Part 3: Prevention and investigation of terrorism Section 36: TPIMs: variation of measures
Section 36 inserts an additional ground for variation into section 12 TPIMA 2011. By virtue of this amendment, it will be possible for the Secretary of State to vary the relocation measure in a TPIM notice if considered necessary for resource reasons. This power will only apply where the individual has already been relocated away from his home address, and where the national security reason for requiring relocation still exists.
	A non-exhaustive example of when this power might be relied on is as follows: a TPIM subject is relocated away from his home address to a residence in area X. During the life of the TPIM, police resources in area X become stretched or more specialist resources are available elsewhere, so the relocation measure is varied to provide for a new residence in area Y, and the TPIM subject is required to move there.
	Section 36(3) amends section 16 of TPIMA 2011 (appeals and court proceedings) to include this additional ground of variation. Decisions to vary the relocation measure for resource reasons will therefore be capable of appeal. As with other unilateral variations to the TPIM notice, the function of the appeal court will be to review whether the variation was necessary for purposes connected with preventing or restricting the individual’s involvement in terrorism-related activity. But additionally, for variations to the relocation measure on resource grounds, the function of the appeal court will also be to review whether the variation was indeed necessary for the efficient and effective use of resource.
	The amendments in section 36 have no effect on the other grounds of variation provided for in section 12(1) TPIMA 2011. A TPIM notice will therefore continue to be capable of variation if it consists of the relaxation or removal of measures; by consent of the TPIM subject; or to prevent or restrict a TPIM subject’s involvement in terrorism-related activity.