Part 7: Miscellaneous and General Commentary on Sections Section 46: Privacy and Civil Liberties Board
241.Section 46 provides the Secretary of State with a power to make regulations to create a body which will support the Independent Reviewer of Terrorism Legislation. The first set of regulations made under this power, and any subsequent set which amend, repeal or revoke primary legislation, are subject to affirmative resolution; other regulations are subject to the negative Parliamentary procedure. Subsection (2) provides that the body will be known as the “Privacy and Civil Liberties Board”. Regulations made under this power may, amongst other things, provide for the details of the Board’s functions, membership, staffing arrangements, its organisation and procedures (subsection (3)). Regulations brought forward under this section must provide for the Secretary of State to consider recommendations from the Independent Reviewer before appointing members of the Board, and must specify that the Board will operate under the direction and control of the Independent Reviewer, who will chair it (subsection (4)).