Page:Terrorism Act 2006.pdf/29

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25Expiry or renewal of extended maximum detention period

(1) This section applies to any time which—

(a) is more than one year after the commencement of section 23; and

(b) does not fall within a period in relation to which this section is disapplied by an order under subsection (2).

(2) The Secretary of State may by order made by statutory instrument disapply this section in relation to any period of not more than one year beginning with the coming into force of the order.

(3) Schedule 8 to the Terrorism Act 2000 (c. 11) has effect in relation to any further extension under paragraph 36 of that Schedule for a period beginning at a time to which this section applies—

(a) as if in sub-paragraph (3)(b) of that paragraph, for “28 days” there were substituted “14 days”; and

(b) as if that paragraph and paragraph 37 of that Schedule had effect with the further consequential modifications set out in subsection (4).

(4) The further consequential modifications are—

(a) the substitution of the words “a judicial authority” for paragraphs (a) and (b) of sub-paragraph (1A) of paragraph 36;

(b) the omission of sub-paragraphs (1B) and (7) of that paragraph;

(c) the omission of the words “or senior judge” wherever occurring in subparagraphs (3AA) and (5) of that paragraph and in paragraph 37(2); and

(d) the omission of the words from “but” onwards in paragraph 36(4).

(5) Where at a time to which this section applies—

(a) a person is being detained by virtue of a further extension under paragraph 36 of Schedule 8 to the Terrorism Act 2000,

(b) his further detention was authorised (at a time to which this section did not apply) for a period ending more than 14 days after the relevant time, and

(c) that 14 days has expired,

the person with custody of that individual must release him immediately.

(6) The Secretary of State must not make an order containing (with or without other provision) any provision disapplying this section in relation to any period unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(7) In this section “the relevant time” has the same meaning as in paragraph 36 of Schedule 8 to the Terrorism Act 2000.

Searches etc.

26All premises warrants: England and Wales and Northern Ireland

(1) Part 1 of Schedule 5 to the Terrorism Act 2000 (searches etc. for the purposes of terrorist investigations in England and Wales and Northern Ireland) is amended as follows.