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The Rules of the Supreme Court (Northern Ireland) (Revision) 1980

Type Ni-Statutory-Rule

Publication 1980-10-01

Last updated 2025-07-11

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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(b) may not rely on closed material at a hearing on notice unless a special advocate has been appointed to represent the interests of the relevant party.

(2) The Secretary of State must lodge with the Court and serve, at such time as the Court directs, on the special advocate –

(a) the closed material;

(b) a statement of his reasons for withholding that material from the relevant party; and

(c) if he considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State may at any time amend or supplement material lodged under this rule, but only with –

(a) the agreement of the special advocate; or

(b) the leave of the Court.

Consideration of Secretary of State’s objection

32

(1) This rule applies where the Secretary of State has –

(a) objected under rule 28(5)(b) of this Order to a proposed communication by the special advocate; or

(b) applied under rule 31 of this Order for leave to withhold closed material.

(2) The Court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless –

(a) the special advocate gives notice to the Court that he does not challenge the objection or application;

(b) the Court has previously considered –

(i) an objection under rule 28(5)(b) of this Order in relation to the proposed communication of an objection under paragraph (1)(a) above or a substantially similar communication, or

(ii) an application under rule 31(1) of this Order for leave to withhold the same or substantially the same material, and

is satisfied that it would be just to uphold that objection or to give leave without a hearing; or

(3) If the special advocate does not challenge the objection or the application, he must give notice of that fact to the Court and the Secretary of State within 14 days, or such other period as the Court may direct, after the Secretary of State serves on him a notice under rule 28(5)(b) of this Order or material under rule 31(2) of this Order.

(4) Where the Court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing lodge with the Court a schedule identifying the issues which cannot be agreed between them, which must –

(a) list the items or issues in dispute;

(b) give brief reasons for their contentions on each; and

(5) A hearing under this rule shall take place in the absence of the relevant party and his legal representative.

(6) Where the Court gives leave to the Secretary of State to withhold closed material, the Court must –

(a) consider whether to direct the Secretary of State to serve a summary of that material on the relevant party or his legal representative; but

(b) ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.

(7) Where the Court has not given leave to the Secretary of State to withhold closed material from, or has directed the Secretary of State to serve a summary of that material on, a relevant party or his legal representative –

(a) the Secretary of State shall not be required to serve that material or summary; but

(b) if he does not do so, at a hearing on notice the Court may –

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter be withdrawn from its consideration, and

(ii) in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The Court must give leave to the Secretary of State to withhold closed material where it considers that the disclosure of that material would be contrary to the public interest.

Order for lodging and serving material and written submissions

33

(1) Subject to any directions given by the Court, the parties must lodge and serve any material and written submissions, and the special advocate must lodge and serve any written submissions, in the following order –

(a) the Secretary of State must lodge with the Court all relevant material;

(b) the Secretary of State must serve on –

(i) the relevant party or his legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing him, any open material;

(c) the relevant party must lodge with the Court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing him any written evidence which he wishes the Court to take into account at the hearing;

(d) the Secretary of State must lodge with the Court any further relevant material;

(e) the Secretary of State must serve on –

(i) the relevant party of his legal representative, and

(ii) the special advocate (as soon as one is appointed) or those instructing him,

any open material lodged with the Court under paragraph (d);

(f) the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g) the parties and the special advocate (if one has been appointed) must lodge and serve any written submissions as directed by the Court.

(2) Rules 31 and 32 of this Order apply where any closed material is lodged by the Secretary of State.

Failure to comply with directions

34

(1) Where a party or the special advocate fails to comply with a direction of the Court, the Court may serve on him a notice which states –

(a) the respect in which he has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the Court may proceed to determine the proceedings before it, on the material available to it, if the party or the special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the Court may proceed in accordance with paragraph (1)(c).

Judgments

35

(1) When the Court gives judgment in any proceedings to which this Order applies, it may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the Court does not include the full reasons for its decision, the Court must serve on the Secretary of State and the special advocate a separate written judgment including those reasons.

Application by Secretary of State for reconsideration of decision

36

(1) This rule applies where the Court proposes, in any proceedings to which this Order applies, to serve notice on a relevant party of any –

(a) order or direction made or given in the absence of the Secretary of State; or

(b) any judgement.

(2) Before the Court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(3) The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the Court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if he considers that –

(a) his compliance with the order or direction; or

(b) the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

(4) Where the Secretary of State makes an application under paragraph (3), he must at the same time serve a copy of it on the special advocate, if one has been appointed.

(5) Rule 32 of this Order (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The Court must not serve on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired.

Supply of Court documents

37

Unless the Court otherwise directs, Order 66, rules 3 to 5 shall not apply to proceedings under this Order.]

[ ORDER 116B — COUNTER-TERRORISM ACT 2008, PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010 AND PART 1 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018

PART I — PRELIMINARY

Application and interpretation

1

(1) [^f00856] This Order applies to—

(a) financial restrictions proceedings;

(aa) sanctions proceedings;

(b) appeals to the Court of Appeal against an order of the High Court in financial restrictions proceedings or sanctions proceedings; [[^f00857]...]

(ba) [^f00858] appeals relating to designations under the Terrorist Asset-Freezing etc. Act 2010; and]

(2) In this Order—

(a) “the [[^f00859] 2008] Act” means the Counter-Terrorism Act 2008[^f00860];

(aa) [^f00855] “the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;]

(ab) “the 2018 Act” means the Sanctions and Anti-Money Laundering Act 2018;

(ac) “appropriate Minister” means—

(i) in relation to a challenge to a decision of the Secretary of State, the Secretary of State;

(ii) in relation to a challenge to a decision of the Treasury, the Treasury;

(b) “financial restrictions decision” means a decision to which section 63(1) of the [(b) 2008 Act or section 27 of the 2010] Act applies;

(ba) “sanctions decision” means a decision to which section 38 of the 2018 Act applies;

(i) financial restrictions proceedings” within the meaning of section 65 of the 2008 Act; and

(ii) proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates];

(cza) “sanctions proceedings” means proceedings—

(i) on an application under section 38 of the 2018 Act, or

(ii) on a claim arising from any matter to which such an application relates;

(ca) [^f00861] “designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act;]

(d) “closed material” means—

(i) material, evidence or submissions to the Court upon which the appropriate Minister wishes to rely in proceedings;

(ii) material which adversely affects the appropriate Minister’s case or supports another party’s case; or

(iii) information which the appropriate Minister is required to lodge pursuant to an order under rule 10(7),

but which the appropriate Minister objects to disclosing to another party and that party’s legal representative;

(e) “legal representative” in relation to a party to proceedings other than the appropriate Minister does not include a special advocate;

(f) “material” means anything in which information of any description is recorded;

(g) “party” includes the appropriate Minister unless otherwise stated or unless the context otherwise requires;

(h) “special advocate” means a person appointed under section 68 of the [[^f00862] 2008 Act (including that section as applied by section 28(4) of the 2010 Act and section 40(1) of the 2018 Act)]; and

(i) “specially represented party” means a party, other than the appropriate Minister, whose interest a special advocate represents.

Modification to the overriding objective

2

(1) Where this Order applies, the overriding objective in Order 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).

(2) The Court will ensure that information is not disclosed contrary to the public interest.

(3) Without prejudice to paragraph (2), the Court will satisfy itself that the material available to it enables it to properly determine the proceedings.

PART II — APPLICATION TO SET ASIDE A FINANCIAL RESTRICTIONS DECISION UNDER THE 2008 ACT OR THE 2010 ACT OR A SANCTIONS DECISION UNDER THE 2018 ACT

Application of this Part

3

This Part applies to an application to set aside a financial restrictions decision [[^f00863] under section 63(2) of the 2008 Act or section 27(2) of the 2010 Act or a sanctions decision under section 38(2) of the 2018 Act].

Application to set aside

4

(1) An application to set aside a financial restrictions decision must be made by originating summons in Form 6 in Appendix A modified in accordance with rule 5(2).

(2) The originating summons must be supported by an affidavit setting out—

(a) the details of the financial restrictions decision or sanctions decision;

(b) details of how the plaintiff is affected by the financial restrictions decision or sanctions decision; and

(3) The plaintiff must lodge with the originating summons—

(a) a copy of —

(i) the written notice of the relevant financial restrictions decision or sanctions decision made by the appropriate Minister; or

(ii) where relevant, any direction, order or licence made under Schedule 7 to the [[^f00864] 2008] Act or any freezing order made under Part 2 of the Anti-Terrorism, Crime and Security Act 2001[^f00865]; and

(b) any evidence, including witness statements, on which the plaintiff relies at that stage.

Title and form of proceedings

5

(1) An originating summons under this Part of this Order shall be entitled in the matter of a decision by, as the case may be—

(a) the Treasury under section 63 of the Counter-Terrorism Act 2008 (application to set aside financial restrictions decision),

(b) the Treasury under section 27 of the Terrorist Asset-Freezing etc. Act 2010 (review of other decisions by the court),

(d) the Secretary of State under section 38 of the Sanctions and Anti-Money Laundering Act 2018,

and all subsequent documents in the matter shall be so entitled.

(2) In Form 6, the following paragraph shall be omitted—

If the defendant does not enter an appearance, such judgment may be given or order made against or in relation to him as the Court may think just and expedient.

Fixing of directions hearing date

6

(1) When the Court issues the originating summons it will fix a date for a directions hearing.

(2) Unless the Court directs otherwise, the directions hearing will be not less than 14 days but not more than 28 days after the date of issue of the originating summons.

Service of the originating summons and accompanying documents

7

The Court will—

(a) serve on the appropriate Minister and any special advocate (if one has been appointed)—

(i) the originating summons; and

(ii) the documents specified in rule 4(3); and

(b) send to all parties and any special advocate a notice of the directions hearing date (where such date is not endorsed on the originating summons).

Memorandum of appearance

8

Where a special advocate has been appointed, the appropriate Minister must serve on that special advocate a copy of the memorandum of appearance lodged under Order 12, rule 9.

Directions Hearing

9

At the directions hearing, the Court may give such directions as to the further conduct of the proceedings as it thinks necessary to secure the just, expeditious and economical disposal of the case, in particular—

(a) for the holding of a further hearing to determine the application;

(b) fixing a date, time and place for the further hearing at which the parties, their legal representatives (if any) and any special advocate can be present; and

(i) any response to the application to be lodged and served by the appropriate Minister under rule 10(1), (2) and (4);

(ii) any application to be made under rule 10(5);

(iii) any information to be lodged and served by the appropriate Minister pursuant to an order under rule 10(7);

(iv) any evidence to be lodged and served by the plaintiff under rule 11(1);

(v) any evidence to be lodged and served by the appropriate Minister under rule 11(2);

(vi) any application by the appropriate Minister under rule 10(3), (8) or 11(3); and

(vii) any further evidence, including witness statements, written submissions or skeleton arguments, to be lodged and served by the parties and any special advocate.

Response by the Treasury

10

(1) Where the appropriate Minister intends to oppose the application to set aside the financial restrictions decision or sanctions decision, the appropriate Minister must lodge with the Court —

(a) the grounds for contesting the application; and

(b) any relevant evidence of which the appropriate Minister is aware at that stage.

(2) Unless the appropriate Minister objects to the grounds and evidence in paragraph (1) being disclosed to the plaintiff and the plaintiff’s legal representative, the appropriate Minister must serve a copy of the grounds and evidence on the plaintiff at the same time as lodging the grounds.

(3) Where the appropriate Minister objects to the grounds and evidence in paragraph (1) being disclosed to the plaintiff and the plaintiff’s legal representative, the appropriate Minister must make an application in accordance with rule 30.

(4) Where a special advocate has been appointed, the appropriate Minister must serve on that special advocate a copy of the grounds and evidence lodged under paragraph (1).

(5) The plaintiff and any special advocate may apply to the Court for an order directing the Treasury to lodge and serve further information about the appropriate Minister’s grounds lodged under paragraph (1)(a).

(6) The application under paragraph (5) must set out—

(a) what information is sought; and

(b) why the information sought is necessary for the determination of the application to set aside the financial restrictions decision or sanctions decision.

(7) The Court may make an order on an application under paragraph (5) where it considers that the information sought is—

(a) necessary for the determination of the application to set aside the financial restrictions decision or sanctions decision; and

(b) may be provided without disproportionate cost, time or effort.

(8) Where the appropriate Minister objects to serving on the plaintiff and the plaintiff’s legal representative the information sought under paragraph (5), the appropriate Minister must make an application in accordance with rule 30.

Lodging and service of evidence

11

(1) Where the plaintiff wishes to rely on evidence in support of the application to set aside the financial restrictions decision or sanctions decision and—

(a) such evidence was not lodged with the Court with the originating summons; or

(b) such evidence was lodged with the Court with the originating summons but the plaintiff wishes to rely on further evidence,

the plaintiff must lodge and serve that evidence, including any witness statement, on the appropriate Minister and any special advocate.

(2) Where the plaintiff serves evidence in support of the application, the appropriate Minister must lodge and serve, subject to paragraph (3), any further evidence, including any witness statement, on the plaintiff and any special advocate.

(3) Where the appropriate Minister seeks to withhold disclosure of any closed material from the plaintiff and the plaintiff’s legal representative, the appropriate Minister must make an application in accordance with rule 30.

(4) The appropriate Minister must serve any closed material on the special advocate.

(5) The parties and, where relevant, any special advocate must lodge and serve any further evidence, including witness statements, written submissions or skeleton arguments as directed by the Court.

[ PART III — APPEALS

A. APPEAL TO THE HIGH COURT IN RESPECT OF DESIGNATIONS

Application and Modification of Order 55

12

(1) Order 55 Part II applies to an appeal to the High Court under section 26 of the 2010 Act (appeals to the court in relation to designations) in relation to designations and variations, revocation and renewal of those designations, subject to—

(a) rule 2;

(b) the rules in Part IV of this Order; and

(2) Order 55, rules 16 to 20 do not apply to appeals to the High Court under section 26 of the 2010 Act.

Notice of Motion

13

(1) The notice of motion must set out the details of—

(a) the interim or final designation;

(b) how the appellant is affected by the interim or final designation; and

(2) The appellant must file and serve the following documents with the notice of motion—

(a) a copy of the written notice of the interim or final designation; and

(b) any evidence, including witness statements in support of the [[^f00867] appeal].

(3) The notice of motion may not be amended without the leave of the High Court.

(4) The High Court may strike out the whole or part of a notice of motion where there is a compelling reason to do so.

B. APPEAL TO THE COURT OF APPEAL

Application and Modification of Order 59

14

(1) Order 59 applies to appeals to the Court of Appeal against orders of the High Court in financial restrictions proceedings and sanctions proceedings, and to appeals to the Court of Appeal in relation to designations under the 2010 Act, subject to—

(a) rule 2 of this Order;

(b) the rules in Part IV of this Order; and

(2) Order 59, rules 3(1), (4) and (5), 4, 5, 6(3) and (4), 11, 14 and 16 to 18 do not apply to appeals to the Court of Appeal against orders of the High Court in financial restrictions proceedings and sanctions proceedings, and to appeals to the Court of Appeal in relation to designations under the 2010 Act.

Leave to appeal

15

(1) A party who wishes to appeal against an order of the High Court in financial restrictions proceedings or sanctions proceedings requires leave to appeal to the Court of Appeal.

(2) An application for leave to appeal may be made—

(a) to the High Court at the hearing at which the decision to be appealed was made; or

(b) to the Court of Appeal in the notice of appeal.

(3) Where the High Court refuses an application for leave to appeal, a further application may be made to the Court of Appeal.

(4) Where the Court of Appeal, without a hearing, refuses leave to appeal, the person seeking leave may request the decision to be reconsidered at a hearing.

(5) A request under paragraph (4) must be lodged within 7 days after service of the notice that leave has been refused.

(6) Leave to appeal will only be given where—

(a) the Court considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

(7) An order giving leave may—

(a) limit the issues to be heard; and

(b) be made subject to conditions.

16

(1) A party who wishes to appeal against an order of the High Court in respect of a designation under the 2010 Act requires leave to appeal to the Court of Appeal from that court.

(2) Leave to appeal will only be given where—

(a) the Court of Appeal considers that the appeal would raise an important point of principle or practice; or

(b) there is some other compelling reason for the Court of Appeal to hear it.

Notice of appeal

17

(1) An appeal to the Court of Appeal under this Order shall be brought by motion, and the notice of motion in this Order shall be referred to as a notice of appeal.

(2) The provisions of Order 8 shall apply to a notice of appeal under this Order as they apply to a notice of motion.

Time limit for appealing

18

(1) The appellant in an appeal to the Court of Appeal under this Order must lodge the notice of appeal within—

(a) such period as may be directed by the High Court; or

(b) where the High Court makes no such direction, 21 days after the date of the decision of the High Court that the appellant wishes to appeal.

(2) Unless the Court of Appeal orders otherwise, a notice of appeal must be served on each respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days,

after it is lodged.

Service of notice of appeal on special advocate

19

The appellant must serve a copy of the notice of appeal on any special advocate (if one has been appointed).

Time limit for lodging the respondent’s notice

19A

(1) A respondent’s notice must be lodged within—

(a) such period as may be directed by the High Court; or

(b) where the Court makes no such direction, 14 days after the date in paragraph (2).

(2) The date referred to paragraph (1) is—

(a) the date the respondent is served with the notice of appeal where leave to appeal was given by the High Court;

(b) the date the respondent is served with notification that the Court of Appeal has given the appellant leave to appeal; or

(c) the date the respondent is served with notification that the application for leave to appeal and the appeal itself are to be heard together.

(3) Unless the Court of Appeal orders otherwise a respondent’s notice must be served on the appellant and any other respondent—

(a) as soon as practicable; and

(b) in any event not less than 7 days,

after it is lodged.

Striking out notices of appeal and setting aside or imposing conditions on leave to appeal

19B

(1) The Court of Appeal may—

(a) strike out the whole or part of a notice of appeal;

(b) set aside leave to appeal in whole or in part;

(2) The Court will only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which leave was given, he may not subsequently apply for an order that the Court exercise its powers under paragraph (1) (b) or (c).

(4) If the Court of Appeal—

(a) refuses an application for leave to appeal;

(b) strikes out a notice of appeal; or

and it considers that the application, the notice of appeal or the appeal is without merit, the Court’s order must record this fact.

Hearing of appeals

19C

(1) The provisions of this rule apply without prejudice to the generality of the provisions in Order 59, rule 10.

(2) Every appeal to the Court of Appeal under this Order will be limited to a review of the decision of the High Court unless the Court of Appeal considers that, in the circumstances of an individual appeal, it would be in the interests of justice to hold a re-hearing.

(3) Unless it orders otherwise, the Court of Appeal will not receive—

(a) oral evidence; or

(b) evidence which was not before the High Court.

(4) The Court of Appeal will allow an appeal where the decision of the High Court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings in the High Court.

(5) The Court of Appeal may exercise its powers in relation to the whole or part of an order of the High Court.]

PART IV — GENERAL PROVISIONS [ APPLICABLE TO PARTS II AND III OF THIS ORDER]

Scope of this Part

20

This Part applies to all proceedings specified in [[^f00869][[^f00870] Parts II and III of this Order.]]

Notification of hearing

21

Unless the Court orders otherwise, the Court will serve any notice of the date, time and place fixed for a hearing on—

(a) every party, whether or not a party is entitled to attend that hearing; and

(b) if one has been appointed for the purposes of the proceedings, the special advocate or those instructing the special advocate.

Hearings

22

(1) All [[^f00869] proceedings to which Parts II, III or this Part of this Order apply] must be determined at a hearing except where—

(a) the plaintiff withdraws the claim or application;

(b) the appropriate Minister consents to the claim or application being allowed;

(d) the respondent to the appeal consents to the appeal being allowed; or

(e) the parties agree to a determination without a hearing.

(2) Where the Court considers it necessary for a party other than the appropriate Minister and that party’s legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, the Court will—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the party and that party’s legal representative are excluded, in private but attended by a special advocate to represent the interests of the excluded party.

(3) The Court may otherwise conduct a hearing or part of a hearing in private if it considers that it is in the interests of justice or national security to do so.

(4) Subject to paragraphs (2) and (3) a hearing under this Order is to be in public.

Appointment of a special advocate

23

(1) Subject to paragraph (2), the appropriate Minister must immediately give notice of the proceedings to the Attorney General—

(a) upon being served with any originating summons or writ or notice of appeal; or

(b) where the appropriate Minister intends to lodge a notice of appeal,

in [[^f00871] proceedings to which Parts II, III or this Part of this Order apply].

(2) Paragraph (1) applies unless—

(a) the appropriate Minister does not intend to—

(i) oppose the claim, application or appeal; or

(ii) apply for leave to withhold closed material from a party and that party’s legal representative; or

(b) a special advocate has already been appointed to represent the interests of a party other than the appropriate Minister and that special advocate is not prevented from communicating with that party by virtue of rule 25.

(3) Where any [(a) proceedings to which Parts II, III or this Part of this Order apply] are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.

Function of a special advocate

24

The function of a special advocate is to represent the interests of a party other than the appropriate Minister by, for example—

(a) making submissions to the Court at any hearing from which the party and that party’s legal representative are excluded;

(b) adducing evidence and cross-examining witnesses at such a hearing;

(d) making written submissions to the Court.

Special advocate: communicating about proceedings

25

(1) The special advocate may communicate with the specially represented party or that party’s legal representative at any time before the appropriate Minister serves closed material on the special advocate.

(2) After the appropriate Minister serves closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or a direction of the Court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the Court, communicate about the proceedings with—

(a) the Court;

(b) the appropriate Minister and any persons acting for it;

(d) any other person, except for—

(i) the specially represented party and that party’s legal representative; and

(ii) any other party to the proceedings (other than the appropriate Minister ) and that party ’s legal representative,

with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the Court authorising the special advocate to communicate with the specially represented party or that party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the Court will notify the appropriate Minister of the request; and

(b) the appropriate Minister must, within a period specified by the Court, lodge and serve on the special advocate notice of any objection which it has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the specially represented party from communicating with the special advocate after the appropriate Minister has served closed material on the special advocate as mentioned in paragraph (1), but—

(a) that party may only communicate with the special advocate through a legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions given by the Court, except that the special advocate may without such directions send a written acknowledgment of receipt to the specially represented party’s legal representative.

Consideration of the Treasury’s objection

26

(1) Where the appropriate Minister objects under rule 25(5)(b) to a proposed communication by the special advocate the Court will fix a hearing for the appropriate Minister and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the Court that the special advocate does not challenge the objection;

(b) the Court—

(i) has previously considered an objection under rule 25(5)(b) to the same or substantially the same communication; and

(ii) is satisfied that it would be just to uphold or dismiss that objection without a hearing; or

(2) If the special advocate does not challenge the objection, the special advocate must give notice of that fact to the Court and to the appropriate Minister—

(a) within 14 days after the appropriate Minister serves on the special advocate a notice under rule 25(5)(b); or

(b) within such other period as the Court may direct.

(3) Where the Court fixes a hearing under paragraph (1)—

(a) the special advocate may lodge with the Court and serve on the appropriate Minister a reply to the appropriate Minister’s objection;

(b) the appropriate Minister may lodge with the Court and serve on the special advocate a response to the special advocate’s reply; and

(c) the appropriate Minister and the special advocate must lodge with the Court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the Court to resolve the issues in dispute.

(4) A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

Modification of the general rules of evidence and disclosure

27

(1) Order 24 (discovery and inspection of documents), Order 38 (evidence) and Order 39 (evidence by deposition), rules 1 and 2 do not apply to any [[^f00872] proceedings to which Parts II, III or this Part of this Order apply.]

(2) [[^f00872] Subject to the other rules in Parts II, III or this Part of this Order] and to any directions of the Court, the evidence of a witness may be given either—

(a) orally before the Court; or

(b) in a witness statement.

(3) The Court may also receive evidence in documentary or any other form.

(4) A party is entitled to adduce evidence and to cross-examine witnesses during any part of a hearing from which a party and that party’s legal representative are not excluded.

(4A) [^f00873] A special advocate is entitled to adduce evidence and to cross examine witnesses.]

(5) The Court may require a witness to give evidence on oath or by affirmation.

Search for, lodging of and service of material

28

(1) A party (the disclosing party) must—

(a) make a reasonable search for material relevant to the matters under consideration in the [[^f00872] proceedings to which Parts II, III or this Part of this Order apply]; and

(b) lodge and serve on the other party and any special advocate material other than closed material—

(i) on which the disclosing party relies;

(ii) which adversely affects the disclosing party’s case; [[^f00874] or]

[[^f00875]...]

(iv) which supports the other party’s case.

[[^f00876] [^f00875]...]]

(2) The factors relevant in deciding the reasonableness of a search under paragraph (1)(a) include—

(a) the amount of material involved;

(b) the nature and complexity of the proceedings;

(d) the ease and expense of retrieval of any material; and

(e) the significance of any material which is likely to be located during the search.

(3) The duty to search for, lodge and serve material under paragraph (1) continues until the [(a) proceedings to which Parts II, III or this Part of this Order apply] have been determined.

(4) Where material, other than closed material, to which the duty under paragraph (1) extends comes to a party’s attention before the [[^f00872] proceedings to which Parts II, III or this Part of this Order apply] have been determined, that party must immediately—

(a) lodge it with the Court;

(b) serve it on the other party; and

Redacted material

29

Where the appropriate Minister serves on another party any evidence (including a witness statement) or material which has been redacted on grounds other than those of legal professional privilege, the appropriate Minister must—

(a) notify the party that the evidence or material has been redacted and on what grounds it has been redacted;

(b) lodge the evidence or material with the Court in an unredacted form together with an explanation of the redaction.

Application to withhold closed material

30

(1) The appropriate Minister —

(a) must apply to the Court for leave to withhold closed material from another party and that party’s legal representative in accordance with this rule; and

(b) may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.

(2) The appropriate Minister must lodge with the Court and serve, at such time as the Court directs, on the special advocate—

(a) the closed material;

(b) a statement of the reasons for withholding that material from the specially represented party; and

(c) if the appropriate Minister considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.

(3) Where the appropriate Minister serves on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—

(a) the appropriate Minister must file with the Court the material in an unredacted form together with an explanation of the redactions; and

(b) the Court will give a direction to the appropriate Minister as to what may be redacted and what, if any, must be served on the special advocate in an unredacted form.

(4) the appropriate Minister may at any time amend or supplement material lodged under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the leave of the Court.

Consideration of the Treasury’s application

31

(1) Where the appropriate Minister applies in accordance with rule 30 for leave to withhold closed material the Court will fix a hearing for the appropriate Minister and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the Court that the special advocate does not challenge the application;

(b) the Court—

(i) has previously considered an application for leave to withhold the same or substantially the same material; and

(ii) is satisfied that it would be just to grant leave without a hearing; or

(2) If the special advocate does not challenge the application, the special advocate must give notice of that fact to the Court and to the appropriate Minister—

(a) within 14 days after the appropriate Minister serves on the special advocate the material under rule 30(2); or

(b) within such other period as the Court may direct.

(3) Where the Court fixes a hearing under paragraph (1)—

(a) the special advocate may lodge with the Court and serve on the appropriate Minister a reply to the appropriate Minister’s application;

(b) the appropriate Minister may lodge with the Court and serve on the special advocate a response to the special advocate’s reply; and

(c) the appropriate Minister and the special advocate must lodge with the Court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—

(i) give brief reasons for their contentions on each issue in dispute; and

(ii) set out any proposals for the Court to resolve the issues in dispute.

(4) A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

(5) The Court will grant leave to the appropriate Minister to withhold closed material where it considers that disclosure of that material would be contrary to the public interest.

(6) Where the Court grants leave to the appropriate Minister to withhold closed material, the Court will—

(a) consider whether to direct the appropriate Minister to serve a summary of that material on the specially represented party or that party’s legal representative; but

(b) ensure that such a summary does not contain material, the disclosure of which would be contrary to the public interest.

(7) Where the Court does not grant leave to the appropriate Minister to withhold closed material from, or directs the appropriate Minister to serve a summary of that material on, the specially represented party or that party’s legal representative—

(a) the appropriate Minister is not required to serve that material or summary; but

(b) if it does not do so, at a hearing on notice, the Court may—

(i) where it considers that the material or anything that is required to be summarised might adversely affect the appropriate Minister’s case or supports the case of the specially represented party, direct that the appropriate Minister must not rely on such material in its case, or must make such concessions or take such other steps, as the Court may specify; or

(ii) in any other case, direct that the appropriate Minister does not rely on the material or (as the case may be) on that which is required to be summarised.

Failure to comply with directions

32

(1) Where a party or special advocate fails to comply with a direction of the Court, the Court may serve on that party or the special advocate a notice which states—

(a) the respect in which that party or special advocate has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the Court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the Court may proceed in accordance with paragraph (1)(c).

Judgments

33

(1) When the Court gives judgment in any [[^f00877] proceedings to which Parts II, III or this Part of this Order apply], it may withhold all or some of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the Court does not include the full reasons for its decision, the Court will serve on the appropriate Minister and the special advocate a separate written judgment including those reasons.

(3) Where the Court serves a separate written judgment under paragraph (2), the special advocate may apply to the Court to amend that judgment and the judgment under paragraph (1) on the grounds that the separate written judgment under paragraph (2) contains material not in the judgment under paragraph (1) the disclosure of which would not be contrary to the public interest.

(4) The special advocate must serve a copy of the application under paragraph (3) on the appropriate Minister .

(5) The Court will give the special advocate and the appropriate Minister an opportunity to lodge written submissions and may determine the application with or without a hearing.

Application by Treasury for reconsideration of order, direction or judgment

34

(1) This rule applies where the Court proposes, in any [(a) proceedings to which Parts II, III or this Part of this Order apply], to serve on a party other than the appropriate Minister—

(a) notice of any order or direction made or given in the absence of the appropriate Minister; or

(b) any written judgment.

(2) Before the Court serves any such notice or judgment on a party other than the appropriate Minister, it will first serve notice on the appropriate Minister of its intention to do so.

(3) The appropriate Minister may, within 5 days of being served with notice under paragraph (2), apply to the Court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if it considers—

(a) its compliance with the order or direction; or

(b) the notification to another party of any matter contained in the judgment, order or direction,

would cause information to be disclosed contrary to the public interest.

(4) Where the appropriate Minister makes an application under paragraph (3), it must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application;

(b) a copy of the relevant document referred to in paragraph (1)(a) or (b); and

(5) If a special advocate has been appointed, rule 31 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The Court will not serve notice on a party other than the appropriate Minister as mentioned in paragraph (1) before the time for the appropriate Minister to make an application under paragraph (3) has expired.

Supply of court documents

35

Unless the Court directs otherwise, Order 66 (paper, printing, notices, copies and inspection of documents), rules 3 to 5 do not apply to any [[^f00878]proceedings to which Parts II, III or this Part of this Order apply] or to any documents relating to such proceedings.]

[ PART V — NOTIFICATION ORDERS

Application for a notification order

36

(1) An application for a notification order under Schedule 4 to the [[^f00880]2008] Act must be made by originating summons in Form 6 in Appendix A.

(2) Where the defendant wishes to serve a notice under paragraph 2(4) of Schedule 4 to the [(c)2008] Act, the defendant must lodge and serve the notice with a memorandum of appearance not more than 14 days after service of the originating summons.]

[ ORDER 116C

PART I — APPLICATION OF THIS ORDER

Scope and interpretation

1

(1) This Order contains rules about—

(a) TPIM proceedings in the High Court, and

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

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

(3) In this Order—

(a) “the Act” means the Terrorism, Prevention and Investigation Measures Act 2011;

(b) “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;

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

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

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

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

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

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

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

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

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

(m) “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;

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

(4) For the purposes of this Order, 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, 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

2

(1) Where this Order applies, the overriding objective in Order 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).

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

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

PART 2 — PERMISSIONS APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO TPlM NOTICES

Scope of this Part

3

This Part of this Order contains rules about—

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

(b) references under paragraph 3(1) of Schedule 2 to the Act (references of a TPIM notice imposed without permission); and

Application for permission to impose measure

4

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

(a) statement of reasons to support the application;

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

(d) the proposed TPIM notice.

Reference of measures imposed without permission

5

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 lodging with the Court—

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

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

(d) the TPIM notice.

Directions for hearing on application for permission or on a reference

6

(1) 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.

(2) 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.

(3) 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.

(4) At the directions hearing, the Court must give directions—

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

(b) specifying a date and time by which the parties and special advocate must lodge and serve any written evidence or written submissions in accordance with rule 29.

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

(6) Rules 27 and 28 will apply where any closed material is lodged by the Secretary of State.

Appeals under section 16 of the Act

7

(1) This rule and rules 8 to 10 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice).

(2) With the exception of rule 16 thereof, Part II of Order 55 shall not apply to appeals under section 16 of the Act.

(3) Order 59, rule 10 applies to appeals under section 16 of the Act subject to —

(a) rule 2 of this Order; and

(b) the rules in Part 4 of this Order.

Notice of appeal

8

(1) The TPIM subject must give notice of appeal by—

(a) lodging a notice of appeal in Form 37C with the Court; and

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

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of—

(i) the TPIM subject, and

(ii) the TPIM subject’s legal representative (if any).

(3) A notice of appeal may include an application under rule 18 for an order requiring anonymity for the TPIM subject.

(4) The notice of appeal must be lodged with a copy of the TPIM notice imposing measures on the TPIM subject and (as relevant)—

(a) a copy of the extension notice, revival notice or variation notice that is the subject of the appeal;

(b) a copy of the application to the Secretary of State—

(i) for permission in connection with a measure in the TPIM notice,

(ii) for the revocation of the TPIM notice, or

(iii) for the variation of a measure imposed by the TPIM notice;

Time limit for appealing

9

(1) Subject to paragraph (2), the TPIM subject must give notice of appeal no later than 28 days after receiving—

(a) the extension notice, revival notice or variation notice that is the subject of the appeal; or

(b) notice of the Secretary of State’s decision on an application for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice.

(2) In a case where the Secretary of State has failed to determine an application for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice, the TPIM subject must lodge the notice of appeal—

(a) no earlier than 28 days, and

(b) no later than 42 days

after the date on which the Secretary of States received the application.

Secretary of State’s reply

10

If the Secretary of State wishes to oppose an appeal made under section 16 of the Act, the Secretary of State must, no later than 14 days after being served with the notice of appeal—

(a) lodge with the Court—

(i) any relevant material of which the Secretary of State is aware at that stage, and

(ii) any written submissions; and

(b) serve on the TPIM subject any open material.

PART 3 — APPEALS TO THE COURT OF APPEAL

Application

11

(1) Order 59 applies to an appeal to the Court of Appeal against an order of the High Court in TPIM proceedings, subject to—

(a) rule 2;

(b) the rules in Part 4 of this Order; and

(2) Order 59, rules 3(1), (2), (4) and (5), 4 to 6, 9, 11, 14 and 16 to 18 do not apply to appeals to the Court of Appeal against an order of the High Court in TPIM proceedings.

(3) Rules 8 and 10 of this Order shall apply with appropriate modifications.

Leave to appeal

12

(1) A party to an appeal under this Part of this Order requires leave to appeal to the Court of Appeal.

(2) An application for leave to appeal may be made—

(a) to the High Court at the hearing at which the decision to be appealed was made; or

(b) to the Court of Appeal in the notice of appeal.

(3) Where the High Court refuses an application for leave to appeal, a further application may be made to the Court of Appeal.

(4) Where the Court of Appeal, without a hearing, refuses leave to appeal, the person seeking leave may request the decisions to be reconsidered at a hearing.

(5) A request under paragraph (4) must be lodged within 7 days after service of the notice that leave has been refused.

(6) Leave to appeal may only be given where—

(a) the Court considers that the appeal would have a real prospect of success; or

(b) there is some other compelling reason why the appeal should be heard.

(7) An order giving leave may—

(a) limit the issues to be heard; and

(b) be made subject to conditions.

Time limit for appealing

13

(1) The appellant in an appeal under this Part of this Order must lodge the notice of appeal within—

(a) such period as may be directed by the High Court; or

(b) where the High Court makes no such direction, 14 days after the date of the decision of the High Court that the appellant wishes to appeal.

(2) Unless the Court of Appeal orders otherwise, a notice of appeal must be served on each respondent—

(a) as soon as practicable; and

(b) in any event not later than 7 days.

after it is lodged.

Striking out notice of appeal and setting aside or imposing conditions on leave to appeal

14

(1) The Court of Appeal may—

(a) strike out the whole or any part of a notice of appeal;

(b) set aside leave to appeal in whole or in part;

(2) The Court may only exercise its powers under paragraph (1) where there is a compelling reason for doing so.

(3) Where a party was present at the hearing at which leave was given, he may not subsequently apply for an order that the Court exercise its powers under paragraph (1) (b) or (c).

(4) lf the Court of Appeal—

(a) refuses an application for leave to appeal;

(b) strikes out a notice of appeal; or

and it considers that the application, the notice of appeal or the appeal is totally without merit, the Court’s order must record this fact.

Hearing of appeals

15

(1) The provisions of this rule apply without prejudice to the generality of the provisions in Order 59, rule 10.

(2) Every appeal under this Part of this Order will be limited to a review of the decision of the High Court unless the Court of Appeal consider that, in the circumstances of the individual appeal, it would be in the interests of justice to hold a re-hearing.

(3) Unless it orders otherwise, the Court of Appeal will not receive—

(a) oral evidence; or

(b) evidence which was not before the High Court.

(4) The Court of Appeal will allow an appeal where the decision of the High Court was—

(a) wrong; or

(b) unjust because of a serious procedural or other irregularity in the proceedings before the High Court.

PART 4 — GENERAL PROVISIONS

Scope of this Part

16

This Part of this Order applies to—

(a) TPIM proceedings in the High Court; and

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

Address for issuing proceedings

17

Any TPIM proceedings must be issued at the Central Office, Royal Courts of Justice, Chichester Street, Belfast, BT1 3JF.

Applications for anonymity

18

(1) The TPIM subject or the Secretary of State may apply for an order requiring the anonymity of the TPIM subject.

(2) An application under paragraph (1) may be made at any time, irrespective of whether any TPIM proceedings have been commenced.

(3) An application may be made without notice to the other party.

(4) The reference in this rule to an order requiring anonymity for the TPIM subject is to be construed in accordance with paragraph 6(3) of Schedule 4 to the Act.

Notification of hearing

19

Unless the Court directs otherwise, it must serve notice of the date, time and place fixed for any hearing on—

(a) every party, whether or not entitled to attend that hearing; and

(b) if one had been appointed for the purposes of the hearing, the special advocate or those instructing the special advocate.

Hearings

20

(1) The following proceedings must be determined at a hearing—

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

(b) an appeal under section 16 of the Act (appeal relating to a TPIM notice);

(c) an appeal to the Court of Appeal from an order of the High Court made in the proceedings mentioned in sub-paragraph (a) or (b) above; and

(d) a hearing under rule 28(2) (consideration of the Secretary of State’s objection or application).

(2) Paragraph (1)(a) does not apply where the court discontinues the review hearing in accordance with section 9(3) of the Act.

(3) Paragraph (1)(b) does not apply where—

(a) the appeal is withdrawn by the TPIM subject;

(b) the Secretary of State consents to the appeal being allowed; or

(c) the TPIM subject is outside the United Kingdom or it is impracticable to give the TPIM subject notice of a hearing and, in either case, the TPIM subject is unrepresented.

(4) Paragraph (1)(c) does not apply where —

(a) the Court of Appeal grants a request by the appellant to dismiss the appeal;

(b) the Court of Appeal allows the appeal with consent; or

Hearings in private

21

(1) If the Court considers it necessary for any relevant party and any relevant party’s legal representative to be excluded from a hearing or part of a hearing in order to secure that information is not disclosed contrary to the public interest, it must—

(a) direct accordingly; and

(b) conduct the hearing, or that part of it from which the relevant party and the relevant party’s legal representative are excluded, in private.

(2) The Court may conduct a hearing or part of a hearing in private for any other good reason.

Appointment of a special advocate

22

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Advocate General (who under paragraph 10(1) of Schedule 4, has the power to appoint a special advocate) on —

(a) making an application under section 6(1)(b) of the Act (application for permission to impose a TPIM notice);

(b) making a reference under paragraph 3(1) of Schedule 2 to the Act (reference of a TPIM notice imposed without permission); or

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the application, claim or appeal; or

(ii) withhold closed material from a relevant party; or

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 24.

(3) Where any proceedings to which this Order applies are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the Advocate General to appoint a special advocate.

Functions of a special advocate

23

The functions of a special advocate are to represent the interests of a relevant party by—

(a) making submissions to the Court at any hearings (or parts of hearing) from which the relevant party and the relevant party’s legal representatives are excluded;

(b) adducing evidence and cross-examining witnesses at any such hearings (or parts of hearing); and

Special advocate: communicating about proceedings

24

(1) The special advocate may communicate with the relevant party or the relevant party’s legal representative at any time before the Secretary of State serves closed material on the special advocate.

(2) After the Secretary of State serves the closed material on the special advocate, the special advocate must not communicate with any person about any matter connected with the proceedings, except in accordance with paragraph (3) or (6)(b) or with a direction of the court pursuant to a request under paragraph (4).

(3) The special advocate may, without directions from the Court, communicate about the proceedings with—

(a) the Court;

(b) the Secretary of State, or any person acting for the Secretary of State;

(d) any other person, except the relevant party or the relevant party’s legal representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.

(4) The special advocate may request directions from the Court authorising him or her to communicate with the relevant party or the relevant party’s legal representative or with any other person.

(5) Where the special advocate makes a request for directions under paragraph (4)—

(a) the Court must notify the Secretary of State of the request; and

(b) the Secretary of State must, within a period specified by the Court, lodge with the court and serve on the special advocate notice of any objection which the Secretary of State has to the proposed communication, or to the form in which it is proposed to be made.

(6) Paragraph (2) does not prohibit the relevant party from communicating with the special advocate after the Secretary of State has served closed material on the special advocate, but—

(a) the relevant party may only communicate with the special advocate through the relevant party’s legal representative in writing; and

(b) the special advocate must not reply to the communication other than in accordance with directions of the court, except that the special advocate may without such directions send a written acknowledgment of receipt to the relevant party’s legal representative.

Modification of the general rules of evidence and disclosure

25

(1) Orders 24 and 38 and Order 39, rules 1 and 2 do not apply to any proceedings to which this Order applies.

(2) Subject to the other rules in this Order, the evidence of a witness may be given either—

(a) orally, before the Court; or

(b) in writing, in which case it shall be given in such manner and at such time as the Court directs.

(3) The Court may also receive evidence in documentary or any other form.

(4) The Court may receive evidence that would not, but for this rule, be admissible in a court of law.

(5) Every party shall be entitled to adduce evidence and to cross-examine witnesses during any hearing or part of a hearing from which that party and that party’s legal representative are not excluded.

(6) A special advocate shall be entitled to adduce evidence and to cross-examine witnesses.

(7) The Court may require a witness to give evidence on oath.

Lodging and service of relevant material

26

(1) The Secretary of State is required to make a reasonable search for relevant material and to lodge and serve that material in accordance with the rules in this Order.

(2) The duty to search for, file and serve material under paragraph (1) continues until the proceedings in question have been determined.

Closed material

27

(1) The Secretary of State—

(a) must apply to the Court for permission to withhold closed material from a relevant party or the relevant party’s legal representative in accordance with this rule, and

(b) may not rely on closed material at a hearing on notice unless a special advocate has been appointed to represent the interests of the relevant party.

(2) The Secretary of State must lodge with the Court and, at such time as the Court directs, serve on the special advocate—

(a) the closed material;

(b) a statement of the Secretary of State’s reasons for withholding that material from the relevant party; and

(c) if the Secretary of State considers it possible to provide a summary of that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the relevant party.

(3) The Secretary of State may at any time amend or supplement material lodged under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the Court.

Consideration of the Secretary of State’s objection

28

(1) This rule applies where the Secretary of State has—

(a) objected under rule 24(5)(b) to a proposed communication by the special advocate; or

(b) applied under rule 27 for permission to withhold closed material.

(2) The Court must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—

(a) the special advocate gives notice to the Court that he or she does not challenge the objection or application;

(b) the Court has previously considered—

(i) an objection under rule 24(5)(b) to the same or substantially the same communication, or

(ii) an application under rule 27(1) for permission to withhold the same or substantially the same material, and

is satisfied that it would be just to uphold that objection or to give permission without a hearing; or

(3) If the special advocate does not challenge the objection or the application, he or she must give notice of that fact to the Court and the Secretary of State no later than the end of 14 days after the date the Secretary of State serves on the special advocate a notice under rule 24(5)(b) or material under rule 27(2), or such other period as the Court may direct.

(4) Where the Court fixes a hearing under this rule, the Secretary of State and the special advocate must before the hearing lodge with the Court a schedule identifying the issues which cannot be agreed between them, which must also—

(a) give brief reasons for their contentions in relation to each issue; and

(b) set out any proposals for the Court to resolve those issues.

(5) A hearing under this rule shall take place in the absence of the relevant party and the relevant party’s legal representative.

(6) Where the Court gives permission to the Secretary of State to withhold closed material, the Court must—

(a) consider whether to direct the Secretary of State to serve a summary of that material on the relevant party or the relevant party’s legal representative; but

(b) ensure that no such summary contains information or other material the disclosure of which would be contrary to the public interest.

(7) Where the Court has not given permission to the Secretary of State to withhold closed material from, or has directed the Secretary of State to serve a summary of that material on, the relevant party or the relevant party’s legal representative—

(a) the Secretary of State shall not be required to serve that material or summary; but

(b) if the Secretary of State does not do so, at a hearing on notice the Court may—

(i) if it considers that the material or anything that is required to be summarised might be of assistance to the relevant party in relation to a matter under consideration by the court, direct that the matter is withdrawn from its consideration or that the Secretary of State makes such concessions or takes such other steps as the Court specifies, and

(ii) in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on what is required to be summarised.

(8) The Court must give permission to the Secretary of State to withhold closed material where it considers that the disclosure of that material would be contrary to the public interest.

Order of lodging and serving material and written submissions

29

(1) Subject to any directions given by the Court, the parties must lodge and serve any material and written submissions, and the special advocate must lodge and serve any written submissions, in the following order—

(a) the Secretary of State must lodge with the Court all relevant material of which the Secretary of State is aware;

(b) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material;

(c) the relevant party must lodge with the Court and serve on the Secretary of State and special advocate (if one is appointed) or those instructing the special advocate any written evidence which the relevant party wishes the Court to take into account at the hearing;

(d) the Secretary of State must lodge with the Court any further relevant material;

(e) the Secretary of State must serve on—

(i) the relevant party or the relevant party’s legal representative; and

(ii) the special advocate (as soon as one is appointed) or those instructing the special advocate,

any open material lodged with the Court under paragraph (d);

(f) the Secretary of State must serve on the special advocate (if one has been appointed) any closed material;

(g) the parties and the special advocate (if one has been appointed) must file and serve any written submissions as directed by the Court.

(2) Rules 27 and 28 will apply where any closed material is lodged by the Secretary of State.

Failure to comply with directions

30

(1) Where a party or the special advocate fails to comply with a direction of the Court, the Court may serve on that person a notice which states—

(a) the respect in which that person has failed to comply with the direction;

(b) a time limit for complying with the direction; and

(c) that the Court may proceed to determine the proceedings before it, on the material available to it, if the party or special advocate fails to comply with the relevant direction within the time specified.

(2) Where a party or special advocate fails to comply with such a notice, the Court may proceed in accordance with paragraph (1)(c).

Judgments

31

(1) When the Court gives judgment in any proceedings to which this Order applies, it may withhold any or part of its reasons if and to the extent that it is not possible to give reasons without disclosing information contrary to the public interest.

(2) Where the judgment of the Court does not include the full reasons for its decision, the court must serve on the Secretary of State and the special advocate a separate written judgment including those reasons.

Application by the Secretary of State for reconsideration of decision

32

(1) If the Court proposes, in any proceedings to which this Order applies, to serve notice on a relevant party of any—

(a) order or direction made or given in the absence of the Secretary of State; or

(b) any judgment

then before the Court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(2) The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the Court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that—

(a) the Secretary of State’s compliance with the order or direction; or

(b) the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

(3) Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (1).

(4) Rule 28 (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (2) of this rule.

(5) The Court must not serve notice on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (2) has expired.

Supply of court documents

33

Unless the Court otherwise directs, Order 66, rules 3 to 5 shall not apply to any proceedings to which this Order applies.]

[ ORDER 117 — EXPENSES IN CRIMINAL PROCEEDINGS IN THE COURT OF APPEAL

Interpretation

1

In this Order—

“the Act” means the Criminal Appeal (Northern Ireland) Act 1980 and a section referred to by number means the section so numbered in the Act;

“applicant” means the solicitor or counsel applying for the review of a decision of the Taxing Master under section 28(2A);

“Taxing Master” means the Master (Taxing Office).

Application to the Taxing Master for review

2

(1) An application under section 28(2A)[^f00883] for a review of the Taxing Master’s decision under section 28(2)(a) must be made within 21 days of receipt of that decision or within such other period as may be fixed by the Taxing Master.

(2) Every applicant for review under this rule must at the time of making his application—

(a) deliver to the Taxing Master his objections in writing specifying separately in relation to the expenses to be reviewed, the amount claimed for those expenses, the amount allowed and the grounds of the objection to the amount allowed;

(b) indicate in writing whether he wishes to appear or to be represented at the review or whether he will accept a decision given in his absence.

Review by Taxing Master

3

(1) A review under section 28(2A) shall be carried out by the Taxing Master.

(2) The Taxing Master may require the applicant to provide any further information which he requires for the purposes of the review and unless the Taxing Master otherwise directs, no further evidence shall be received on a hearing of a review and no ground of objection shall be valid which was not specified in the application under rule 2(2).

(3) On a review under section 28(2A) the Taxing Master may allow the applicant a sum in respect of part or all of any reasonable costs incurred by him in connection with the review.

(4) The Taxing Master shall communicate his decision on a review to the applicant in writing and shall state his reasons for that decision by reference to the objections and any special circumstances or facts relevant to it.

(5) The Taxing Master shall also communicate his decision on a review and the reasons for it to the [[^f00884] Department of Justice] and shall send to the [[^f00884] Department of Justice] copies of such documents as the [[^f00884] Department of Justice] may require.

Appeals to the High Court

4

An appeal to the High Court under section 28(2D) or (2E) from a decision of the Taxing Master on a review under section 28(2A) shall be made in accordance with the provisions of Order 55 Part II.]

[ ORDER 118 — THE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996

Application

1

This Order shall apply in relation to acquittals in respect of offences alleged to be committed on or after 30th June 1997.

Interpretation

2

In this Order—

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