Control orders
7Modification, notification and proof of orders etc.
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.