Paragraph 4I F1

(1)

Sub-paragraph (2) applies if any decision of—

(a)

a senior officer to give, vary or cancel an authorisation under paragraph 4A, or

(b)

the Secretary of State to confirm, vary or cancel such an authorisation,

is challenged on judicial review or in any other legal proceedings.

(2)

The Secretary of State may issue a certificate that—

(a)

the interests of national security are relevant to the decision, and

(b)

the decision was justified.

(3)

The Secretary of State must notify the person making the challenge (“the claimant”) if the Secretary of State intends to rely on a certificate under this paragraph.

(4)

Where the claimant is notified of the Secretary of State's intention to rely on a certificate under this paragraph—

(a)

the claimant may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998, and

(b)

sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure and further appeal) apply but subject to sub-paragraph (5).

(5)

In its application by virtue of sub-paragraph (4)(b), section 90(3) of the Act of 1998 is to be read as if for the words from “subsection” to “that purpose,” there were substituted “paragraph 4I(4)(a) of Schedule 3 to the Justice and Security (Northern Ireland) Act 2007 the Tribunal determines that—

“(a)
the interests of national security are relevant to the decision to which the certificate relates, and
(b)
the decision was justified,”.

(6)

Rules made under section 91 or 92 of the Act of 1998 which are in force immediately before this paragraph comes into force have effect in relation to a certificate under this paragraph—

(a)

with any necessary modifications, and

(b)

subject to any later rules made by virtue of sub-paragraph (4)(b).

Annotations

Textual amendments

F1: Sch. 3 paras. 4A-4I inserted (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 6 para. 2 (with s. 97); S.I. 2012/1205, art. 4(h)