Schedules Schedule 6: Permitted disclosures of information Part 2 - Appeals against decisions not to permit disclosures Initial appeals
Paragraph 9 defines ‘initial appeals’ as appeals to the relevant court against the Secretary of State’s decision not to permit a proposed disclosure. It sets out that in these appeals, the court must apply principles applicable on an application for a judicial review ((or, in Scotland, an application to the supervisory jurisdiction of the Court of Session), and gives the court the power to quash the Secretary of State’s original decision. It directs that if the court does so, it must order the Secretary of State to remake the decision within 60 days or any reasonable longer period that the court specifies. If the court does not quash the decision, it must dismiss the appeal.