derogation, means the order under section 14(1) of the Human Rights Act 1998 by which the derogation is designated.

(a) has reasonable grounds for suspecting that the individual is or has been involved in terrorism-related activity; and

(b) considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, to make a control order imposing obligations on that individual.

(a) after the court has determined that its order should be revoked; but

(b) while the effect of the revocation has been postponed for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual.

(a) has effect for a period of 12 months beginning with the day on which it is made; but

(b) may be renewed on one or more occasions in accordance with this section.

(a) considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for an order imposing obligations on the controlled person to continue in force; and

(b) considers that the obligations to be imposed by the renewed order are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity.

(a) the time when the order would otherwise have ceased to have effect; or

(b) the beginning of the seventh day after the date of renewal.

(a) having decided that there are grounds to make such an order against that individual, he has applied to the court for permission to make the order and has been granted that permission;

(b) the order contains a statement by the Secretary of State that, in his opinion, the urgency of the case requires the order to be made without such permission; or

(c) the order is made before 14th March 2005 against an individual who, at the time it is made, is an individual in respect of whom a certificate under section 21(1) of the Anti-terrorism, Crime and Security Act 2001 (c. 24) is in force.

(a) the function of the court is to consider whether the Secretary of State's decision that there are grounds to make that order is obviously flawed;

(b) the court may give that permission unless it determines that the decision is obviously flawed; and

(c) if it gives permission, the court must give directions for a hearing in relation to the order as soon as reasonably practicable after it is made.

(a) he must immediately refer the order to the court; and

(b) the function of the court on the reference is to consider whether the decision of the Secretary of State to make the order he did was obviously flawed.

(a) in the absence of the individual in question;

(b) without his having been notified of the application or reference; and

(c) without his having been given an opportunity (if he was aware of the application or reference) of making any representations to the court;

(a) if it determines that the decision of the Secretary of State to make a non-derogating control order against the controlled person was obviously flawed, must quash the order;

(b) if it determines that that decision was not obviously flawed but that a decision of the Secretary of State to impose a particular obligation by that order was obviously flawed, must quash that obligation and (subject to that) confirm the order and give directions for a hearing in relation to the confirmed order; and

(c) in any other case, must confirm the order and give directions for a hearing in relation to the confirmed order.

(a) the directions already given; and

(b) the making of further directions.

(a) his decision that the requirements of section 2(1)(a) and (b) were satisfied for the making of the order; and

(b) his decisions on the imposition of each of the obligations imposed by the order.

(a) what constitutes a flawed decision for the purposes of subsection (2), (6) or (8), or

(b) the matters mentioned in subsection (10),

(a) power to quash the order;

(b) power to quash one or more obligations imposed by the order; and

(c) power to give directions to the Secretary of State for the revocation of the order or for the modification of the obligations it imposes.

(a) to hold an immediate preliminary hearing to determine whether to make a control order imposing obligations that are or include derogating obligations (called a "derogating control order") against that individual; and

(b) if it does make such an order against that individual, to give directions for the holding of a full hearing to determine whether to confirm the order (with or without modifications).

(a) in the absence of the individual in question;

(b) without his having had notice of the application for the order; and

(c) without his having been given an opportunity (if he was aware of the application) of making any representations to the court;

(a) that there is material which (if not disproved) is capable of being relied on by the court as establishing that the individual is or has been involved in terrorism-related activity;

(b) that there are reasonable grounds for believing that the imposition of obligations on that individual is necessary for purposes connected with protecting members of the public from a risk of terrorism;

(c) that the risk arises out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; and

(d) that the obligations that there are reasonable grounds for believing should be imposed on the individual are or include derogating obligations of a description set out for the purposes of the designated derogation in the designation order.

(a) the time when the order is made, and

(b) the time when a final determination is made by the court whether to confirm it,

(a) confirm the control order made by the court; or

(b) revoke the order;

(a) may modify the obligations imposed by the order; and

(b) where a modification made by the court removes an obligation, may (if it thinks fit) direct that this Act is to have effect as if the removed obligation had been quashed.

(a) it is satisfied, on the balance of probabilities, that the controlled person is an individual who is or has been involved in terrorism-related activity;

(b) it considers that the imposition of obligations on the controlled person is necessary for purposes connected with protecting members of the public from a risk of terrorism;

(c) it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention; and

(d) the obligations to be imposed by the order or (as the case may be) by the order as modified are or include derogating obligations of a description set out for the purposes of the designated derogation in the designation order.

(a) it is previously revoked (whether at the hearing under subsection (1)(b) or otherwise under this Act);

(b) it ceases to have effect under section 6; or

(c) it is renewed.

(a) the time when the order would otherwise have ceased to have effect; and

(b) the beginning of the seventh day after the date of renewal.

(a) the court considers that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for a derogating control order to continue in force against the controlled person;

(b) it appears to the court that the risk is one arising out of, or is associated with, a public emergency in respect of which there is a designated derogation from the whole or a part of Article 5 of the Human Rights Convention;

(c) the derogating obligations that the court considers should continue in force are of a description that continues to be set out for the purposes of the designated derogation in the designation order; and

(d) the court considers that the obligations to be imposed by the renewed order are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity.

(a) that the proceedings on the application are unlikely to be completed before the time when the order is due to cease to have effect if not renewed, and

(b) that that is not attributable to an unreasonable delay on the part of the Secretary of State in the making or conduct of the application,

(a) the Secretary of State has made an application to the court for a derogating control order to be made against that individual; and

(b) the constable considers that the individual's arrest and detention is necessary to ensure that he is available to be given notice of the order if it is made.

(a) he has become bound by a derogating control order made against him on the Secretary of State's application; or

(b) the court has dismissed the application.

(a) shall be deemed to be in legal custody throughout the period of his detention; and

(b) after having been taken to a designated place shall be deemed-

(i) in England and Wales, to be in police detention for the purposes of the Police and Criminal Evidence Act 1984 (c. 60); and

(ii) in Northern Ireland, to be in police detention for the purposes of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

but paragraph (b) has effect subject to subsection (8).

(a) the omission of paragraph 2(2)(b) to (d) (which confers powers on persons specified by the Secretary of State, prison officers and examining officers);

(b) the omission of paragraph 8(2), (5) and (5A) (which relates to the postponement of a person's rights in England and Wales or Northern Ireland); and

(c) the omission of paragraphs 16(9) and 17(4) and (4A) (which make similar provision for Scotland).

(a) there is a designated derogation in respect of the detention of individuals under this section in connection with the making of applications for derogating control orders; and

(b) that derogation and the designated derogation relating to the power to make the orders applied for are designated in respect of the same public emergency.

(a) the relevant derogation remains in force at that time; and

(b) that time is not more than 12 months after-

(i) the making of the order under section 14(1) of the Human Rights Act 1998 (c. 42) designating that derogation; or

(ii) the making by the Secretary of State of an order declaring that it continues to be necessary for him to have power to impose derogating obligations by reference to that derogation.

(a) must be laid before Parliament after being made; and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which the order was made, ceases to have effect at the end of that period.

(a) affect anything previously done in reliance on the order; or

(b) prevent the Secretary of State from exercising any power of his to make a new order for the purposes of subsection (1)(b)(ii) to the same or similar effect.

"40 days" means 40 days computed as provided for in section 7(1) of the Statutory Instruments Act 1946 (c. 36);

"the relevant derogation", in relation to a derogating control order, means the designated derogation by reference to which the derogating obligations imposed by that order were imposed.

(a) the revocation of the order; or

(b) the modification of an obligation imposed by the order;

(a) revoke a non-derogating control order;

(b) relax or remove an obligation imposed by such an order;

(c) with the consent of the controlled person, modify the obligations imposed by such an order; or

(d) make to the obligations imposed by such an order any modifications which he considers necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity.

(a) by the Secretary of State, or

(b) by the controlled person,

(a) the modification consists in the removal or relaxation of an obligation imposed by the order;

(b) the modification has been agreed to by both the controlled person and the Secretary of State; or

(c) the modification is one which the court considers necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity.

(a) it considers that the modification is necessary for purposes connected with protecting members of the public from a risk of terrorism; and

(b) it appears to the court that the risk is one arising out of, or is associated with, the public emergency in respect of which the designated derogation in question has effect.

(a) a control order,

(b) the renewal of a control order, or

(c) a modification by virtue of subsection (2)(d) or (5)(c),

(a) enter any premises where he has reasonable grounds for believing that person to be; and

(b) search those premises for him.

(a) he must give notice of the revocation or modification to the controlled person; and

(b) the notice must set out the time from which the revocation or modification takes effect.

(a) the order; or

(b) the instrument of renewal, revocation or modification;

(a) that the involvement in terrorism-related activity of which an individual is suspected may have involved the commission of an offence relating to terrorism; and

(b) that the commission of that offence is being or would fall to be investigated by a police force.

"chief officer"-

(a) in relation to a police force maintained for a police area in England and Wales, means the chief officer of police of that force;

(b) in relation to a police force maintained under the Police (Scotland) Act 1967 (c. 77), means the chief constable of that force;

(c) in relation to the Police Service of Northern Ireland, means the Chief Constable of that Service;

(d) in relation to the Serious Organised Crime Agency, means the Director General of that Agency; and

(e) in relation to the Scottish Drug Enforcement Agency, means the Director of that Agency;

"police force" means-

(a) a police force maintained for a police area in England and Wales;

(b) a police force maintained under the Police (Scotland) Act 1967;

(c) the Police Service of Northern Ireland;

(d) the Serious Organised Crime Agency; or

(e) the Scottish Drug Enforcement Agency;

"relevant prosecuting authority"-

(a) in relation to offences that would be likely to be prosecuted in England and Wales, means the Director of Public Prosecutions;

(b) in relation to offences that would be likely to be prosecuted in Scotland, means the appropriate procurator fiscal;

(c) in relation to offences that would be likely to be prosecuted in Northern Ireland, means the Director of Public Prosecutions for Northern Ireland.

(a) the National Crime Squad were a police force; and

(b) references, in relation to that Squad, to its chief officer were references to its Director General.

"the Scottish Drug Enforcement Agency" means the organisation known by that name and established under section 36(1)(a)(ii) of the Police (Scotland) Act 1967; and

"the Director" of that Agency means the person engaged on central service (as defined by section 38(5) of that Act) and for the time being appointed by the Scottish Ministers to exercise control in relation to the activities carried out in the exercise of the Agency's functions.

(a) a control order by which he is bound at a time when he leaves the United Kingdom requires him, whenever he enters the United Kingdom, to report to a specified person that he is or has been the subject of such an order;

(b) he re-enters the United Kingdom after the order has ceased to have effect;

(c) the occasion on which he re-enters the United Kingdom is the first occasion on which he does so after leaving while the order was in force; and

(d) on that occasion he fails, without reasonable excuse, to report to the specified person in the manner that was required by the order.

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.

(a) to make an order under section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (conditional discharge);

(b) to make an order under section 228(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (probation orders); or

(c) to make an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge in Northern Ireland).

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale, or to both;

(b) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.

(a) a non-derogating control order has been renewed, or

(b) an obligation imposed by such an order has been modified without the consent of the controlled person,

(a) the revocation of a non-derogating control order, or

(b) the modification of an obligation imposed by such an order,

(a) his decision that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for an order imposing obligations on the controlled person to continue in force;

(b) his decision that the obligations to be imposed by the renewed order, or (as the case may be) the obligations imposed by the order to which the application for revocation relates, are necessary for purposes connected with preventing or restricting involvement by that person in terrorism-related activity.

(a) in the case of an appeal against a modification, his decision that the modification is necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity; and

(b) in the case of an appeal against a decision on an application for the modification of an obligation, his decision that the obligation continues to be necessary for that purpose.

(a) power to quash the renewal of the order;

(b) power to quash one or more obligations imposed by the order; and

(c) power to give directions to the Secretary of State for the revocation of the order or for the modification of the obligations it imposes.

(a) proceedings in the court; or

(b) proceedings on appeal from such proceedings.

(a) on an application for permission under section 3(1)(a); or

(b) on a reference under section 3(3)(a).

(a) proceedings on an application for permission under section 3(1)(a);

(b) proceedings on a reference under section 3(3)(a);

(c) proceedings on a hearing in pursuance of directions under section 3(2)(c) or (6)(b) or (c);

(d) proceedings on an application to the court by any person for the making, renewal, modification or revocation of a derogating control order;

(e) proceedings on an application to extend the detention of a person under section 5;

(f) proceedings at or in connection with a hearing to determine whether to confirm a derogating control order (with or without modifications);

(g) proceedings on an appeal under section 10;

(h) proceedings in the court by virtue of subsection (2);

(i) any other proceedings in the court for questioning a control order decision, a derogation matter or the arrest or detention of a person under section 5;

(j) proceedings on an application made by virtue of rules of court under paragraph 5(1) of the Schedule to this Act (application for order requiring anonymity for the controlled person).

(a) a decision made by the Secretary of State in exercise or performance of any power or duty of his under any of sections 1 to 8 or for the purposes of or in connection with the exercise or performance of any such power or duty;

(b) a decision by any other person to give a direction, consent or approval, or to issue a demand, for the purposes of any obligation imposed by a control order; or

(c) a decision by any person that is made for the purposes of or in connection with the exercise of his power to give such a direction, consent or approval or to issue such a demand.

(a) a derogation by the United Kingdom from the Human Rights Convention which relates to infringement of a person's right to liberty under Article 5 in consequence of obligations imposed on him by a control order or of his arrest or detention under section 5; or

(b) the designation of such a derogation under section 14(1) of the Human Rights Act 1998 (c. 42).

(a) a control order, a renewal of a control order or an obligation imposed by a control order is quashed by the court in control order proceedings, or on an appeal from a determination in such proceedings; and

(b) before it was quashed a person had been convicted by virtue of section 9(1) or (2) of an offence of which he could not have been convicted had the order, renewal or (as the case may be) obligation been quashed before the proceedings for the offence were brought.

(a) in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal;

(b) in the case of a conviction on indictment or summary conviction in Scotland, to the High Court of Justiciary;

(c) in the case of a summary conviction in England and Wales, to the Crown Court; and

(d) in the case of a summary conviction in Northern Ireland, to the county court.

(a) may be brought irrespective of whether the appellant has previously appealed against his conviction;

(b) may not be brought more than 28 days after the date of the quashing of the order, renewal or obligation; and

(c) is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 (c. 19) or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980 (c. 47), but does not require leave in either case.

(a) may be brought irrespective of whether the appellant has previously appealed against his conviction;

(b) may not be brought more than two weeks after the date of the quashing of the order, renewal or obligation; and

(c) is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 (c. 46) for which leave has been granted.

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether the appellant has previously appealed against his conviction;

(c) may not be brought more than two weeks after the date of the quashing of the order, renewal or obligation;

(d) is to be by note of appeal, which shall state the ground of appeal;

(e) is to be treated as an appeal for which leave has been granted under Part 10 of the Criminal Procedure (Scotland) Act 1995; and

(f) must be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.

(a) may be brought irrespective of whether the appellant pleaded guilty;

(b) may be brought irrespective of whether he has previously appealed against his conviction or made an application in respect of the conviction under section 111 of the Magistrates' Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (case stated);

(c) may not be brought more than 21 days after the date of the quashing of the order, renewal or obligation; and

(d) is to be treated as an appeal under section 108(1)(b) of that Act or, in Northern Ireland, under Article 140(1)(b) of that Order.

(a) repeal sections 1 to 9;

(b) at any time revive those sections for a period not exceeding one year; or

(c) provide that those sections-

(i) are not to expire at the time when they would otherwise expire under subsection (1) or in accordance with an order under this subsection; but

(ii) are to continue in force after that time for a period not exceeding one year.

(a) the person appointed for the purposes of section 14(2);

(b) the Intelligence Services Commissioner; and

(c) the Director-General of the Security Service.

(a) must be laid before Parliament after being made; and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which the order was made, ceases to have effect at the end of that period.

(a) affect anything previously done in reliance on the order; or

(b) prevent the making of a new order to the same or similar effect.

(a) the court's consideration of a reference made before that time under subsection (3)(a) of section 3;

(b) the holding or continuation after that time of any hearing in pursuance of directions under subsection (2)(c) or (6)(b) or (c) of that section;

(c) the holding or continuation after that time of a hearing to determine whether to confirm a derogating control order (with or without modifications); or

(d) the bringing or continuation after that time of any appeal, or further appeal, relating to a decision in any proceedings mentioned in paragraphs (a) to (c) of this subsection;

(a) prepare a report about his exercise of the control order powers during that period; and

(b) lay a copy of that report before Parliament.

(a) the period of 9 months beginning with the day on which this Act is passed, and

(b) every 12 month period which ends with the first or a subsequent anniversary of the end of the period mentioned in the preceding paragraph and is a period during the whole or a part of which sections 1 to 9 of this Act were in force,

(a) the implications for the operation of this Act of any proposal made by the Secretary of State for the amendment of the law relating to terrorism; and

(b) the extent (if any) to which the Secretary of State has made use of his power by virtue of section 3(1)(b) to make non-derogating control orders in urgent cases without the permission of the court.

"control order powers" means-

(a) the powers of the Secretary of State under this Act to make, renew, modify and revoke control orders; and

(b) his powers to apply to the court for the making, renewal, revocation or modification of derogating control orders;

"relevant 3 month period" means-

(a) the period of 3 months beginning with the passing of this Act;

(b) a period of 3 months beginning with a time which-

(i) is the beginning of a period for which sections 1 to 9 are revived by an order under section 13; and

(ii) falls more than 3 months after the time when those sections were last in force before being revived;

(c) a 3 month period which begins with the end of a previous relevant 3 month period and is a period during the whole or a part of which those sections are in force.

"act" and "conduct" include omissions and statements;

"act of terrorism" includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (c. 11) (see section 1(5) of that Act);

"apparatus" includes any equipment, machinery or device and any wire or cable, together with any software used with it;

"article" and "information" include documents and other records, and software;

"contravene" includes fail to comply, and cognate expressions are to be construed accordingly;

"control order" has the meaning given by section 1(1);

"control order proceedings" has the meaning given by section 11(6);

"the controlled person", in relation to a control order, means the individual on whom the order imposes obligations;

"the court"-

(a) in relation to proceedings relating to a control order in the case of which the controlled person is a person whose principal place of residence is in Scotland, means the Outer House of the Court of Session;

(b) in relation to proceedings relating to a control order in the case of which the controlled person is a person whose principal place of residence is in Northern Ireland, means the High Court in Northern Ireland; and

(c) in any other case, means the High Court in England and Wales;

"derogating control order" means a control order imposing obligations that are or include derogating obligations;

"derogating obligation", "designated derogation" and "designation order" have the meanings given by section 1(10);

"the Human Rights Convention" means the Convention within the meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that Act);

"modification" includes omission, addition or alteration, and cognate expressions are to be construed accordingly;

"non-derogating control order" means a control order made by the Secretary of State;

"passport" means-

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971 (c. 77));

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation;

(c) a document that can be used (in some or all circumstances) instead of a passport;

"premises" includes any vehicle, vessel, aircraft or hovercraft;

"the public" means the public in the whole or a part of the United Kingdom or the public in another country or territory, or any section of the public;

"specified", in relation to a control order, means specified in that order or falling within a description so specified;

"terrorism" has the same meaning as in the Terrorism Act 2000 (c. 11) (see section 1(1) to (4) of that Act);

"terrorism-related activity" and, in relation to such activity, "involvement" are to be construed in accordance with section 1(9).

(a) in England and Wales or Northern Ireland, to stay the quashing of the order, renewal or obligation pending an appeal, or further appeal, against the decision to quash; and

(b) in Scotland, to determine that the quashing is of no effect pending such an appeal or further appeal.

(a) includes power to provide for the revocation or modification to take effect from such time as the Secretary of State or (as the case may be) the court may determine; and

(b) in the case of a revocation by the court (including a revocation in pursuance of section 7(7)) includes power to postpone the effect of the revocation either pending an appeal or for the purpose of giving the Secretary of State an opportunity to decide whether to exercise his own powers to make a control order against the individual in question.

(a) the revocation of a control order, or

(b) the modification of an obligation imposed by such an order,

(a) sections 21 to 32 of the Anti-terrorism, Crime and Security Act 2001 (c. 24) (suspected international terrorists);

(b) in section 1(4) of the Special Immigration Appeals Commission Act 1997 (c. 68), paragraph (b) (which refers to section 30 of the 2001 Act) and the word "or" immediately preceding it;

(c) section 62(15) and (16) of the Nationality, Immigration and Asylum Act 2002 (c. 41) and paragraph 30 of Schedule 7 to that Act (which amended sections 23, 24 and 27 of the 2001 Act); and

(d) section 32 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (which amended sections 24 and 27 of the 2001 Act).

(a) the continuation of any appeal to the Special Immigration Appeals Commission under section 25(1) of the Anti-terrorism, Crime and Security Act 2001 that has been brought but not concluded before the commencement of those repeals;

(b) the bringing or continuation of a further appeal relating to a decision of that Commission on such an appeal or on any other appeal brought under section 25(1) of that Act before the commencement of those repeals; or

(c) any proceedings resulting from a decision on a further appeal from such a decision;

(a) any expenditure incurred by the Secretary of State by virtue of this Act; and

(b) any increase attributable to this Act in the sums payable out of such money under any other Act.

(a) control order proceedings; or

(b) relevant appeal proceedings.

(a) the need to secure that the making and renewal of control orders and the imposition and modification of the obligations contained in such orders are properly reviewed; and