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.
