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PART II |
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PROSCRIBED ORGANISATIONS |
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Procedure |
| Proscription. |
3. - (1) For the purposes of this Act an organisation is proscribed if-
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(a) it is listed in Schedule 2, or |
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(b) it operates under the same name as an organisation listed in that Schedule. |
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(2) Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule.
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(3) The Secretary of State may by order-
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(a) add an organisation to Schedule 2; |
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(b) remove an organisation from that Schedule; |
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(c) amend that Schedule in some other way. |
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(4) The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism.
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(5) For the purposes of subsection (4) an organisation is concerned in terrorism if it-
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(a) commits or participates in acts of terrorism, |
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(b) prepares for terrorism, |
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(c) promotes or encourages terrorism, or |
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(d) is otherwise concerned in terrorism. |
| Deproscription: application. |
4. - (1) An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2.
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(2) An application may be made by-
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(b) any person affected by the organisation's proscription. |
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(3) The Secretary of State shall make regulations prescribing the procedure for applications under this section.
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(4) The regulations shall, in particular-
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(a) require the Secretary of State to determine an application within a specified period of time, and |
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(b) require an application to state the grounds on which it is made. |
| Deproscription: appeal. |
5. - (1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.
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(2) Where an application under section 4 has been refused, the applicant may appeal to the Commission.
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(3) The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.
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(4) Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection.
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(5) Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable-
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(a) lay before Parliament, in accordance with section 122(3), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or |
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(b) make an order removing the organisation from the list in Schedule 2 in pursuance of section 122(4). |
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(6) Schedule 3 (constitution of the Commission and procedure) shall have effect.
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| Further appeal. |
6. - (1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to-
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(a) the Court of Appeal, if the first appeal was heard in England and Wales, |
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(b) the Court of Session, if the first appeal was heard in Scotland, or |
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(c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland. |
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(2) An appeal under subsection (1) may be brought only with the permission-
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(a) of the Commission, or |
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(b) where the Commission refuses permission, of the court to which the appeal would be brought. |
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(3) An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords).
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