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National Security Act 2023

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Changes over time for: Paragraph 4

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Decision by courtU.K.

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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 Part 2 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 Part 2 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 Part 2 notice under the preceding provisions of this paragraph).

Commencement Information

I1Sch. 8 para. 4 not in force at Royal Assent, see 100(1)

I2Sch. 8 para. 4 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)

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