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Public Processions (Northern Ireland) Act 1998

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This is the original version (as it was originally enacted).

9Review by Secretary of State of determination of Commission under section 8

(1)The Secretary of State shall, on an application made by the Chief Constable, review a determination issued by the Commission under section 8.

(2)On a review of a determination under this section the Secretary of State may—

(a)revoke the determination;

(b)amend the determination by amending or revoking any condition imposed by the determination or by adding any new condition; or

(c)confirm the determination.

(3)In considering in any particular case—

(a)whether to revoke, amend or confirm a determination; or

(b)what amendments should be made to a determination,

the Secretary of State shall have regard to the guidelines.

(4)Wherever practicable the Secretary of State shall before revoking, amending or confirming a determination under this section consult the Commission; but nothing in this subsection shall affect the validity of any revocation, amendment or confirmation under this section.

(5)A determination of the Commission which is amended by the Secretary of State under this section shall be treated for the purposes of this Act (except section 8(4)) as if it had been issued by the Commission as so amended.

(6)Where a determination of the Commission in relation to a public procession has been revoked by the Secretary of State under this section, the Commission shall not issue any further determination under section 8 in relation to that procession.

(7)The Secretary of State shall immediately notify the Commission where any determination of the Commission is revoked, amended or confirmed under this section.

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