Member

148A: After Clause 52, insert the following new Clause— “Appeals against decisions under section 50(1) A person may appeal to the Upper Tribunal against—(a) a confirmation decision given to the person under section 50;(b) a decision under section 50 to require the person to pay a penalty;(c) the amount of a penalty which the person is required to pay under section 50.(2) An appeal under this section must be brought before the end of the period of 28 days beginning with the day on which notice of the decision appealed against was given to the person, or within such longer period as the Upper Tribunal may allow.(3) The Upper Tribunal must determine an appeal under this section on the merits and by reference to the matters before it, and not by applying the principles that would be applied by a court on an application for judicial review.(4) On an appeal under this section the Upper Tribunal may—(a) confirm, vary or cancel the decision appealed against,(b) substitute for that decision any decision that the Secretary of State could have made, or(c) remit the matter to the Secretary of State with such directions as the Upper Tribunal considers appropriate.(5) Where an appeal is brought under subsection (1)(b) or (c), the requirement to pay the penalty is suspended until the appeal is determined, withdrawn or abandoned.(6) Tribunal Procedure Rules must make provision, for the purposes of proceedings under this section, about—(a) securing that information is not disclosed where disclosure would be contrary to the interests of national security,(b) the holding of proceedings, or of parts of proceedings, in the absence of a party or a party’s legal representative, and(c) the appointment of a person to represent the interests of a party in proceedings, or parts of proceedings, from which that party and that party’s legal representative are excluded.(7) Nothing in this section affects any right to apply for judicial review.”Member’s explanatory statement This new clause would provide a right of appeal to the Upper Tribunal, on the merits, against a confirmation decision or a financial penalty imposed under section 50, with provision for the protection of national security material. It implements the recommendation of the Constitution Committee in its 3rd Report.