Commentary on Sections Section 8:  Protection of certain freedoms
47.Subsection (1)  states that the Secretary of State may not make a control order that has the effect of prohibiting or regulating certain specified activities  unless the interference by the order in the freedom to carry on the activity in question is necessary (and no more than necessary).
48.Subsection (2) states that it is for the Secretary of State to determine that any interference in any of the activities described in the section is necessary in the light of the circumstances prevailing at the time and having considered the reasons for seeking to control the activity in question and the need to respect the freedom to carry on the affected activity.