Part II Proscribed Organisations

Procedure

9 Human Rights Act 1998.

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) F2, (5) and (5A) ,

b

section 6,

c

section 7, and

d

paragraphs 4 to F17 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, F4and

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 rightF3, 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.