110Appeal against discharge by Secretary of StateU.K.
(1)If the Secretary of State makes an order for a person’s discharge under this Part, an appeal to the High Court may be brought on behalf of the category 2 territory against the relevant decision.
(2)But subsection (1) does not apply if the order for the person’s discharge was under section 123.
(3)The relevant decision is the decision which resulted in the order for the person’s discharge.
(4)An appeal under this [F1section—
(a)may] be brought on a question of law or fact[F2, but
(b)lies only with the leave of the High Court.]
(5)[F3Notice of application for leave to appeal] under this section must be given in accordance with rules of court before the end of the permitted period, which is 14 days starting with the day on which (under section 100(4)) the Secretary of State informs a person acting on behalf of the category 2 territory of the order.
Textual Amendments
F1Words in s. 110(4) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(6)(a), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
F2S. 110(4)(b) and preceding word inserted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 160(6)(b), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(a) (with art. 4)
F3Words in s. 110(5) substituted (15.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 114 (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/987, art. 2(c)(iv) (with art. 4)
Commencement Information
I1Act wholly in force at 1.1.2004, see s. 221 and S.I. 2003/3103, art. 2 (subject to arts. 3-5) (as amended by S.I. 2003/3258 art. 2(2) and S.I. 2003/3312 art. 2(2))