Section 9 Human Rights Act 1998.

United Kingdom

(1)

This section applies where rules (within the meaning of section 7 of the M1Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission.

(2)

The following provisions of this Act shall apply in relation to proceedings under section 7(1) of that Act as they apply to appeals under section 5 of this Act—

(a)

section 5(4) F1, (5) and (5A) ,

(b)

section 6,

(c)

section 7, and

(d)

paragraphs 4 to F27 of Schedule 3.

(3)

The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review.

(4)

In the application of the provisions mentioned in subsection (2)—

(a)

a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, F3and

(b)

a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention rightF4, and

(c)

a reference to a refusal to provide for a name to cease to be treated as a name for an organisation shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right.

Annotations

Textual amendments

F1: Words in s. 9(2)(a) substituted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(9)(a); S.I. 2006/1013, art. 2
F2: Words in s. 9(2)(d) substituted (2.10.2000) by 2000 c. 23, s. 82, Sch. 4 para. 12(1) (with s. 82(3)); S.I. 2000/2543, art. 3
F3: S. 9(4): it is provided that the word "and" at the end of para. (b) is repealed (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(5), Sch. 3; S.I. 2006/1013, art. 2
F4: S. 9(4)(c) and preceding word inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(9)(b); S.I. 2006/1013, art. 2

Marginal citations

M1: 1998 c. 42.