SCHEDULES
SCHEDULE 1 Northern Ireland (Emergency Provisions) Act 1996
Amendments during temporary extension
12
1
Part V (private security services) shall have effect subject to the provisions of this paragraph.
2
On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate.
3
To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above.
4
The applicant for a certificate may appeal to the High Court if—
a
the application is refused,
b
a condition is imposed on the grant of the certificate, or
c
the certificate is revoked.
5
Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates—
a
was taken for the purpose of preventing benefit from accruing to an organisation which was within section 39(8), and
b
was justified by that purpose.
6
If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant.
7
Where the appellant is notified of the Secretary of State’s intention to rely on a certificate under sub-paragraph (5)—
a
he may appeal against the certificate to the Tribunal established under section 91 of the M1Northern Ireland Act 1998, 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.
8
Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)—
a
with any necessary modifications, and
b
subject to any later rules made by virtue of sub-paragraph (7)(b).