Commentary on Sections Section 5: General restriction on control powers
38.Subsection (1) provides that the powers given to the Secretary of State to make control orders may only (subject to certain exceptions set out in section 6) be used where authorised by this section.
39.Subsection (2) states that controls may be imposed to give effect to any Community provisions or other international obligation (as defined in subsection (3)) of the United Kingdom.
40.Subsections (3) to (8) Export, transfer or technical assistance controls may also be imposed in relation to any description of goods, technology or technical assistance within one or more of the categories specified in the Schedule to the Act and trade controls may be imposed in relation to any description of goods within one or more of the categories specified in the Schedule to the Act.