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6. In Article 8 (duration and conditions of licences)—
(a)in paragraphs (2) and (3) for “Secretary of State” substitute “Department of Justice”;
(b)for paragraph (4) substitute—
“(4) Rules made under paragraph (2) shall be subject to negative resolution.”;
(c)after paragraph (4) insert—
“(5) The Secretary of State may exercise any power of the Department of Justice to include, insert, vary or cancel conditions in a licence but only if his decision to exercise the power is arrived at (wholly or partly) on the basis of protected information; and, in relation to the exercise of such a power by the Secretary of State, in paragraph (3) the reference to the Department of Justice is to be read as a reference to the Secretary of State.
(6) The Department of Justice must exercise its powers subject to anything done by the Secretary of State by virtue of paragraph (5).”
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