Article 18 Relevant appellate court

(1)

In making decisions under section 67A(2) of the Act as to the identity of the relevant appellate court^f1, the Tribunal must apply the criteria set out in paragraphs (2) and (3).

(2)

Subject to paragraph (3), the relevant appellate court is the appellate court in the jurisdiction with the closest and most substantial connection to the section 7 proceedings or complaint.

(3)

The Tribunal may specify a different appellate court if the Tribunal considers it appropriate due to—

(a)

the public interest, and in particular any risk that the identity of a particular appellate court could be prejudicial to the interests of national security;

(b)

any other compelling factors the Tribunal considers relevant.

Annotations

Footnotes

f1: “Relevant appellate court” is defined in section 67A(2) of the Act.