PART VIIIEXCEPTIONS

Effect of certificates by Secretary of State80

1

This Article applies where in any proceedings—

a

a person claims that an act discriminated against him in contravention of any provision of Parts III to V; and

b

the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying—

i

that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and

ii

that the doing of the act was justified by that purpose.

2

The claimant may, in accordance with rules under section 91 of the [1998 c. 47.] Northern Ireland Act 1998, appeal against the certificate to the tribunal established under that section.

3

If on an appeal under paragraph (2) that tribunal determines—

a

that the act specified in the certificate was done for the certified purpose; and

b

that the doing of the act was justified by that purpose,

the tribunal shall uphold the certificate; in any other case, the tribunal shall quash the certificate.

4

If—

a

the claimant does not appeal against the certificate; or

b

the certificate is upheld on appeal,

the certificate shall be conclusive evidence of the matters certified by it.

5

Sections 91 and 92 of the [1998 c. 47] Northern Ireland Act 1998 shall apply in relation to appeals under this Article as they apply in relation to appeals under section 90 of that Act.

6

In this Article—

  • “claim” includes complaint; and

  • “claimant” includes complainant.