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New Clause 6 — Temporary power: supplementary provision

Terrorism Prevention and Investigation Measures Bill – in the House of Commons at 8:15 pm on 5th September 2011.

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‘(1) A temporary enhanced TPIM order, except for designated transitional and saving provision, ceases to have effect—

(a) at the end of the period of 90 days beginning with the day on which the Secretary of State makes the order, or

(b) at such earlier time (if any) as is specified in the order.

(2) The Secretary of State may by order revoke some or all of a temporary enhanced TPIM order if the Secretary of State considers it appropriate to do so (whether or not the Secretary of State would have power to make a temporary enhanced TPIM order by virtue of section (Temporary power for imposition of enhanced measures)(1)).

(3) As soon as practicable after making—

(a) a temporary enhanced TPIM order, or

(b) an order revoking any provision of a temporary enhanced TPIM order,

the Secretary of State must lay before each House of Parliament a copy of the order that has been made.

(4) Anything which has been done by virtue of a temporary enhanced TPIM order is not affected by the temporary enhanced TPIM order ceasing to have effect.

(5) In section (Temporary power for imposition of enhanced measures) and this section—

“appropriate”, in relation to variations, or other provision, means such variations, or such other provision, as the Secretary of State considers appropriate;

“designated transitional and saving provision” means provision of a temporary enhanced TPIM order which is designated, in a temporary enhanced TPIM order, as transitional and saving provision for the purposes of this section;

“enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,(c) an enactment contained in, or in an instrument made under, Northern Ireland legislation, and(d) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;

“enhanced measure” has the meaning given in section (Temporary power for imposition of enhanced measures)(3);

“enhanced TPIM notice” means notice by which the enhanced TPIM power is exercised;

“enhanced TPIM power” means the power to impose enhanced measures that is referred to in section (Temporary power for imposition of enhanced measures)(2);

“relevant provisions of this Act” mean all the provisions of this Act, apart from—

(a) section1 (abolition of control orders),(b) section5(2) and (3) (extension of TPIM notices),(c) section13(6)(a) (revival of TPIM notice after expiry),(d) sections (Expiry and repeal of TPIM powers) (expiry and repeal of TPIM powers) and section (section (Expiry and repeal of TPIM powers): supplementary provision) (section (Expiry and repeal of TPIM powers): supplementary provision),(e) section (Temporary power for imposition of enhanced measures) and this section,(f) section25 (financial and supplemental provision,(g) section27(1) and (2) (short title and commencement), and(h) Schedules7 (minor and consequential amendments) and8 (transitional and saving provision);

“standard TPIM notice” means a notice under section2;

“temporary enhanced TPIM order” has the meaning given in section (Temporary power for imposition of enhanced measures)(2).’.—(James Brokenshire.)

Brought up, read the First and Second time, and added to the Bill.