PART 1Sanctions regulations
CHAPTER 4Court reviews
38Court review of decisions
1
This section applies to—
a
b
d
any other decision of an appropriate Minister in connection with functions of that Minister under this Part or regulations under this Part, other than—
i
a decision to make or vary, or not to revoke or vary, a designation under a designation power where the designated person has a right to make a request under section 23 or would have but for section 23(2),
ii
a decision to make a ship specification, or not to revoke a ship specification, where a person has a right to make a request in respect of that specification under section 27 or would have but for section 27(2), or
2
The appropriate person may apply to the High Court or, in Scotland, the Court of Session, for the decision to be set aside.
3
“The appropriate person” means—
a
in relation to a decision within subsection (1)(a), the person named by the designation or, where the designation is of persons of a specified description, any person of that description;
c
in relation to a decision within subsection (1)(c), the person who made the request.
4
In determining whether the decision should be set aside, the court must apply the principles applicable on an application for judicial review.
5
6
In this section and section 39 “a ship specification” means a specification of a ship made under a power contained in regulations under section 1 by virtue of section 14.