Part VIII Miscellaneous
Discrimination: certificates by Secretary of State
90 Effect of certificates.
1
This section applies where in any proceedings—
a
a person claims that an act discriminated against him in contravention of section 24 or 76; and
b
the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying—
i
that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and
ii
that the doing of the act was justified by that purpose.
2
The claimant may, in accordance with rules F1made under section 91 , appeal against the certificate to the Tribunal, that is to say, the tribunal established under section 91.
3
If on an appeal under subsection (2) the Tribunal determines—
a
that the act specified in the certificate was done for the certified purpose; and
b
that the doing of the act was justified by that purpose,
the Tribunal shall uphold the certificate; in any other case, the Tribunal shall quash the certificate.
4
If—
a
the claimant does not appeal against the certificate; or
b
the certificate is upheld on appeal,
the certificate shall be conclusive evidence of the matters certified by it.
5
In this section “act” does not include the making, confirmation or approval of a provision of subordinate legislation.