Paragraph 15

United Kingdom

(F11)

Where an appeal is brought under paragraph 14, the Secretary of State may issue a certificate that the decision to which the appeal relates—

(a)

was taken for a purpose specified in sub-paragraph (2), and

(b)

was justified by that purpose.

(2)

Those purposes are—

(a)

preventing benefit from accruing to an organisation which was proscribed,

(b)

preventing benefit from accruing to an organisation which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and

(c)

preventing benefit from accruing to a person who was engaged in criminal activity.

(3)

If he intends to rely on a certificate under this paragraph the Secretary of State shall notify the appellant.

(4)

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

(a)

he may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47), and

(b)

sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

(5)

Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall 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F1: Sch. 6 repealed (N.I) (1.12.2009) by The Private Security Industry Act 2001 (Designated Activities) (Northern Ireland) Order 2009 (S.I. 2009/3048), art. 4