National Security Act 2023

Reference to court

3 (1) Immediately after serving the Part 2 notice, the Secretary of State must refer to the court the imposition of the measures on the individual.

(2) The function of the court on the reference is to consider whether the relevant decisions of the Secretary of State were obviously flawed.

(3) The court’s consideration of the reference must begin within the period of 7 days beginning with the day on which the Part 2 notice is served on the individual.

(4) The court may consider the reference—

(a) in the absence of the individual,

(b) without the individual having been notified of the reference, and

(c) without the individual having been given an opportunity (if the individual was aware of the reference) of making any representations to the court.

(5) But that does not limit the matters about which rules of court may be made.