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(1)The Secretary of State may not make a control order which has the effect of prohibiting or regulating any of the following activities—
(a)the communication of information in the ordinary course of scientific research;
(b)the making of information generally available to the public; or
(c)the communication of information that is generally available to the public,
unless the interference by the order in the freedom to carry on the activity in question is necessary (and no more than is necessary).
(2)The question whether any such interference is necessary shall be determined by the Secretary of State by reference to the circumstances prevailing at the time the order is made and having considered the reasons for seeking to control the activity in question and the need to respect the freedom to carry on that activity.
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