Section 79 National security: certificateI1

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F2Subject to subsection (5), a certificate signed by a Minister of the Crown certifying that exemption from all or any of the provisions listed in section 78A(2) is, or at any time was, required in relation to any personal data for the purposes of safeguarding national security is conclusive evidence of that fact.

A certificate issued under F3subsection (3A)—

Any person directly affected by the issuing of a certificate under F4subsection (3A) may appeal to the Tribunal against the certificate.

If, on an appeal under subsection (5), the Tribunal finds that, applying the principles applied by a court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may —

Where in any proceedings under or by virtue of this Act, it is claimed by a controller that F5a certificate under subsection (3A) which identifies the personal data to which it applies by means of a general description applies to any personal data, any other party to the proceedings may appeal to the Tribunal on the ground that F6the certificate does not apply to the personal data in question.

But, subject to any determination under subsection (9), F7the certificate is to be conclusively presumed F8so to apply.

On an appeal under subsection (7), the Tribunal may determine that the certificate does not so apply.

A document purporting to be a certificate under F9subsection (3A) is to be—

A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under F10subsection (3A) is—

The power conferred by F11subsection (3A) on a Minister of the Crown is exercisable only by—

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