Section 3 Removal of designationI1

The National Security Act 2023 is amended as follows.

After section 33B (as inserted by section 1(2)) insert—

“Removal of designation

Removal of designation: application

33C

(1)

An application may be made to the Secretary of State to exercise the power in section 33A to—

(a)

remove the designation of a body, or

(b)

remove an alternative name included in the designation of a body.

(2)

An application may be made by—

(a)

the designated body, or

(b)

any person affected by the designation.

(3)

The Secretary of State may by regulations make provision about the procedure for applications under this section.

(4)

The regulations may—

(a)

require the Secretary of State to determine an application within a specified period of time, and

(b)

require an application to state the grounds on which it is made.

Removal of designation: appeal

33D

(1)

Where an application under section 33C is refused, the applicant may appeal to the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000 (referred to in this Part as “the Commission”).

(2)

The Commission must allow an appeal against a refusal to remove the designation of a body or to remove an alternative name included in the designation of a body if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.

(3)

Where the Commission allows an appeal under this section, it must make an order under this subsection.

(4)

Where an order is made under subsection (3) in respect of an appeal against a refusal to remove the designation of a body, the Secretary of State must as soon as is reasonably practicable—

(a)

lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the designation of the body, or

(b)

make regulations under that section removing the designation of the body in accordance with section 96(6A).

(5)

Where an order is made under subsection (3) in respect of an appeal against a refusal to remove an alternative name from a designation of a body, the Secretary of State must, as soon as is reasonably practicable—

(a)

lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the alternative name from the designation, or

(b)

make regulations under that section removing the alternative name from the designation in accordance with section 96(6A).

Further appeal

33E

(1)

A party to an appeal under section 33D which the Commission has determined may bring a further appeal on a question of law to—

(a)

the Court of Appeal, if the first appeal was heard in England and Wales,

(b)

the Court of Session, if the first appeal was heard in Scotland, or

(c)

the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.

(2)

An appeal under subsection (1) may be brought only with the permission—

(a)

of the Commission, or

(b)

where the Commission refuses permission, of the court to which the appeal would be brought.

(3)

An order under section 33D(3) may not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the Supreme Court).

Appeal: effect on conviction etc.

33F

(1)

This section applies where—

(a)

an appeal under section 33D has been allowed in respect of a body,

(b)

regulations have been made under section 33A in respect of the body in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),

(c)

a person has been convicted of an offence in respect of the body under—

(i)

any of sections 17A to 17C, or

(ii)

any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and

(d)

the conduct to which the charge referred took place on or after the date of the refusal to remove a designation against which the appeal under section 33D was brought.

(2)

This section also applies where—

(a)

an appeal under section 33D has been allowed in respect of an alternative name included in the designation of a body,

(b)

regulations have been made under section 33A in respect of the alternative name in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),

(c)

a person has been convicted of an offence in respect of the body under—

(i)

any of sections 17A to 17C, or

(ii)

any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and

(d)

the conduct to which the charge referred took place on or after the date of the refusal, against which the appeal under section 33D was brought, to remove an alternative name from a designation of a body.

(3)

A person mentioned in subsection (1)(c) or (2)(c) may appeal against the conviction.

(4)

An appeal under subsection (3) is to be made—

(a)

in the case of a conviction in England and Wales or Northern Ireland, to the Court of Appeal;

(b)

in the case of a conviction in Scotland, to the High Court of Justiciary.

(5)

On an appeal under subsection (3) to any court, that court must allow the appeal and quash the conviction.

(6)

An appeal under subsection (3) to the Court of Appeal against a conviction—

(a)

may be brought irrespective of whether the person has previously appealed against the conviction;

(b)

must be brought within the period of 28 days beginning with the relevant date;

(c)

is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case.

(7)

An appeal under subsection (3) to the High Court of Justiciary against a conviction—

(a)

may be brought irrespective of whether the person has previously appealed against the conviction;

(b)

must be brought within the period of two weeks beginning with the relevant date;

(c)

is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted.

(8)

In this section “the relevant date” means—

(a)

the date on which the regulations mentioned in subsection (1)(b) or (2)(b) come into force, or

(b)

where the regulations are made in reliance on section 96(6A), the date on which they are approved by the second House of Parliament to approve them.

Proceedings under the Human Rights Act 1998

33G

The Commission is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings which call into question a decision made by the Secretary of State in relation to an application made under section 33C.

Immunity

33H

(1)

The following are not admissible as evidence in proceedings for an offence under any of sections 17A to 17C, or under any of sections 1, 2, 12, 13, 16 or 18 where the condition to be met is the designated body condition—

(a)

evidence of anything done in relation to an application to the Secretary of State under section 33C,

(b)

evidence of anything done in relation to proceedings before the Commission under section 33D or section 7(1) of the Human Rights Act 1998,

(c)

evidence of anything done in relation to proceedings under section 33E, and

(d)

any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).

(2)

But subsection (1) does not prevent evidence from being adduced by, or on behalf of, the defendant (or, in Scotland, the accused person).”.