Part IIProscribed Organisations
Procedure
5Deproscription: appeal
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 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 by or in respect of an organisation, it may make an order under this subsection.
5
Where an order is made under subsection (4) 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).
6
Schedule 3 (constitution of the Commission and procedure) shall have effect.