Section 13 Appeals against security decisions of OFCOMI1I2

Section 194A of the Communications Act 2003 (disposal of appeals against decisions of OFCOM etc) is amended as follows.

After subsection (2) insert—

“(2A)

In a case where the appeal is against a relevant security decision of OFCOM, the Tribunal is to apply those principles without taking any special account of the merits of the case.

(2B)

Subsection (2A) has effect notwithstanding any retained case law or retained general principle of EU law.”

In subsection (6) at the end insert—

• ““relevant security decision” means a decision under any of sections 105I, 105L to 105O and 105U to 105W;

• “retained case law” and “retained general principle of EU law” have the meanings given by section 6(7) of the European Union (Withdrawal) Act 2018.”