Part 7Security of Pathogens and Toxins

70C1 Denial of access: appeals

1

There shall be a commission, to be known as the Pathogens Access Appeal Commission.

2

Any person aggrieved by directions given under section 64 may appeal to the Commission.

3

The Commission must allow an appeal if it considers that the decision to give the directions was flawed when considered in the light of the principles applicable on an application for judicial review.

4

A party to any appeal under this section which the Commission has determined may bring a further appeal on a question of law to—

a

the Court of Appeal, if the first appeal was heard in England and Wales;

b

the Court of Session, if the first appeal was heard in Scotland; or

c

the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.

5

An appeal under subsection (4) may be brought only with the permission of—

a

the Commission; or

b

where the Commission refuses permission, the court to which the appeal would be brought.

6

Schedule 6 (constitution of the Commission and procedure) has effect.