(1) This section applies if the Secretary of State -

(a) makes the relevant decisions in relation to an individual, and

(b) makes an application to the court for permission to impose measures on the individual.

(2) The application must set out a draft of the proposed TPIM notice.

(3) The function of the court on the application is -

(a) to determine whether the relevant decisions of the Secretary of State are obviously flawed, and

(b) to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).

(4) The court may consider the application -

(a) in the absence of the individual;

(b) without the individual having been notified of the application; and

(c) without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.