Proscribed Organisations Appeal Commission (Procedure) Rules 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/443 |
| Year | 2001 |
2001 No. 443
PREVENTION AND SUPPRESSION OF TERRORISM
The Proscribed Organisations Appeal Commission (Procedure) Rules 2001
Made 16th February 2001
Coming into force 19th February 2001
The Lord Chancellor, in exercise of the powers conferred by paragraph 5 of Schedule 3 to the Terrorism Act 20001and having had regard to paragraph 5(2) of that Schedule, makes the following Rules of which a draft has, in accordance with paragraph 5(5) of that Schedule, been laid before and approved by resolution of each House of Parliament—
PART I
GENERAL PROVISIONS
Citation and commencement
1. These rules may be cited as the Proscribed Organisations Appeal Commission (Procedure) Rules 2001 and shall come into force on 19th February 2001.
Interpretation
2.—(1) In these Rules—
“the 2000 Act” means the Terrorism Act 2000;
“the chairman” means the chairman of the Commission;
“the Commission” means the Proscribed Organisations Appeal Commission;
“designated person” means the person designated by the Commission under rule 9(1)(a); and
“the special advocate” means a person appointed under paragraph 7 of Schedule 3 to the 2000 Act to represent the interests of the appellant.
(2) Except in rules 8, 10(1) and 20 and except in relation to the first reference to it in rule 10(4), “appellant” includes the designated person.
General duty of Commission
3.—(1) When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is contrary to the public interest.
(2) Where the Rules require information not to be disclosed contrary to the public interest, the requirement shall be construed in accordance with paragraph (1).
(3) Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to review decisions.
Delegated powers
4.—(1) The powers of the Commission under the following provisions may be exercised by the chairman or by any other member of the Commission who falls within paragraph 4(3)(b) of Schedule 3 to the 2000 Act—
(a)
(a) rule 13(2) and (4) (amendment and supplementary grounds);
(b)
(b) rule 15 (directions);
(c)
(c) rule 27 (application for permission to appeal).
(2) Instead of exercising a power under paragraph (1), the chairman or member may remit the matter to be dealt with by the Commission.
(3) Where the chairman or member exercises any power of the Commission, references to the Commission in the Rules shall as appropriate include references to him.
Notices etc.
5.—(1) Any notice or other document required or authorised by these Rules to be served on or sent to any party or the Commission may be sent by first class post, or by fax or be delivered by hand, and in the case of—
(a)
(a) the Commission, shall be directed to the Secretary to the Commission; and
(b)
(b) the Secretary of State, shall be directed to the Organised and International Crime Directorate of the Home Office.
(2) The appellant must inform the Commission if an address given under rule 8(5) or (7) changes.
PART II
APPEALS
Application of Part II
6.—(1) This Part applies to appeals brought under section 5 of the 2000 Act and proceedings under section 7(1)(a) of the Human Rights Act 19982, where rules within the meaning of section 7 of that Act provide for such proceedings to be brought before the Commission.
(2) A reference in this Part to an appeal is a reference to an appeal under section 5 of the 2000 Act or proceedings under section 7(1)(a) of the Human Rights Act 1998 and where proceedings are brought under that Act a reference in this Part to a notice of appeal is a reference to a notice of proceedings.
Time limit for appealing
7.—(1) Subject to paragraph (3) a notice of appeal must be served on the Commission no later than 42 days from (but excluding) the day on which the Secretary of State refused to deproscribe an organisation.
(2) The notice of appeal shall be taken to have been served on the day on which it is received by the Commission at the address or fax number specified in the notice of the decision against which the appeal is made.
(3) The Commission may accept a notice of appeal served after the expiry of the period permitted by paragraph (1) if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
Notice of appeal
8.—(1) An appeal to the Commission is made by serving written notice of appeal on the Commission.
(2) Where an organisation is the appellant, the notice must be given by a person who claims to be a member of the organisation or any legal representative of the organisation.
(3) Where a person other than an organisation is the appellant, the notice must be given by him or by his representative.
(4) The notice of appeal must set out the grounds for the appeal and where proceedings are brought under section 7(1)(a) of the Human Rights Act 1998, the notice of appeal must give details of the Convention right which is alleged has been infringed.
(5) Where an organisation is the appellant, the notice of appeal must state the name of the organisation, the name and address of the person giving the notice and, where the organisation’s legal representative is not the person giving the notice, the name and address of any legal representative of the organisation.
(6) Notice of appeal in a case within paragraph (5) must be signed by the person giving the notice or the organisation’s legal representative.
(7) Where a person other than an organisation is the appellant, the notice of appeal must state his name and address and that of any representative of his.
(8) Notice of appeal in a case within paragraph (7) must be signed by the appellant or his representative.
(9) The person giving the notice must attach to the notice a copy of the document which informed the appellant of the decision being appealed.
(10) As soon as practicable after it receives a notice of appeal, the Commission shall send—
(a)
(a) an acknowledgement of service of the notice of appeal to the person giving the notice; and
(b)
(b) a copy of the notice of appeal to the Secretary of State.
Designated persons
9.—(1) As soon as practicable after it has received a notice of appeal by an organisation, the Commission shall—
(a)
(a) designate a person to conduct the proceedings on behalf of the organisation; and
(b)
(b) send that person a copy of the notice of appeal.
(2) The Commission shall give written notice to the Secretary of State of the name and address of the designated person.
The special advocate
10.—(1) On receiving a copy of the notice of appeal, the Secretary of State shall inform the relevant law officer of the proceedings before the Commission, with a view to the law officer, if he thinks fit to do so, appointing a special advocate to represent the interests of the appellant in the proceedings.
(2) Paragraph (1) applies unless—
(a)
(a) the Secretary of State does not intend to oppose the appeal, or
(b)
(b) he does not intend to object to the disclosure of material to the appellant.
(3) If at any stage in proceedings before the Commission, paragraph (2)(b) ceases to apply, the Secretary of State shall immediately notify the relevant law officer as in paragraph (1).
(4) The function of the special advocate is to represent the interests of the appellant by—
(a)
(a) making submissions to the Commission in any proceedings from which the appellant and his representative are excluded;
(b)
(b) cross-examining witnesses at any such proceedings;
(c)
(c) making submissions to the Commission in any part of the proceedings from which the appellant and his representative are not excluded but only where exceptionally invited by the Commission to do so; and
(d)
(d) making written submissions to the Commission.
(5) The Commission shall not invite the special advocate to make submissions in any part of the proceedings from which the appellant and his representative are not excluded unless the submission relates to a part of the proceedings from which the appellant and his representative were excluded.
(6) Except in accordance with paragraphs (7) to (10), the special advocate may not communicate directly or indirectly with the appellant or his representative on, or in relation to, any matter connected with the substance of the appeal before the Commission or the material made available by the Secretary of State in relation to that appeal.
(7) The special advocate may communicate with the appellant and his representative at any time before the Secretary of State makes material available to him under rule 11(3).
(8) At any time after the Secretary of State has made material available under rule 11(3), the special advocate may seek directions from the Commission authorising him to seek information in connection with the proceedings from the appellant or his representative.
(9) The Commission shall notify the Secretary of State of a request for directions under paragraph (8) and the Secretary of State must, within a period specified by the Commission, give the Commission notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
(10) Where the Secretary of State makes an objection under paragraph (9), rule 12 shall apply as appropriate.
Secretary of State’s reply
11.—(1) If the Secretary of State intends to oppose the appeal, he must within such time as the Commission may allow—
(a)
(a) provide the Commission with a summary of the facts relating to the decision being appealed and the reasons for that decision;
(b...
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