Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/148

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Terrorism Act 2000
c. 11143

Sch. 13

(a) Part V of the 1991 c. 24.Northern Ireland (Emergency Provisions) Act 1991 (private security services), and
(b) Part V of the 1996 c. 22.Northern Ireland (Emergency Provisions) Act 1996 (private security services).

Duration of licence

8.—(1) A licence—

(a) shall come into force at the beginning of the day on which it is issued, and
(b) subject to sub-paragraph (2), shall expire at the end of the period of 12 months beginning with that day.

(2) Where a licence is issued to a person who already holds a licence, the new licence shall expire at the end of the period of 12 months beginning with the day after the day on which the current licence expires.

(3) The Secretary of State may by order substitute a period exceeding 12 months for the period for the time being specified in sub-paragraphs (1)(b) and (2).

Revocation of licence

9.—(1) The Secretary of State may revoke a licence if satisfied that—

(a) an organisation within paragraph 7(4) would be likely to benefit from the licence remaining in force,
(b) the holder of the licence has persistently failed to comply with the requirements of this Schedule, or
(c) the holder of the licence has failed to comply with a condition imposed under paragraph 7(2).

(2) The Secretary of State shall not revoke a licence unless the holder—

(a) has been notified of the Secretary of State’s intention to revoke the licence, and
(b) has been given a reasonable opportunity to make representations to the Secretary of State.

(3) If the Secretary of State revokes a licence he shall notify the holder immediately.

(4) Sub-paragraphs (5) and (6) of paragraph 7 shall apply for the purposes of this paragraph.

Appeal

10. The applicant for a licence may appeal to the High Court if—

(a) the application is refused,
(b) a condition is imposed on the grant of the licence, or
(c) the licence is revoked.

11.—(1) Where an appeal is brought under paragraph 10, the Secretary of State may issue a certificate that the decision to which the appeal relates—

(a) was taken for the purpose of preventing benefit from accruing to an organisation which was proscribed or which appeared to the Secretary of State to be closely associated with an organisation which was proscribed, and
(b) was justified by that purpose.