Prevention of Terrorism Act 2005 (repealed)

11 Jurisdiction and appeals in relation to control order decisions etc. U.K.

(1) Control order decisions and derogation matters are not to be questioned in any legal proceedings other than—

(a) proceedings in the court; or

(b) proceedings on appeal from such proceedings.

(2) The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 (c. 42) in relation to proceedings all or any part of which call a control order decision or derogation matter into question.

(3) No appeal shall lie from any determination of the court in control order proceedings, except on a question of law.

(4) No appeal by any person other than the Secretary of State shall lie from any determination—

(a) on an application for permission under section 3(1)(a); or

(b) on a reference under section 3(3)(a).

(5) The Schedule to this Act (which makes provision relating to and for the purposes of control order proceedings and proceedings on appeal from such proceedings) has effect.

(6) In this Act “control order proceedings” means—

(a) proceedings on an application for permission under section 3(1)(a);

(b) proceedings on a reference under section 3(3)(a);

(c) proceedings on a hearing in pursuance of directions under section 3(2)(c) or (6)(b) or (c);

(d) proceedings on an application to the court by any person for the making, renewal, modification or revocation of a derogating control order;

(e) proceedings on an application to extend the detention of a person under section 5;

(f) proceedings at or in connection with a hearing to determine whether to confirm a derogating control order (with or without modifications);

(g) proceedings on an appeal under section 10;

(h) proceedings in the court by virtue of subsection (2);

(i) any other proceedings in the court for questioning a control order decision, a derogation matter or the arrest or detention of a person under section 5;

(j) proceedings on an application made by virtue of rules of court under paragraph 5(1) of the Schedule to this Act (application for order requiring anonymity for the controlled person).

(7) In this section “control order decision” means—

(a) a decision made by the Secretary of State in exercise or performance of any power or duty of his under any of sections 1 to 8 or for the purposes of or in connection with the exercise or performance of any such power or duty;

(b) a decision by any other person to give a direction, consent or approval, or to issue a demand, for the purposes of any obligation imposed by a control order; or

(c) a decision by any person that is made for the purposes of or in connection with the exercise of his power to give such a direction, consent or approval or to issue such a demand.

(8) In this section “derogation matter” means—

(a) a derogation by the United Kingdom from the Human Rights Convention which relates to infringement of a person's right to liberty under Article 5 in consequence of obligations imposed on him by a control order or of his arrest or detention under section 5; or

(b) the designation of such a derogation under section 14(1) of the Human Rights Act 1998 (c. 42).