SCHEDULES

SCHEDULE 6Private Security Industry: Interim Arrangements

Appeal

14

F1The applicant for a licence may appeal to the High Court if—

a

the application is refused,

b

a condition is imposed on the grant of a licence, or

c

the licence is revoked.F1

15

F21

Where an appeal is brought under paragraph 14, the Secretary of State may issue a certificate that the decision to which the appeal relates—

a

was taken for a purpose specified in sub-paragraph (2), and

b

was justified by that purpose.

2

Those purposes are—

a

preventing benefit from accruing to an organisation which was proscribed,

b

preventing benefit from accruing to an organisation which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and

c

preventing benefit from accruing to a person who was engaged in criminal activity.

3

If he intends to rely on a certificate under this paragraph the Secretary of State shall notify the appellant.

4

Where the appellant is notified of the Secretary of State's intention to rely on a certificate under this paragraph—

a

he may appeal against the certificate to the Tribunal established under section 91 of the Northern Ireland Act 1998 (c. 47), and

b

sections 90(3) and (4), 91(2) to (9) and 92 of that Act (effect of appeal, procedure, and further appeal) shall apply.

5

Rules made under section 91 or 92 of that Act which are in force immediately before this paragraph comes into force shall have effect in relation to a certificate under this paragraph—

a

with any necessary modifications, and

b

subject to any later rules made by virtue of sub-paragraph (4)(b).F2