Judgment Approved by the court for handing down. Davis & Ors v SSHD is authorisation by an independent administrative body, that body would have to be appointed after the passing of the new Act and be ready to start work by the time it comes into effect. All this would, we think, take longer than five months. 122. 123. We will make an order disapplying s 1 of DRIPA to the extent that it permits access to retained data which is inconsistent with EU law in the two respects set out in our declaration, but suspend that order until 31 March 2016. The order will be that s 1 is disapplied after that date: (a) in so far as access to and use of communications data retained pursuant to a retention notice is permitted for purposes other than the prevention and detection of serious offences or the conduct of criminal prosecutions relating to such offences; and (b) in so far as access to the data is not made dependent on a prior review by a court or an independent administrative body whose decision limits access to and use of the data to what is strictly necessary for the purpose of attaining the objective pursued. In their submissions on remedy following receipt of our draft judgment counsel for the Defendant raised for the first time the question of whether access to retained data for national security reasons is within the scope of EU law. This was not raised in the oral or written arguments previously addressed to us and we decline to allow it to be raised at this late stage. Whether national security cases should have different provisions for authorisation of access to communications data will no doubt be the subject of careful thought when the new legislation is being drafted. Costs 124. Counsel and solicitors acting for Mr Davis and Mr Watson, to their very great credit, have acted pro bono, and pursuant to an agreement reached with the Government Legal Department they do not seek a pro bono costs order. In their case, therefore, there will be no order as to costs. Mr Brice and Mr Lewis are legally aided: it is accepted that in their case the Defendant must pay their costs, with the usual order for detailed legal aid assessment. The interveners will bear their own costs in accordance with the terms of the orders allowing them to intervene. Permission to appeal 125. The Secretary of State seeks permission to appeal. Plainly the public importance of the case justifies the grant of permission, as the Claimants accept. We are prepared to grant permission subject to the condition in the case of Mr Davis and Mr Watson, who do not have the protection of a legal aid certificate, that the Defendant shall not be entitled to seek an order against them for costs either in this court or on appeal. 126. We express our gratitude to leading and junior counsel and solicitors for all parties for the exemplary assistance we have received in this case.

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