Part 2: Prevention and Investigation Measures Review of ongoing necessity Section 47: Review of ongoing necessity
This section places a duty on the Secretary of State to keep under review the necessity of a Part 2 notice, and the measures imposed under it, while the notice is in force. This is the position taken in relation to Terrorism Prevention and Investigation Measures (the Terrorism Prevention and Investigation Measures Act 2011) following case law in the context of control orders whereby the Court of Appeal held in Secretary of State for the Home Department v MB [2006] EWCA Civ 1140, that "it is the duty of the Secretary of State to keep the decision to impose the control order under review, so that the restrictions that it imposes, whether on civil rights or Convention rights, are no greater than necessary".