Screening of Third Country Transactions Act 2023
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Screening decision | ||
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16. (1) The Minister shall, having reviewed a transaction under this Act, make a decision (in this Act referred to as a “screening decision”) as to whether or not the transaction affects, or would be likely to affect, the security or public order of the State. | ||
(2) The Minister shall inform the parties to a transaction, by notice in writing, of the screening decision as soon as practicable after it is made and shall, subject to subsection (5), provide reasons for the decision. | ||
(3) Subject to section 20 , the Minister shall make a screening decision on or before the later of— | ||
(a) 90 days from the date on which the screening notice in relation to the transaction is issued, or | ||
(b) such date, not being more than 135 days from the date on which the screening notice in relation to the transaction is issued, as the Minister may specify in a notice in writing to the parties to the transaction within the period referred to in paragraph (a). | ||
(4) Subject to section 20 , where the Minister does not make a screening decision within the period applicable to the transaction under subsection (3), the transaction shall be deemed, on and from the last day of that period, to be subject to a screening decision to the effect that it has not affected, or would not be likely to affect, the security or public order of the State. | ||
(5) Where the Minister believes that providing reasons for a screening decision would create a risk to the security or public order of the State, the Minister— | ||
(a) may decide not to provide the parties with such reasons, to the extent necessary in order to avoid or minimise such risk, and | ||
(b) shall include in the notice referred to in subsection (2) a statement that the Minister is declining, under this subsection, to give reasons for the decision. | ||
(6) The Minister shall not delegate the functions under subsection (1) or (5) to any other person other than where the Minister is unable to carry out such functions through illness or absence. |