Part V Appeals
57 Appeal against notices served under Part IV.
(1)
Where a decision notice has been served, the complainant or the public authority may appeal to the Tribunal against the notice.
(2)
A public authority on which an information notice or an enforcement notice has been served by the Commissioner may appeal to the Tribunal against the notice.
(3)
In relation to a decision notice or enforcement notice which relates—
(a)
to information to which section 66 applies, and
(b)
to a matter which by virtue of subsection (3) or (4) of that section falls to be determined by the responsible authority instead of the appropriate records authority,
subsections (1) and (2) shall have effect as if the reference to the public authority were a reference to the public authority or the responsible authority.
58 Determination of appeals.
(1)
If on an appeal under section 57 the Tribunal considers—
(a)
that the notice against which the appeal is brought is not in accordance with the law, or
(b)
to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently,
the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal.
(2)
On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based.
59 Appeals from decision of Tribunal.
Any party to an appeal to the Tribunal under section 57 may appeal from the decision of the Tribunal on a point of law to the appropriate court; and that court shall be—
(a)
the High Court of Justice in England if the address of the public authority is in England or Wales,
(b)
the Court of Session if that address is in Scotland, and
(c)
the High Court of Justice in Northern Ireland if that address is in Northern Ireland.
60 Appeals against national security certificate.
(1)
Where a certificate under section 23(2) or 24(3) has been issued—
(a)
the Commissioner, or
(b)
any applicant whose request for information is affected by the issue of the certificate,
may appeal to the Tribunal against the certificate.
(2)
If on an appeal under subsection (1) relating to a certificate under section 23(2), the Tribunal finds that the information referred to in the certificate was not exempt information by virtue of section 23(1), the Tribunal may allow the appeal and quash the certificate.
(3)
If on an appeal under subsection (1) relating to a certificate under section 24(3), the Tribunal finds that, applying the principles applied by the court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.
(4)
Where in any proceedings under this Act it is claimed by a public authority that a certificate under section 24(3) which identifies the information to which it applies by means of a general description applies to particular information, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the information in question and, subject to any determination under subsection (5), the certificate shall be conclusively presumed so to apply.
(5)
On any appeal under subsection (4), the Tribunal may determine that the certificate does not so apply.
61 Appeal proceedings.
(1)
Schedule 4 (which contains amendments of Schedule 6 to the M1Data Protection Act 1998 relating to appeal proceedings) has effect.
(2)
Accordingly, the provisions of Schedule 6 to the M2Data Protection Act 1998 have effect (so far as applicable) in relation to appeals under this Part.