16.These sections set out the route by which an organisation which thinks it should not be proscribed, or an affected individual, may seek a remedy. The first step is to ask the Secretary of State to deproscribe; the Secretary of State will be obliged to consider such applications within a period of time specified in regulations to be made under subsection (3) of section 4. If the Secretary of State refuses to deproscribe, then the organisation or individual may appeal to POAC as set out in section 5 and Schedule 3.
17.The grounds on which POAC will allow an appeal are set out in subsection (3) of section 5. The reference to “the principles applicable on an application for judicial review” allows that once the Human Rights Act 1998 (c. 42) is fully in force, it will be possible for an appellant to raise points concerning those rights under the European Convention on Human Rights which are “Convention rights” under the 1998 Act.
18.Subsections (4)–(5) of section 5 deal with the consequences of an appeal to POAC being successful. Where POAC makes an order, this has the effect of requiring the Secretary of State either to lay a draft deproscription order before Parliament or to make a deproscription order on the basis of the urgency procedure (see below).
19.Section 6 allows a further appeal from a decision of POAC on a question of law.
Commentary Part Ii: Proscribed Organisations Sections 4–6: Deproscription: application and appeals