Counter-Terrorism and Security Act 2015
Counter-Terrorism and Security Act 2015
2015 CHAPTER 6
An Act to make provision in relation to terrorism; to make provision about retention of communications data, about information, authority to carry and security in relation to air, sea and rail transport and about reviews by the Special Immigration Appeals Commission against refusals to issue certificates of naturalisation; and for connected purposes.
[12th February 2015]
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:-
PART 1
Temporary restrictions on travel
CHAPTER 1
Powers to seize travel documents
1 Seizure of passports etc from persons suspected of involvement in terrorism
(1) Schedule 1 makes provision for the seizure and temporary retention of travel documents where a person is suspected of intending to leave Great Britain or the United Kingdom in connection with terrorism-related activity.
(2) In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services)-
(a) in Part 1 (services), after paragraph 45 insert-
"Extension of time for retention of travel documents
45A(1) Civil legal services provided in relation to proceedings under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015.
Exclusions
(2) Sub-paragraph (1) is subject to the exclusions in Parts 2 and 3 of this Schedule.";
(b) in Part 3 (advocacy: exclusion and exceptions), after paragraph 22 insert-
"22A Advocacy in proceedings before a District Judge (Magistrates' Courts) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015."
(3) In Schedule 2 to the Access to Justice (Northern Ireland) Order 2003 ( s.i. 2003/435 (n.i. 10) ) (civil legal services: excluded services), in paragraph 2(d) (proceedings in court of summary jurisdiction in relation to which funding for representation may be provided), after paragraph (xx) insert-
"(xxi) under paragraph 8 of Schedule 1 to the Counter-Terrorism and Security Act 2015;".
CHAPTER 2
Temporary exclusion from the United Kingdom
Imposition of temporary exclusion orders
2 Temporary exclusion orders
(1) A "temporary exclusion order" is an order w hich requires an individual not to return to the United Kingdom unless-
(a) the return is in accordance with a permit to return issued by the Secretary of State before the individual began the return, or
(b) the return is the result of the individual's deportation to the United Kingdom.
(2) The Secretary of State may impose a temporary exclusion order on an individual if conditions A to E are met.
(3) Condition A is that the Secretary of State reasonably suspects that the individual is, or has been, involved in terrorism-related activity outside the United Kingdom.
(4) Condition B is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting members of the public in the United Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed on the individual.
(5) Condition C is that the Secretary of State reasonably considers that the individual is outside the United Kingdom.
(6) Condition D is that the individual has the right of abode in the United Kingdom.
(7) Condition E is that-
(a) the court gives the Secretary of State permission under section 3, or
(b) the Secretary of State reasonably considers that the urgency of the case requires a temporary exclusion order to be imposed without obtaining such permission.
(8) During the period that a temporary exclusion order is in force, the Secretary of State must keep under review whether condition B is met.
3 Temporary exclusion orders: prior permission of the court
(1) This section applies if the Secretary of State-
(a) makes the relevant decisions in relation to an individual, and
(b) makes an application to the court for permission to impose a temporary exclusion order on the individual.
(2) The function of the court on the application is to determine whether the relevant decisions of the Secretary of State are obviously flawed.
(3) The court may consider the application-
(a) in the absence of the individual,
(b) without the individual having been notified of the application, and
(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
(4) But that does not limit the matters about which rules of court may be made.
(5) In determining the application, the court must apply the principles applicable on an application for judicial review.
(6) In a case where the court determines that any of the relevant decisions of the Secretary of State is obviously flawed, the court may not give permission under this section.
(7) In any other case, the court must give permission under this section.
(8) Schedule 2 makes provision for references to the court etc where temporary exclusion orders are imposed in cases of urgency.
(9) Only the Secretary of State may appeal against a determination of the court under-
(a) this section, or
(b) Schedule 2;
and such an appeal may only be made on a question of law.
(10) In this section "the relevant decisions" means the decisions that the following conditions are met-
(a) condition A;
(b) condition B;
(c) condition C;
(d) condition D.
4 Temporary exclusion orders: supplementary provision
(1) The Secretary of State must give no tice of the imposition of a temporary exclusion order to the individual on whom it is imposed (the "excluded individual").
(2) Notice of the imposition of a temporary exclusion order must include an explanation of the procedure for making an application under section 6 for a permit to return.
(3) A temporary exclusion order-
(a) comes into force when notice of its imposition is given; and
(b) is in force for the period of two years (unless revoked or otherwise brought to an end earlier).
(4) The Secretary of State may revoke a temporary exclusion order at any time.
(5) The Secretary of State must give notice of the revocation of a temporary exclusion order to the excluded individual.
(6) If a temporary exclusion order is revoked, it ceases to be in force when notice of its revocation is given.
(7) The validity of a temporary exclusion order is not affected by the excluded individual-
(a) returning to the United Kingdom, or
(b) departing from the United Kingdom.
(8) The imposition of a temporary exclusion order does not prevent a further temporary exclusion order from being imposed on the excluded individual (including in a case where an order ceases to be in force at the expiry of its two year duration).
(9) At the time when a temporary exclusion order comes into force, any British passport held by the excluded individual is invalidated.
(10) During the period when a temporary exclusion order is in force, the issue of a British passport to the excluded individual while he or she is outside the United Kingdom is not valid.
(11) In this section "British passport" means a passport, or other document which enables or facilitates travel from one state to another (except a permit to return), that has been-
(a) issued by or for Her Majesty's Government in the United Kingdom, and
(b) issued in respect of a person's status as a British citizen.
Permit to return
5 Permit to return
(1) A "permit to return" is a document giving an individual (who is subject to a temporary exclusion order) permission to return to the United Kingdom.
(2) The permission may be made subject to a requirement that the individual comply with conditions specified in the permit to return.
(3) The individual's failure to comply with a specified condition has the effect of invalidating the permit to return.
(4) A permit to return must state-
(a) the time at which, or period of time during which, the individual is permitted to arrive on return to the United Kingdom;
(b) the manner in which the individual is permitted to return to the United Kingdom; and
(c) the place where the individual is permitted to arrive on return to the United Kingdom.
(5) Provision made under subsection (4)(a) or (c) may, in particular, be framed by reference to the arrival in the United Kingdom of a specific flight, sailing or other transport service.
(6) Provision made under subsection (4)(b) may, in particular, state-
(a) a route,
(b) a method of transport,
(c) an airline, shipping line or other passenger carrier, or
(d) a flight, sailing or other transport service,
which the individual is permitted to use to return to the United Kingdom.
(7) The Secretary of State may not issue a permit to return except in accordance with section 6 or 7.
(8) It is for the Secretary of State to decide the terms of a permit to return (but this is subject to section 6(3)).
6 Issue of permit to return: application by individual
(1) If an individual applies to the Secretary of State for a permit to return, the Secretary of State must issue a permit within a reasonable period after the application is made.
(2) But the Secretary of State may refuse to issue the permit if-
(a) the Secretary of State requires the individual to attend an interview with a constable or immigration officer at a time and a place specified by the Secretary of...
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