- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (20/12/2023)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 20/12/2023.
There are currently no known outstanding effects for the National Security Act 2023, Cross Heading: Appeals and court proceedings.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)If the Secretary of State extends or revives a Part 2 notice (see section 41(2) or 49(6))—
(a)the individual to whom the Part 2 notice relates may appeal to the court against the extension or revival, and
(b)the function of the court on such an appeal is to review the Secretary of State's decisions that conditions A, C and D were met and continue to be met.
(2)If the Secretary of State varies measures specified in a Part 2 notice (and the variation does not consist of the relaxation or removal of measures) without the consent of the individual to whom the Part 2 notice relates—
(a)the individual may appeal to the court against the variation, and
(b)the function of the court on such an appeal is to review the Secretary of State’s decisions that the variation was necessary, and continues to be necessary, for purposes connected with preventing or restricting involvement by the individual in foreign power threat activity.
(3)If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for the variation of measures specified in the Part 2 notice (see section 48(4))—
(a)the individual may appeal to the court against any decision by the Secretary of State on the application, and
(b)the function of the court on such an appeal is to review the Secretary of State’s decisions that the measures to which the application relates were necessary, and continue to be necessary, for purposes connected with preventing or restricting involvement by the individual in foreign power threat activity.
(4)If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for the revocation of the notice (see section 49(3))—
(a)the individual may appeal to the court against any decision by the Secretary of State on the application, and
(b)the function of the court on such an appeal is to review the Secretary of State’s decisions that conditions A, C and D were met and continue to be met.
(5)If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for permission—
(a)the individual may appeal to the court against any decision by the Secretary of State on the application (including any decision about conditions to which permission is subject), and
(b)the function of the court on such an appeal is to review the decision.
(6)In determining the matters mentioned in subsections (1) to (5) the court must apply the principles applicable on an application for judicial review.
(7)The only powers of the court on an appeal under this section are—
(a)power to quash the extension or revival of the Part 2 notice;
(b)power to quash measures specified in the Part 2 notice;
(c)power to give directions to the Secretary of State for, or in relation to—
(i)the revocation of the Part 2 notice, or
(ii)the variation of measures specified in the Part 2 notice;
(d)power to give directions to the Secretary of State in relation to permission or conditions to which permission is subject.
(8)If the court does not exercise any of its powers under subsection (7), it must dismiss the appeal.
(9)In this section “permission” means permission for the purposes of measures specified in a Part 2 notice (see, in particular, paragraph 17 of Schedule 7).
Commencement Information
I1S. 52 not in force at Royal Assent, see s. 100(1)
I2S. 52 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)
(1)Decisions relating to Part 2 notices are not to be questioned in any legal proceedings other than—
(a)proceedings in the court, or
(b)proceedings on appeal from such proceedings.
(2)The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to proceedings all or any part of which call a decision relating to a Part 2 notice into question.
(3)In this Part “decision relating to a Part 2 notice” means—
(a)a decision made by the Secretary of State in exercise or performance of any power or duty under any of sections 39 to 51 or under Schedule 7 or Schedule 8;
(b)a decision made by the Secretary of State for the purposes of, or in connection with, the exercise or performance of any such power or duty;
(c)a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 7 (movement directions measure) or paragraph 11(1)(b) of that Schedule (reporting measure);
(d)a decision by a polygraph operator to give a direction by virtue of paragraph 12(1)(c) of Schedule 7;
(e)a decision by a person to give a direction by virtue of paragraph 15(2)(d) of Schedule 7 (monitoring measure).
Commencement Information
I3S. 53 not in force at Royal Assent, see s. 100(1)
I4S. 53 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)
(1)No appeal lies from any determination of the court in relevant proceedings, except on a question of law.
(2)No appeal by any person other than the Secretary of State lies from any determination—
(a)on an application for permission under section 42, or
(b)on a reference under Schedule 8.
(3)Schedule 10 makes provision about proceedings relating to measures.
Commencement Information
I5S. 54 not in force at Royal Assent, see s. 100(1)
I6S. 54 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys