6. In Article 8 (duration and conditions of licences)—U.K.
(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).”
Commencement Information
I1Sch. 5 para. 6 in force at 12.4.2010, see art. 1(2)