Prevention of Terrorism Act 2005

Subsections (8) to (9)

82. Subsection (8) states that the expiration or repeal of sections 1 to 9 does not prevent or affect:

a)

the court’s consideration of a reference under section 3(3)(a) (to review a decision by the Secretary of State to impose a control order without the court’s permission);

b)

the court’s consideration of a hearing under section 3(2)(c), section 3(6)(b) or section 3(6)(c) (full hearings to review the making of a non-derogating control order);

c)

the court’s consideration of a hearing to confirm the making of a derogating control order;

d)

the bringing or continuation of any appeal or further appeal relating to the proceedings mentioned in paragraphs (a) to (c).

83. But proceedings may only be brought or continued by virtue of subsection (8) so far as they are for the purposes of determining if a certificate of the Secretary of State, a control order or an obligation imposed by such an order are to be quashed or treated as quashed.

84. Subsection (9) confirms that the Act does not permit a control order to be effective when the provision under which it was made has expired or been repealed.