Part II Proscribed Organisations
Procedure
9 Human Rights Act 1998.
1
This section applies where rules (within the meaning of section 7 of the M1Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission.
2
The following provisions of this Act shall apply in relation to proceedings under section 7(1) of that Act as they apply to appeals under section 5 of this Act—
a
section 5(4) F1, (5) and (5A) ,
b
section 6,
c
section 7, and
d
paragraphs 4 to F27 of Schedule 3.
3
The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review.
4
In the application of the provisions mentioned in subsection (2)—
a
a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, F3and
b
a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention rightF4, and
c
a reference to a refusal to provide for a name to cease to be treated as a name for an organisation shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right.