SCHEDULES

SCHEDULE 2Urgent cases: reference to the court etc

Decision by court

4

(1)

In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court must quash the TPIM notice.

(2)

In a case where the court determines that a decision of the Secretary of State that condition D is met is obviously flawed, the court must quash those of the measures which it determines that decision relates to.

(3)

If sub-paragraph (1) does not apply, the court must confirm the TPIM notice (subject to any quashing of measures under sub-paragraph (2)).

(4)

If the court determines that the Secretary of State's decision that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the TPIM notice under the preceding provisions of this paragraph).