- (5) The Lord Advocate, in solemn proceedings, and the prosecutor, in summary proceedings, may appeal to the High Court against any decision by a court to refuse an application under subsection (1) above; and on any such appeal the High Court may make such order as it considers appropriate.
- (6) The person against whom a non-harassment order made, or the prosecutor at whose instance the order is made, may apply to the court which made the order for its revocation or variation and, in relation to any such application the court concerned may, if it is satisfied on a balance of probabilities that it is appropriate to do so, revoke the order or vary it in such manner as it thinks fit, but not so as to increase the period for which the order is to run.
- (7) For the purposes of this section “harassment” shall be construed in accordance with section 8 of the Protection from Harassment Act 1997.”.
General
National security, etc. 12.—(1) If the Secretary of State certifies that in his opinion anything done by a specified person on a specified occasion related to—
- (a) national security,
- (b) the economic well-being of the United Kingdom, or
- (c) the prevention or detection of serious crime,
and was done on behalf of the Crown, the certificate is conclusive evidence that this Act does not apply to any conduct of that person on that occasion.
(2) In subsection (1), “specified” means specified in the certificate in question.
(3) A document purporting to be a certificate under subsection (1) is to be received in evidence and, unless the contrary is proved, be treated as being such a certificate.
Corresponding provision for Northern Ireland.
1974 c. 28.
13. An Order in Council made under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 which contains a statement that it is made only for purposes corresponding to those of sections 1 to 7 and 12 of this Act—
- (a) shall not be subject to sub-paragraphs (4) and (5) of paragraph 1 of that Schedule (affirmative resolution of both Houses of Parliament), but
- (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Extent. 14.—(1) Sections 1 to 7 extend to England and Wales only.
(2) Sections 8 to 11 extend to Scotland only.
(3) This Act (except section 13) does not extend to Northern Ireland.
