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40. For regulation 28(8)(a) of the Privacy and Electronic Communications (EC Directive) Regulations 2003(1) (national security) substitute—
“(a)“the Tribunal”, in relation to any appeal under this regulation, means—
(i)the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the appeal; or
(ii)the First-tier Tribunal, in any other case;”.
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