Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Initial appeals

9 (1) In this Part of this Schedule “initial appeal” means an appeal to the relevant court against the Secretary of State’s decision not to permit the proposed disclosure in the affected report.

(2) The function of the relevant court on an initial appeal is to review the Secretary of State’s decision not to permit the proposed disclosure.

(3) In determining an initial appeal, the relevant court must apply the principles applicable on an application for judicial review or, in Scotland, an application to the supervisory jurisdiction of the Court of Session.

(4) On an initial appeal—

(a) the court has the power to quash the Secretary of State’s decision;

(b) if the court quashes the decision, it must direct the Secretary of State to remake the decision within—

(i) the period of 60 days beginning with the day on which the court gives the direction, or

(ii) any reasonable longer period which the court specifies (after considering any representations made by a party to the proceedings).

(5) If the court does not exercise that power to quash the decision, it must dismiss the appeal.