The Proscribed Organisations (Applications for Deproscription etc.) Regulations 2006

© Crown Copyright 2006

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"application" means an application under section 4(1) of the Act[3]; and

"organisation" means an organisation[a] listed in Schedule 2 to the Act[4].

Applications under section 4(1)(a) of the Act
     3. —(1) An application under section 4(1)(a) of the Act must be made in writing and must state—

(a) the name of the organisation to which the application relates;

(b) whether the application is being made by the organisation or by a person affected by the organisation's proscription; and

(c) the grounds on which the application is made.

    (2) In the case of an application made by an organisation, the application must also state—

(a) the name and address of the person submitting the application; and

(b) the position which he holds in the organisation or his authority to act on behalf of the organisation.

    (3) In the case of an application made by a person affected by the organisation's proscription, the application must also state—

(a) the manner in which the applicant is so affected; and

(b) the applicant's name and address.

    (4) An application must be signed by the person referred to in paragraph (2)(a) or (3), as the case may be.

Applications under section 4(1)(b) of the Act
     4. —(1) An application under section 4(1)(b) of the Act must be made in writing and must state—

(a) the name which is to be treated by an order under section 3(6) of the Act[5] as another name of an organisation listed in Schedule 2 to the Act and to which the application relates;

(b) the name of the organisation so listed;

(c) whether the application is being made by the organisation or by a person affected by the treatment of the name referred to in sub-paragraph (a) as a name for the organisation referred to in sub-paragraph (b); and

(d) the grounds on which the application is being made.

    (2) In the case of an application made by an organisation, the application must also state—

(a) the name and address of the person submitting the application; and

(b) the position which he holds in the organisation or his authority to act on behalf of the organisation.

    (3) In the case of an application made by a person affected by the treatment of the name[b] referred to in paragraph (1)(a) as a name for the organisation referred to in paragraph (1)(b), the application must also state—

(a) the manner in which the applicant is so affected; and

(b) the applicant's name and address.

    (4) An application must be signed by the person referred to in paragraph (2)(a) or (3), as the case may be.

Address for sending or delivery
     5. An application must be sent or delivered to the Head of Counter Terrorism Policy, Crime Reduction and Community Safety Group, Home Office, 2 Marsham Street, London SW1P 4DF.

Change of address
     6. A person whose name and address are stated in the application in accordance with regulation 3(2)(a) or (3)(b) or 4(2)(a) or (3)(b), as the case may be, must inform the office-holder referred to in regulation 5 if his address changes.

Period of determination
     7. The Secretary of State must determine an application within a period of 90 days beginning with the day after the day on which he receives the application.

Refusal of application
     8. Where the Secretary of State refuses an application, he must as soon as practicable—

(a) inform the applicant of his refusal, and

(b) notify him of the procedures for appealing against the refusal to the Proscribed Organisations Appeal Commission.

Tony McNulty
Minister of State

Home Office
22nd August 2006

[2] S.I. 2001/107.back

[3] Section 4(1) was substituted by section 22(3) of the Terrorism Act 2006 (c.11).back

[4] Schedule 2 has been amended by S.I. 2001/1261, S.I. 2002/2724, S.I. 2005/2895 and S.I. 2006/2016.back

[5] Section 3(6) was inserted by section 22(2) of the Terrorism Act 2006.back