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The Terrorism Act 2006 (Disapplication of Section 25) Order 2010

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Statutory Instruments

2010 No. 1909

Prevention And Suppression Of Terrorism

The Terrorism Act 2006 (Disapplication of Section 25) Order 2010

Made

22nd July 2010

Coming into force

25th July 2010

This Order is made in exercise of the powers conferred by section 25(2) of the Terrorism Act 2006(1).

In accordance with section 25(6) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Order:

Citation and commencement

1.  This Order may be cited as the Terrorism Act 2006 (Disapplication of Section 25) Order 2010 and shall come into force on 25th July 2010.

Disapplication of section 25 of the Terrorism Act 2006

2.  Section 25 of the Terrorism Act 2006(2) is disapplied for a period of six months beginning with the coming into force of this Order.

Theresa May

Secretary of State

Home Office

22nd July 2010

EXPLANATORY NOTE

(This note is not part of the Order)

The effect of this Order is that the maximum period of detention of terrorist suspects under Schedule 8 to the Terrorism Act 2000 (c. 11) (“Schedule 8”) remains at 28 days for six months with effect from 25th July 2010.

This Order disapplies section 25 of the Terrorism Act 2006 (c. 11) (“the 2006 Act”) for a period of six months beginning with 25th July 2010. Without this Order the modifications in section 25 of the 2006 Act would take effect because section 25(1) provides that, unless disapplied by Order, that section is to apply to any time which is more than one year after the commencement of section 23 of that Act. Section 23 of the 2006 Act was commenced on 25th July 2006 by S.I. 2006/1936. It increased the maximum period of detention under Schedule 8 from 14 days to 28 days.

Section 25 of the 2006 Act modifies Schedule 8 to reduce the maximum period of detention under that Schedule from 28 days to 14 days. The modification in section 25 will now take effect on 25th January 2011 unless a further order is made under section 25(2).

(2)

Section 25 has previously been disapplied, first by S.I. 2007/2181 and subsequently by S.I. 2008/1745 and S.I. 2009/1883.

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