(1)There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.
(2)Where an application under section 4 has been refused, the applicant may appeal to the Commission.
(3)The Commission shall allow an appeal against a refusal to deproscribe an organisation [F1or to provide for a name to cease to be treated as a name for an organisation] 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.
(4)Where the Commission allows an appeal under this section F2. . . , it may make an order under this subsection.
(5)Where an order is made under subsection (4) [F3in respect of an appeal against a refusal to deproscribe an organisation,] the Secretary of State shall as soon as is reasonably practicable—
(a)lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or
(b)make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5).
[F4(5A)Where an order is made under subsection (4) in respect of an appeal against a refusal to provide for a name to cease to be treated as a name for an organisation, the Secretary of State shall, as soon as is reasonably practicable, make an order under section 3(8) providing that the name in question is to cease to be so treated in relation to that organisation.]
(6)Schedule 3 (constitution of the Commission and procedure) shall have effect.
Textual Amendments
F1Words in s. 5(3) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(5)(a); S.I. 2006/1013, art. 2
F2Words in s. 5(4) repealed (13.4.2006) by Terrorism Act 2006 (c. 11), ss. {22(5)(b)}, 37(5), {Sch. 3}; S.I. 2006/1013, art. 2
F3Words in s. 5(5) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(5)(c); S.I. 2006/1013, art. 2
F4S. 5(5A) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(6); S.I. 2006/1013, art. 2
Commencement Information
I1S. 5 wholly in force at 19.2.2001; s. 5 not in force at Royal Assent see s. 128; s. 5(1) wholly in force and s. 5(6) in force for certain purposes at 31.10.2000 by S.I. 2000/2944, art. 2(b); s. 5 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2