Part 2: Prevention and Investigation Measures Court scrutiny of imposition of measures Section 42: Prior permission of the court
This section sets out the function (subsection (3)) and powers (subsections (7), (8) and (9)) of the court on an application by the Secretary of State to obtain permission from the court before imposing measures on an individual as required under condition E of section 40.
	Subsection (4) provides that the court may consider the Secretary of State’s application without the individual on whom the measures would be imposed being aware of the application or having the opportunity to make representations. This is intended to avoid giving an individual advance warning of the Secretary of State’s intention to impose a Part 2 notice on him or her, and to avoid a risk of the individual absconding before the measures can be imposed. The individual will subsequently have the opportunity to make representations about the imposition of the measures: section 44 requires the court, if it gives permission, also to give directions for a full, substantive review of the imposition of measures on the individual and section 45 makes provision for that review.
	Subsection (6) provides that the court must apply the principles applicable on an application for judicial review.
	Subsections (7), (8) and (9) provide for the powers of the court in various scenarios. The court may not give permission if it finds that the Secretary of State’s decisions that conditions A (involvement in foreign power threat activity), B (the relevant activity is new foreign power threat activity) or C (necessity of measures) are met were obviously flawed. If the court finds that the Secretary of State’s decision that condition D (necessity of specific measures in the Part 2 notice) is met was obviously flawed – that is, that although the decision to impose measures was not obviously flawed, the decision to impose one or more of the specific measures was obviously flawed – the court is not required to refuse permission altogether. In this case, the court may instead give directions to the Secretary of State in relation to the measures to be imposed, whilst otherwise granting permission. This would allow the court to give guidance about the considerations which the Secretary of State must take into account when deciding which measures to impose.