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Change 1
As published
33D Removal of designation: appeal
(1) Where an application under section 33C is refused, the applicant may appeal to the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000 (referred to in this Part as “the Commission”).
(2) The Commission must allow an appeal against a refusal to remove the designation of a body or to remove an alternative name included in the designation of a body 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.
(3) Where the Commission allows an appeal under this section, it must make an order under this subsection.
(4) Where an order is made under subsection (3) in respect of an appeal against a refusal to remove the designation of a body, the Secretary of State must as soon as is reasonably practicable—
(a) lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the designation of the body, or
(b) make regulations under that section removing the designation of the body in accordance with section 96(6A).
(5) Where an order is made under subsection (3) in respect of an appeal against a refusal to remove an alternative name from a designation of a body, the Secretary of State must, as soon as is reasonably practicable—
(a) lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the alternative name from the designation, or
(b) make regulations under that section removing the alternative name from the designation in accordance with section 96(6A).
Your change, as a redline
33D Removal of designation: appeal
(1) Where an application under section 33C is refused, the applicant may appeal to the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000 (referred to in this Part as “the Commission”).
(2) The Commission must allow an appeal against a refusal to remove the designation of a body or to remove an alternative name included in the designation of a body 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.
(3) Where the Commission allows an appeal under this section, it must make an order under this subsection.
(4) Where an order is made under subsection (3) in respect of an appeal against a refusal to remove the designation of a body, the Secretary of State must as soon as is reasonably practicable—
(a) lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the designation of the body, or
(b) make regulations under that section removing the designation of the body in accordance with section 96(6A).
(5) Where an order is made under subsection (3) in respect of an appeal against a refusal to remove an alternative name from a designation of a body, the Secretary of State must, as soon as is reasonably practicable—
(a) lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the alternative name from the designation, or
(b) make regulations under that section removing the alternative name from the designation in accordance with section 96(6A).
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