Part 2Prevention and investigation measures

Appeals and court proceedings

I1I253Jurisdiction in relation to decisions under this Part

1

Decisions relating to Part 2 notices 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 in relation to proceedings all or any part of which call a decision relating to a Part 2 notice into question.

3

In this Part “decision relating to a Part 2 notice” means—

a

a decision made by the Secretary of State in exercise or performance of any power or duty under any of sections 39 to 51 or under Schedule 7 or Schedule 8;

b

a decision made by the Secretary of State for the purposes of, or in connection with, the exercise or performance of any such power or duty;

c

a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 7 (movement directions measure) or paragraph 11(1)(b) of that Schedule (reporting measure);

d

a decision by a polygraph operator to give a direction by virtue of paragraph 12(1)(c) of Schedule 7;

e

a decision by a person to give a direction by virtue of paragraph 15(2)(d) of Schedule 7 (monitoring measure).