Prevention of Terrorism Act 2005

7Modification, notification and proof of orders etc.E+W+S+N.I.

This sectionnoteType=Explanatory Notes has no associated

(1)If while a non-derogating control order is in force the controlled person considers that there has been a change of circumstances affecting the order, he may make an application to the Secretary of State for—

(a)the revocation of the order; or

(b)the modification of an obligation imposed by the order;

and it shall be the duty of the Secretary of State to consider the application.

(2)The Secretary of State may, at any time (whether or not in response to an application by the controlled person)—

(a)revoke a non-derogating control order;

(b)relax or remove an obligation imposed by such an order;

(c)with the consent of the controlled person, modify the obligations imposed by such an order; or

(d)make to the obligations imposed by such an order any modifications which he considers necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity.

(3)The Secretary of State may not make to the obligations imposed by a control order any modification the effect of which is that a non-derogating control order becomes an order imposing a derogating obligation.

(4)An application may be made at any time to the court—

(a)by the Secretary of State, or

(b)by the controlled person,

for the revocation of a derogating control order or for the modification of obligations imposed by such an order.

(5)On such an application, the court may modify the obligations imposed by the derogating control order only where—

(a)the modification consists in the removal or relaxation of an obligation imposed by the order;

(b)the modification has been agreed to by both the controlled person and the Secretary of State; or

(c)the modification is one which the court considers necessary for purposes connected with preventing or restricting involvement by the controlled person in terrorism-related activity.

(6)The court may not, by any modification of the obligations imposed by a derogating control order, impose any derogating obligation unless—

(a)it considers that the modification is necessary for purposes connected with protecting members of the public from a risk of terrorism; and

(b)it appears to the court that the risk is one arising out of, or is associated with, the public emergency in respect of which the designated derogation in question has effect.

(7)If the court at any time determines that a derogating control order needs to be modified so that it no longer imposes derogating obligations, it must revoke the order.

(8)The controlled person is bound by—

(a)a control order,

(b)the renewal of a control order, or

(c)a modification by virtue of subsection (2)(d) or (5)(c),

only if a notice setting out the terms of the order, renewal or modification has been delivered to him in person.

(9)For the purpose of delivering a notice under subsection (8) to the controlled person a constable or a person authorised for the purpose by the Secretary of State may (if necessary by force)—

(a)enter any premises where he has reasonable grounds for believing that person to be; and

(b)search those premises for him.

(10)Where the Secretary of State revokes a control order or modifies it by virtue of subsection (2)(b) or (c)—

(a)he must give notice of the revocation or modification to the controlled person; and

(b)the notice must set out the time from which the revocation or modification takes effect.

(11)A control order, or the renewal, revocation or modification of such an order, may be proved by the production of a document purporting to be certified by the Secretary of State or the court as a true copy of—

(a)the order; or

(b)the instrument of renewal, revocation or modification;

but this does not prevent the proof of a control order, or of the renewal, revocation or modification of such an order, in other ways.