Schedules

Schedule 8Urgent cases: reference to the court etc

I1I23Reference to court

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.