The Civil Procedure (Amendment No. 3) Rules 2011

JurisdictionUK Non-devolved
CitationSI 2011/2970

2011 No. 2970 (L. 21)

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Procedure (Amendment No. 3) Rules 2011

Made 14th December 2011

Laid before Parliament 14th December 2011

Coming into force in accordance with rule 1

The Lord Chancellor makes the following Rules in exercise of the power conferred by paragraph 7 of Schedule 4 to the Terrorism Prevention and Investigation Measures Act 20111(“Schedule 4”) to make rules of court under section 1 of the Civil Procedure Act 19972and paragraphs 2 to 4 and 6 of Schedule 4.

Before making these Rules, the Lord Chancellor has consulted with the Lord Chief Justice of England and Wales in accordance with paragraph 7(2)(a) of Schedule 4.

Citation, commencement and interpretation

Citation, commencement and interpretation

S-1 These Rules may be cited as the Civil Procedure (Amendment No....

1. These Rules may be cited as the Civil Procedure (Amendment No. 3) Rules 2011 and shall come into force on the day after the day on which they are made.

S-2 In these Rules a reference to a Part or rule by number alone...

2. In these Rules a reference to a Part or rule by number alone means the Part or rule so numbered in the Civil Procedure Rules 19983.

Amendments to the Civil Procedure Rules 1998

Amendments to the Civil Procedure Rules 1998

S-3 In rule 1.2 (application by the court of the overriding...

3. In rule 1.2 (application by the court of the overriding objective), for “rules 76.2 and 79.2” substitute “rules 76.2, 79.2 and 80.2”.

S-4 After Part 79, insert Part 80 (Proceedings under the Terrorism...

4. After Part 79, insert Part 80 (Proceedings under the Terrorism Prevention and Investigation Measures Act 2011), as set out in the Schedule.

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

14th December 2011

SCHEDULE

Rule 4

SCHEDULE

Part 80

Proceedings under the Terrorism Prevention and Investigation Measures Act 2011

Contents of this Part

1 APPLICATION OF THIS PART

Scope and interpretation

80.1

Modification to the overriding objective

80.2

2 PERMISSION APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO TPIM NOTICES

Scope of this section

80.3

Application for permission to impose measures

80.4

Reference of measures imposed without permission

80.5

Directions for hearing on an application for permission or on a reference

80.6

Appeals under section 16 of the Act

80.7

Modification of Part 52 (appeals)

80.8

Notice of appeal

80.9

Time limit for appealing

80.10

Secretary of State’s reply

80.11

3 APPEALS TO THE COURT OF APPEAL

Modification of Part 52 (appeals)

80.12

4 GENERAL PROVISIONS

Scope of this section

80.13

Address for filing proceedings

80.14

Applications for anonymity

80.15

Notification of hearing

80.16

Hearings

80.17

Hearings in private

80.18

Appointment of a special advocate

80.19

Functions of a special advocate

80.20

Special advocate: communicating about proceedings

80.21

Modification of the general rules of evidence and disclosure

80.22

Filing and service of relevant material

80.23

Closed material

80.24

Consideration of Secretary of State’s objection or application

80.25

Order of filing and serving material and written submissions

80.26

Failure to comply with directions

80.27

Judgments

80.28

Application by Secretary of State for reconsideration of decision

80.29

Supply of court documents

80.30

Application of this Part

Scope and interpretation

This Part contains rules about—

TPIM proceedings in the High Court, and

appeals to the Court of Appeal against an order of the High Court in such proceedings.

In the case of proceedings brought by virtue of section 17(2) of the Act, the rules in this Part shall apply with any modification the court considers necessary.

In this Part—

“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;

“extension notice” means a notice issued under section 5(2) of the Act, extending a TPIM notice;

“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the Act;

“measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the Act);

“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;

“relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the Act;

“relevant party” means any party to the proceedings other than the Secretary of State;

“revival notice” means a notice issued under section 13(6) of the Act, reviving a TPIM notice;

“special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the Act;

“TPIM notice” has the same meaning as in section 2(1) of the Act;

“TPIM proceedings” has the same meaning as in section 30(1) of the Act;

“TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

“variation notice” means a notice issued under section 12(1)(c) of the Act, varying the TPIM notice without the individual’s consent.

For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Modification to the overriding objective

Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

The court must ensure that information is not disclosed contrary to the public interest.

Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.

Permission Applications, References and Appeals to the High Court Relating to TPIM Notices

Scope of this section

This section contains rules about—

applications under section 6(1)(b) of the Act (application for permission to impose measures);

references under paragraph 3(1) of Schedule 2 to the Act (reference of the imposition of measures imposed without permission); and

appeals to the High Court under section 16 of the Act (appeals relating to a TPIM notice).

Application for permission to impose measures

An application under section 6(1)(b) of the Act for permission to impose measures must be made by the Secretary of State filing with the court—

a statement of reasons to support the application;

any relevant material of which the Secretary of State is aware at that stage;

any written submissions; and

the proposed TPIM notice.

Reference of measures imposed without permission

A reference under paragraph 3(1) of Schedule 2 to the Act of the imposition of measures imposed without permission is made by the Secretary of State filing with the court—

a statement of reasons for imposing measures and for imposing the measures specified in the TPIM notice;

any relevant material of which the Secretary of State is aware at that stage;

any written submissions; and

the TPIM notice.

Directions for hearing on an application for permission or on a reference

If the court gives permission on an application under section 6(1)(b) of the Act or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the Act, the court must give directions for a directions hearing at which the TPIM subject, the TPIM subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.

In a case where permission is given (following an application under section 6(1)(b) of the Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject.

In a case where the TPIM notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice.

At the directions hearing, the court must give directions—

for a review hearing under section 9(1) of the Act; and

specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 80.26.

When giving directions under paragraph (4), the court must have regard to the need to expedite the review hearing.

(Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).

Appeals under section 16 of the Act

Rules 80.8 to 80.11 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice).

Modification of Part 52 (appeals)

Part 52 (appeals) applies to an appeal under section 16 of the Act, subject to—

rule 80.2;

the rules in section 4 of this Part; and

paragraphs (2) and (3).

The following rules do not apply to appeals under section 16 of the Act—

rule 52.3 (permission);

rule 52.4 (appellant’s notice);

rule 52.5 (respondent’s notice); and

rule 52.11 (hearing of appeals).

Rule 52.2 (all parties to comply with Practice Direction 52) applies, but the parties shall not be required to comply with paragraphs 5.6, 5.6A, 5.7, 5.9 and 5.10 of that Practice Direction.

Notice of appeal

The TPIM subject must give notice of appeal by—

filing a notice of appeal with the court; and

serving a copy of that notice and any accompanying documents on the Secretary of State.

The notice of appeal must—

set out the grounds of the appeal; and

state the...

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