ch3600c12a
02-12-00 01:17:23
c. 36
34
ACT
Unit: PAG1
Rev RA Proof, 29.11.2000
Freedom of Information Act 2000
Part V
(a) the High Court of Justice in England if the address of the public
authority is in England or Wales,
(b) the Court of Session if that address is in Scotland, and
(c) the High Court of Justice in Northern Ireland if that address is
in Northern Ireland.
Appeals against
national security
certificate.
60.—(1) Where a certificate under section 23(2) or 24(3) has been
issued—
(a) the Commissioner, or
(b) any applicant whose request for information is affected by the
issue of the certificate,
may appeal to the Tribunal against the certificate.
(2) If on an appeal under subsection (1) relating to a certificate under
section 23(2), the Tribunal finds that the information referred to in the
certificate was not exempt information by virtue of section 23(1), the
Tribunal may allow the appeal and quash the certificate.
(3) If on an appeal under subsection (1) relating to a certificate under
section 24(3), the Tribunal finds that, applying the principles applied by
the court on an application for judicial review, the Minister did not have
reasonable grounds for issuing the certificate, the Tribunal may allow the
appeal and quash the certificate.
(4) Where in any proceedings under this Act it is claimed by a public
authority that a certificate under section 24(3) which identifies the
information to which it applies by means of a general description applies
to particular information, any other party to the proceedings may appeal
to the Tribunal on the ground that the certificate does not apply to the
information in question and, subject to any determination under
subsection (5), the certificate shall be conclusively presumed so to apply.
(5) On any appeal under subsection (4), the Tribunal may determine
that the certificate does not so apply.
Appeal
proceedings.
1998 c. 29.
61.—(1) Schedule 4 (which contains amendments of Schedule 6 to the
Data Protection Act 1998 relating to appeal proceedings) has effect.
(2) Accordingly, the provisions of Schedule 6 to the Data Protection
Act 1998 have effect (so far as applicable) in relation to appeals under
this Part.
Part VI
Historical records and records in Public Record Office or
Public Record Office of Northern Ireland
Interpretation of
Part VI.
62.—(1) For the purposes of this Part, a record becomes a “historical
record” at the end of the period of thirty years beginning with the year
following that in which it was created.
(2) Where records created at different dates are for administrative
purposes kept together in one file or other assembly, all the records in that
file or other assembly are to be treated for the purposes of this Part as
having been created when the latest of those records was created.
(3) In this Part “year” means a calendar year.
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