9.11.2017 A & Ors v Secretary of State for the Home Department [2004] EWCA Civ 1123 (11 August 2004) (b) the Secretary of State notifies the Commission that in his opinion the further appeal is confined to calling into question one or more derogation matters within the meaning of section 30 of this Act. (4) For the purpose of the application of section 26(2) and (3) of this Act the determination by the Commission of the appeal or review in connection with which the further appeal is brought shall be treated as a final determination. … (9) Cancellation by the Commission of a certificate issued under section 21 shall not prevent the Secretary of State from issuing another certificate, whether on the grounds of a change of circumstance or otherwise. … 28(1) The Secretary of State shall appoint a person to review the operation of sections 21 to 23. (2) The person appointed under subsection (1) shall review the operation of those sections not later than(a) the expiry of the period of 14 months beginning with the day on which this Act is passed; (b) one month before the expiry of a period specified in accordance with section 29(2)(b) or (c). (3) Where that person conducts a review under subsection (2) he shall send a report to the Secretary of State as soon as is reasonably practicable. (4) Where the Secretary of State receives a report under subsection (3) he shall lay a copy of it before Parliament as soon as is reasonably practicable. … 29(1) Sections 21 to 23 shall, subject to the following provisions of this section, expire at the end of the period of 15 months beginning with the day on which this Act is passed. (2) The Secretary of State may by order(a) repeal sections 21 to 23; (b) revive those sections for a period not exceeding one year; (c) provide that those sections shall not expire in accordance with subsection (1) or an order under paragraph (b) or this paragraph, but shall continue in force for a period not exceeding one year. (3) An order under subsection (2)(a) must be made by statutory instrument, and (b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament. (4) An order may be made without compliance with subsection (3)(b) if it contains a declaration by the Secretary of State that by reason of urgency it is necessary to make the order without laying a draft before Parliament; in which case the orderhttp://www.bailii.org/ew/cases/EWCA/Civ/2004/1123.html 38/113

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