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Counter-Terrorism and Security Act 2015

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This is the original version (as it was originally enacted).

11Review of decisions relating to temporary exclusion orders
This section has no associated Explanatory Notes

(1)This section applies where an individual who is subject to a temporary exclusion order is in the United Kingdom.

(2)The individual may apply to the court to review any of the following decisions of the Secretary of State—

(a)a decision that any of the following conditions was met in relation to the imposition of the temporary exclusion order—

(i)condition A;

(ii)condition B;

(iii)condition C;

(iv)condition D;

(b)a decision to impose the temporary exclusion order;

(c)a decision that condition B continues to be met;

(d)a decision to impose any of the permitted obligations on the individual by a notice under section 9.

(3)On a review under this section, the court must apply the principles applicable on an application for judicial review.

(4)On a review of a decision within subsection (2)(a) to (c), the court has the following powers (and only those powers)—

(a)power to quash the temporary exclusion order;

(b)power to give directions to the Secretary of State for, or in relation to, the revocation of the temporary exclusion order.

(5)If the court does not exercise either of its powers under subsection (4), the court must decide that the temporary exclusion order is to continue in force.

(6)On a review of a decision within subsection (2)(d), the court has the following powers (and only those powers)—

(a)power to quash the permitted obligation in question;

(b)if that is the only permitted obligation imposed by the notice under section 9, power to quash the notice;

(c)power to give directions to the Secretary of State for, or in relation to—

(i)the variation of the notice so far as it relates to that permitted obligation, or

(ii)if that is the only permitted obligation imposed by the notice, the revocation of the notice.

(7)If the court does not exercise any of its powers under subsection (6), the court must decide that the notice under section 9 is to continue in force.

(8)If the court exercises a power under subsection (6)(a) or (c)(i), the court must decide that the notice under section 9 is to continue in force subject to that exercise of that power.

(9)The power under this section to quash a temporary exclusion order, permitted obligation or notice under section 9 includes—

(a)in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or

(b)in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.

(10)An appeal against a determination of the court on a review under this section may only be made on a question of law.

(11)For the purposes of this section, a failure by the Secretary of State to make a decision whether condition B continues to be met is to be treated as a decision that it continues to be met.

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