Justice and Security Act 2013
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Change 1
18 Review of certification
(1) Where the Secretary of State has issued a certificate under section 17(3)(e) in relation to proceedings, any party to the proceedings may apply to the relevant court to set aside the decision on the ground in subsection (2). (2) That ground is that the Secretary of State ought not to have determined, in relation to the information specified or described in the certificate, that a disclosure by B as mentioned in section 17(4) would be contrary to the public interest. (3) In determining whether the decision to issue the certificate should be set aside on the ground in subsection (2), the relevant court must apply the principles which would be applied in judicial review proceedings. (4) Proceedings arising by virtue of this section are to be treated as section 6 proceedings for the purposes of sections 8 to 14. (5) Sections 8 to 14 apply in relation to proceedings treated as section 6 proceedings by subsection (4) as if— (a) the Secretary of State were the relevant person, and (b) the references to the interests of national security in sections 8, 11 and 13 were references to the interests of national security or the interests of the international relations of the United Kingdom. (6) In this section “relevant court” means— (a) if the court seised of the proceedings in relation to which the certificate has been issued is a county court, the High Court, (b) if the court seised of those proceedings is the sheriff, the Court of Session, and (c) in any other case, the court seised of those proceedings.
18 Review of certification
(1) Where the Secretary of State has issued a certificate under section 17(3)(e) in relation to proceedings, any party to the proceedings may apply to the relevant court to set aside the decision on the ground in subsection (2). (2) That ground is that the Secretary of State ought not to have determined, in relation to the information specified or described in the certificate, that a disclosure by B as mentioned in section 17(4) would be contrary to the public interest. (3) In determining whether the decision to issue the certificate should be set aside on the ground in subsection (2), the relevant court must apply the principles which would be applied in judicial review proceedings. (4) Proceedings arising by virtue of this section are to be treated as section 6 proceedings for the purposes of sections 8 to 14. (5) Sections 8 to 14 apply in relation to proceedings treated as section 6 proceedings by subsection (4) as if— (a) the Secretary of State were the relevant person, and (b) the references to the interests of national security in sections 8, 11 and 13 were references to the interests of national security or the interests of the international relations of the United Kingdom. (6) In this section “relevant court” means— (a) if the court seised of the proceedings in relation to which the certificate has been issued is a county court, the High Court, (b) if the court seised of those proceedings is the sheriff, the Court of Session, and (c) in any other case, the court seised of those proceedings.
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