Decision by courtU.K.
4(1)In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court must quash the Part 2 notice.
(2)In a case where the court determines that a decision of the Secretary of State that condition D is met is obviously flawed, the court must quash those of the measures which it determines that decision relates to.
(3)If sub-paragraph (1) does not apply, the court must confirm the Part 2 notice (subject to any quashing of measures under sub-paragraph (2)).
(4)If the court determines that the Secretary of State’s decision that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the Part 2 notice under the preceding provisions of this paragraph).
Commencement Information
I1Sch. 8 para. 4 not in force at Royal Assent, see 100(1)
I2Sch. 8 para. 4 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)