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5.—(1) An applicant who has received notice under regulation 4 that his application for a confidentiality order has been unsuccessful may appeal to the High Court or the Court of Session on the grounds that the decision—
(a)is unlawful;
(b)is irrational or unreasonable; or
(c)has been made on the basis of procedural impropriety or otherwise contravenes the rules of natural justice.
(2) No appeal under this regulation may be brought unless the leave of the court has been obtained.
(3) An applicant must bring an appeal within 21 days of the sending of the notice under regulation 4 or, with the court’s permission, after the end of such period, but only if the court is satisfied—
(a)where permission is sought before the end of that period, that there is good reason for the applicant being unable to bring the appeal in time; or
(b)where permission is sought after that time, that there was a good reason for the applicant’s failure to bring the appeal in time and for any delay in applying for permission.
(4) The court determining an appeal may—
(a)dismiss the appeal; or
(b)quash the decision,
and where the court quashes a decision it may refer the matter to the Secretary of State with a direction to reconsider it and to make a determination in accordance with the findings of the court.
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