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Change 1
As published
45 Review hearing
(1) On a review hearing held in compliance with directions under section 44(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.
(2) In doing so, the court must apply the principles applicable on an application for judicial review.
(3) The court—
(a) must discontinue the review hearing if the individual requests the court to do so, and
(b) may discontinue the review hearing in any other circumstances.
(4) The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.
(5) The court has the following powers (and only those powers) on a review hearing—
(a) power to quash the Part 2 notice;
(b) power to quash measures specified in the Part 2 notice;
(c) power to give directions to the Secretary of State for, or in relation to—
(i) the revocation of the Part 2 notice, or
(ii) the variation of measures specified in the Part 2 notice.
(6) If the court does not exercise any of its powers under subsection (5), the court must decide that the Part 2 notice is to continue in force.
(7) If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the Part 2 notice is to continue in force subject to that exercise of that power.
(8) In this section “relevant conditions” means—
(a) condition A,
(b) condition B,
(c) condition C, and
(d) condition D.
Your change, as a redline
45 Review hearing
(1) On a review hearing held in compliance with directions under section 44(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.
(2) In doing so, the court must apply the principles applicable on an application for judicial review.
(3) The court—
(a) must discontinue the review hearing if the individual requests the court to do so, and
(b) may discontinue the review hearing in any other circumstances.
(4) The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.
(5) The court has the following powers (and only those powers) on a review hearing—
(a) power to quash the Part 2 notice;
(b) power to quash measures specified in the Part 2 notice;
(c) power to give directions to the Secretary of State for, or in relation to—
(i) the revocation of the Part 2 notice, or
(ii) the variation of measures specified in the Part 2 notice.
(6) If the court does not exercise any of its powers under subsection (5), the court must decide that the Part 2 notice is to continue in force.
(7) If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the Part 2 notice is to continue in force subject to that exercise of that power.
(8) In this section “relevant conditions” means—
(a) condition A,
(b) condition B,
(c) condition C, and
(d) condition D.
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