(1) The Secretary of State must consult the chief officer of the appropriate police force about the matter mentioned in subsection (2) before -

(a) making an application under section 6 for permission to impose measures on an individual, or

(b) imposing measures on an individual in a case to which section 3(5)(b) applies (urgency of the case requires measures to be imposed without obtaining the permission of the court).

(2) The matter is whether there is evidence available that could realistically be used for the purposes of prosecuting the individual for an offence relating to terrorism.

(3) The "appropriate police force" means the police force -

(a) that is investigating the commission of any such offence by the individual, or

(b) by which it appears to the Secretary of State that the commission of any such offence by the individual would fall to be investigated.