Part VIII Miscellaneous

Discrimination: certificates by Secretary of State

90 Effect of certificates.

1

This section applies where in any proceedings—

a

a person claims that an act discriminated against him in contravention of section 24 or 76; 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 F1made under section 91 , appeal against the certificate to the Tribunal, that is to say, the tribunal established under section 91.

3

If on an appeal under subsection (2) the 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

In this section “act” does not include the making, confirmation or approval of a provision of subordinate legislation.