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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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articles 1

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(b) if such effect has been given in respect of only part of the money or other property, or if the order has been varied by the court by which it was made, registration of the order shall be varied accordingly.]

[ Consideration by the court of an overseas freezing order

15A

(1) Where an overseas freezing order has been received by the court, the court shall consider whether to give effect to the order—

(a) save in exceptional circumstances, on the next business day after receipt of a copy of the order from the Secretary of State; and

(b) in any event within 5 business days of receipt of the order.

(2) The court shall not make an order giving effect to an overseas freezing order unless it is satisfied that the [⁷⁹¹ Director of Public Prosecutions for Northern Ireland] has been given an opportunity to make representations to the court either in writing or at a hearing.

(3) In this rule—

(a) “business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday;

(b) “bank holiday” has the same meaning as in Order 3, rule 2(6).

Giving effect to an overseas freezing order

15B

Where the court makes an order to give effect to an overseas freezing order, the court shall register the order in accordance with rule 11.

Notice of registration of an overseas freezing order

15C

Where the court gives effect to an overseas freezing order, the court shall provide for notice of the registration of the order to be given to any persons affected by it.

Application to cancel the registration of, or vary an overseas freezing order

15D

An application under paragraph 41G(4) of Schedule 4 by the Director of Public Prosecutions [⁷⁹¹ for Northern Ireland] or any person affected by an overseas freezing order shall be made to a judge by summons supported by affidavit.]

[ Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995

16

(1) The provisions of this Part of this Order shall, with such modifications as are necessary and subject to the provisions of any Order in Council made under [⁷⁹⁴ paragraph 44 of Schedule 4], apply to proceedings for the registration and enforcement of external orders.

(2) For the purposes of this rule, an external order is a forfeiture or restraint order made by a court in a country or territory outside the United Kingdom which is enforceable in the United Kingdom by virtue of an Order in Council made under [⁷⁹⁴ paragraph 44 of Schedule 4].

[PART II — PROCEEDS OF CRIME (NORTHERN IRELAND) ORDER 1996 AND CRIMINAL JUSTICE (INTERNATIONAL CO-OPERATION) ACT 1990

Interpretation

17

In this Part of this Order—

“the 1996 Order” means the Proceeds of Crime (Northern Ireland) Order 1996 and an Article referred to by number means the Article so numbered in the 1996 Order;

expressions used in this Part of this Order which are used in the 1996 Order, have the same meanings in this Part of this Order as in the 1996 Order and, for the purposes of the enforcement in Northern Ireland of orders made under Part VI of the Criminal Justice Act 1988⁷⁹⁸, the Drug Trafficking Act 1994⁷⁹⁹ and the Proceeds of Crime (Scotland) Act 1995⁸⁰⁰, include any extended meaning given by those Acts;

“Master” means Master (Queen’s Bench and Appeals).

Assignment of proceedings

18

The jurisdiction of the High Court under the 1996 Order shall be assigned to the Queen’s Bench Division and, subject to rule 32, shall be exercised by a judge in chambers.

Title and service of proceedings

19

(1) An originating summons under this Part of this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the 1996 Order, and all subsequent documents in the matter shall be so entitled.

(2) Any originating summons, or other document, required to be served under this Part of this Order may be served out of the jurisdiction with the leave of the Court.

(3) In any application under Article 24 or any related application, where a defendant has absconded, if it appears to the Court that it is impracticable for any reason to serve the summons or other document on the defendant in accordance with the provisions of this Part of this Order, the Court may make an order for substituted service of the summons or other document or may order service to be dispensed with.

(4) An application for an order for substituted service or for an order dispensing with service under paragraph (3) may be made by an affidavit stating the facts on which the application is founded.

(5) Substituted service of a summons or other document, in relation to which an order is made under paragraph (3), is effected by taking such steps as the Court may direct to bring the summons or other document to the notice of the person to be served.

(6) In any application under Article 24 or any related application, where a defendant has died, the summons or other document may be served on the deceased’s personal representatives.

Application for confiscation order and service

20

(1) An application by the prosecution for a confiscation order under Article 24 shall be made by originating summons.

(2) The application shall be supported by an affidavit giving full particulars of the following matters:—

(a) the grounds for believing that the defendant has died or absconded;

(b) the date or approximate date on which the defendant died or absconded;

(c) where the application is made under Article 24(2), the offence or offences of which the defendant was convicted and the date and place of conviction;

(d) where the application is made under Article 24(4), the proceedings which have been instituted against the defendant (including particulars of the offence or offences and the date and place of institution of those proceedings); and

(e) where the defendant is alleged to have absconded, the steps taken to contact him.

(3) Any statement required from the prosecution under Article 15 shall be exhibited to the affidavit and shall include the following particulars—

(a) the name of the defendant;

(b) the name of the person by whom the statement is given; and

(c) such information known to the prosecution as is relevant to, the determination whether the defendant has benefited from any relevant criminal conduct or drug trafficking, and, as to the assessment of the value of his benefit from the criminal conduct or, as the case may be, from the drug trafficking.

[⁸⁰¹...]

(4) ⁸⁰²] The application and affidavit in support shall be served not less than seven clear days before the date fixed for the hearing of the application on—

(a) the defendant;

(b) any person who the prosecution reasonably believes is likely to be affected by the making of a confiscation order; and

Application for restraint order or charging order

21

(1) An application for a restraint order under Article 31 or for a charging order under Article 32 (to either of which may be joined an application for the appointment of a receiver) may be made by the prosecution ex parte by originating summons in Form No. 8 in Appendix A.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall—

(a) give the grounds for the application; and

(b) to the best of the deponent’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

[⁸⁰³...]

Restraint order or charging order

22

(1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant or other person, but the applicant shall not be required to give an undertaking to abide by an order as to damages sustained by the defendant or other person as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application and a charging order shall have effect subject to such conditions as the Court may direct.

(3) Where a restraint order is made the applicant shall serve copies of the order and of the affidavit in support on the defendant and on all other named persons restrained by the order and shall notify all other persons or bodies affected by the order of its terms.

(4) Where a charging order is made the applicant shall, unless the Court otherwise directs, serve copies of the order and of the affidavit in support on the defendant and, where property to which the order relates is held by another person, on that person and shall serve a copy of the order on such of the persons or bodies referred to below as shall be appropriate:—

(a) where the order relates to securities other than funds in court (including securities in court),

(i) in the case of Government funds or stock, on the keeper of the register;

(ii) in the case of stock of any body incorporated within Northern Ireland, on that body, or, on the keeper of the register;

(iii) in the case of stock of any body incorporated outside Northern Ireland or of any country or territory outside the United Kingdom, being stock registered in a register kept at any place within Northern Ireland, on the keeper of the register;

(iv) in the case of units of any unit trust in respect of which a register of the unit holders is kept at any place within Northern Ireland, on the keeper of the register;

(b) where the order relates to a fund in court on the Accountant General at the Court Funds Office, and

Discharge or variation of restraint or charging order

23

(1) Any person or body on whom a restrain order or charging order is served or who is notified of such an order or who is affected by such an order may apply by summons to discharge or vary the order.

(2) The summons and any affidavit in support shall be lodged with the Court and served on the prosecution and, where he is not the applicant for discharge or variation, on the defendant, not less than two clear days before the date fixed for the hearing of the summons.

(3) Upon the Court being satisfied that proceedings for the offences have been concluded or that the amount, payment of which is secured by the relevant charging order has been paid into Court, any restraint order or charging order, as the case may be, shall be discharged.

(4) The Court may also discharge a restraint order or a charging order upon receiving notice from the prosecution that it is no longer appropriate for the restraint order or charging order to remain in place.

Further application by the prosecution

24

(1) Where a restraint order or a charging order has been made the prosecution may apply by summons or, where the case is one of urgency or the giving of notice would cause a reasonable apprehension of dissipation of assets, ex parte:—

(a) to vary such an order;

(b) for a restraint order or a charging order in respect of other realisable property; or

(2) An application under paragraph (1) shall be supported by an affidavit which, where the application is for a restraint order or a charging order, shall to the best of the deponent’s ability give full particulars of, the grounds of the application, and of the realisable property in respect of which the order is sought and specify the person or persons holding such property.

(3) The summons and affidavit in support shall be lodged with the Court and served on the defendant and, where one has been appointed in the matter, on the receiver, not less than two clear days before the date fixed for hearing of the summons.

(4) Rule 22(3) and (4) shall apply to the service of an order varying a restraint order or charging order on persons other than the defendant and to the notification of all other persons or bodies affected thereby.

Realisation of property

25

(1) An application by the prosecution under Article 34 shall be made by summons and be supported by an affidavit.

(2) The summons and affidavit in support shall be lodged with the Court and served on:—

(a) the defendant;

(b) any person holding an interest in the realisable property to which the application relates; and

not less than seven clear days before the date fixed for hearing of the summons.

(3) The supporting affidavit shall, to the best of the deponent’s ability, give full particulars of the grounds of the application and of the realisable property to which it relates and specify the person or persons holding such property.

(4) A copy of the confiscation order, of any certificate issued by a Court under Article 15(10) and of any charging order made in the matter shall be exhibited to the supporting affidavit.

(5) The Court may, on an application under Article 34—

(a) exercise the power conferred by Article 35 to direct the making of payments by a receiver;

(b) give directions in respect of the property interests to which the application relates; and

Increase in realisable property

26

(1) An application for a certificate under Article 21(2) shall be made by summons.

(2) A summons under paragraph (1) shall be served with any supporting affidavit on:—

(a) the prosecution, where it is not the applicant;

(b) the receiver, where one has been appointed in the matter and he is not the applicant; and

not less than seven clear days before the date fixed for hearing of the summons.

Receivers

27

(1) Subject to the provisions of this Rule, the provisions of Order 30, rules 2 to 8 shall apply where a receiver is appointed in pursuance of a charging order or under Articles 31 or 34.

(2) Where the receiver proposed to be appointed has been appointed receiver in other proceedings under the 1996 Order, it shall not be necessary for an affidavit of fitness to be sworn or for the receiver to give security, unless the Court otherwise orders.

(3) Where a receiver has fully paid the amount payable under the confiscation order and any sums remain in his hands, he shall apply by summons for directions as to the distribution of such sums.

(4) A summons under paragraph (3) shall be served with any evidence in support not less than seven clear days before the date fixed for hearing of the summons on:—

(a) the defendant; and

(b) any other person who held property realised by the receiver.

(5) A receiver may apply for an order to discharge him from his office by making an application, which shall be served, together with any evidence in support, on all persons affected by his appointment not less than seven days before the date fixed for the hearing of the application.

Application for certificate of inadequacy

28

(1) The defendant or a receiver appointed under Articles 31 or 34 or in pursuance of a charging order may apply by summons for a certificate under Article 22(1).

(2) A summons under paragraph (1) shall be served with any supporting evidence on:—

(a) the prosecution;

(b) the receiver, where one has been appointed in the matter, and he is not the applicant; and

not less than seven clear days before the date fixed for hearing of the summons.

Application for compensation order

29

An application for an order under Article 23 shall be made by summons which shall be served, with any supporting evidence, on the person alleged to be in default (where known) and on the appropriate body mentioned in Article 23(5) not less than seven clear days before the date fixed for hearing of the summons.

Compensation for discharge and variation of confiscation order

30

(1) An application under Article 26, 27 or 28 shall be made by summons which, together with any evidence in support, shall be lodged with the Court and served on the prosecution not less than seven clear days before the day fixed for the hearing of the summons.

(2) Notice of an application under Article 26, 27 or 28 shall be served on any receiver appointed in pursuance of a charging order or under Article 31 or 34.

(3) An application made under Article 26 shall be supported by an affidavit giving details of—

(a) the confiscation order made under Article 24(4);

(b) the circumstances in which the defendant ceased to be an absconder; and

(4) An application for an order under Article 27 shall be supported by an affidavit giving details of—

(a) the confiscation order made under Article 24(4);

(b) the acquittal of the defendant;

(d) the loss suffered by the applicant as a result of the confiscation order.

(5) An application for an order under Article 28 shall be supported by an affidavit giving details of—

(a) the confiscation order made under Article 24(4);

(b) the date on which the defendant ceased to be an absconder;

(c) the date on which the proceedings against the defendant were instituted and a summary of the steps taken in the proceedings since then; and

(d) any indication given by the prosecution that it does not intend to proceed against the defendant.

(6) Where an application is made for an order under Article 28(3) the affidavit shall also include—

(a) details of the realisable property to which the application relates; and

(b) details of the loss suffered by the applicant as a result of the confiscation order.

[⁸⁰⁴...]

Application for order for disclosure of information

31

(1) An application by the prosecution under Article 54 shall be made by summons, which shall state the nature of the order sought and whether material sought to be disclosed is to be disclosed to a receiver appointed in pursuance of a charging order or under Article 31 or 34 or to a person mentioned in Article 54(8).

(2) An application under paragraph (1) shall be supported by an affidavit which shall state the grounds for believing that the conditions in Article 54(4) and, if appropriate, 54(7) are fulfilled.

(3) The summons and affidavit in support shall be served on the authorised government department in accordance with Order 77, rule 3, not less than seven clear days before the date fixed for hearing of the summons.

Reciprocal enforcement of orders

32

Notwithstanding the provisions of Order 32 rule 11(1)(a), the powers conferred on the High Court by virtue of Article 43 may be exercised by a judge in chambers or the Master.

Application for registration

33

An application for registration of an external confiscation order to which Article 43 applies may be made ex parte.

Evidence in support of application under Article 43

34

(1) An application for registration of an external confiscation order under Article 43 must be supported by an affidavit—

(i) exhibiting the order or a verified or certified or otherwise duly authenticated copy thereof and, where the order is not in the English language, a translation thereof into English certified by a notary public or authenticated by affidavit; and

(ii) stating—

(a) that the order is in force and is not subject to appeal,

(b) where the person against whom the order was made did not appear in the proceedings, that he received notice thereof in sufficient time to enable him to defend them,

(c) in the case of money, either that at the date of the application the sum payable under the order has not been paid or the amount which remains unpaid, as may be appropriate, or, in the case of other property, the property which has not been recovered, and

(d) to the best of the deponent’s knowledge, particulars of what property the person against whom the order was made holds in Northern Ireland, giving the source of the deponent’s knowledge.

[⁸⁰⁵...]

Register of orders

35

(1) There shall be kept in the Central Office under the direction of the Master a register of the orders registered under the 1996 Order.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, of any variation, satisfaction or discharge of a registered order, and of any execution issued on the order.

Notice of registration

36

(1) Notice of the registration of an order must be served on the person or persons against whom it was obtained by delivering it to him personally or by sending it to him at his usual or last known address or place of business or in such other manner as the court may direct.

(2) Service of such a notice out of the jurisdiction is permissible without leave and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

Application to vary or set aside registration

37

An application by the person against whom an order was made to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

Enforcement of order

38

If an application is made under rule 37, an order shall not, unless the Court otherwise orders, be enforced until after such application is determined.

Variation, satisfaction and discharge of registered order

39

Upon the Court being notified by the applicant for registration that an order which has been registered has been varied, satisfied or discharged, particulars of the variation, satisfaction or discharge (including where appropriate particulars of the amount received in satisfaction of the order), as the case may be, shall be entered in the register.

Rules to have effect subject to Orders in Council

40

Rules 17 to 39 shall have effect subject to the provisions of any Order in Council made under Article 42.

Criminal Justice (International Co-operation) Act 1990

41

(1) The provisions of this Part of this Order shall, with such modifications as are necessary and subject to the provisions of any Order in Council made under Section 9 of the Criminal Justice (International Co-operation) Act 1990, apply to proceedings for the registration and enforcement of external forfeiture orders as they apply to such proceedings in relation to external confiscation orders.

(2) For the purposes of this rule, an external forfeiture order is an order made by a court in a country or territory outside the United Kingdom which is enforceable in the United Kingdom by virtue of any such Order in Council.]

[ PART III — PROCEEDS OF CRIME ACT 2002

Interpretation

42

In this Part of this Order—

“the Act” means the Proceeds of Crime Act 2002⁸⁰⁷ and a section referred to by number means the section so numbered in the Act;

expressions used in this Part of this Order which are used in the Act have the same meaning in this Part of this Order as in the Act.

Assignment of proceedings

43

In this Order the jurisdiction of the High Court under the Act shall be assigned to the Queen’s Bench Division and shall be exercised by a judge in chambers.

Title and service of proceedings

44

(1) An originating summons under this Part of this Order shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(2) Any originating summons, or other document, required to be served under this Part of this Order may be served out of the jurisdiction with the leave of the court.

Application for restraint order

45

(1) An application for a restraint order under section 191 may be made ex parte by originating summons.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall—

(a) give full particulars of the matters relied upon in the support of the application;

(b) to the best of the deponent’s ability, give full particulars of the realisable property in respect of which the order is sought and specify the person holding such property;

(d) where the applicant is an accredited financial investigator, include a statement that he has been authorised under section 216 to make the application.

(3) Where a restraint order is made the applicant shall, unless the Court directs otherwise, serve copies of the order and of the affidavit in support on the defendant and on all other named persons restrained by the order and shall notify of its terms all other persons or bodies of whom the applicant is aware who are affected by the order.

Restraint Order

46

(1) A restraint order may require the applicant to indemnify third parties against expenses incurred in complying with the order but the applicant shall not be required to give an undertaking to abide by an order as to damages sustained by the defendant or other person as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until the Court makes an order varying or discharging the restraint order.

Application for discharge or variation of restraint order by person affected by the order

47

An application for the discharge or variation of a restraint order or an order made under section 190(7) by a person affected by the order shall be made by summons which, together with any affidavit in support, shall be lodged with the Court and, not less than two days before the date fixed for the hearing of the summons, served on:

(a) the person who applied for the restraint order;

(b) all other named persons restrained by the order; and

Application for variation of restraint order by person who applied for the order

48

(1) An application for variation of a restraint order or an order made under section 190(7) by the person who applied for the order shall be made by summons.

(2) The application shall be supported by an affidavit which shall:

(a) give full particulars of the matters relied upon in support of the application;

(b) where the application is for the inclusion of further realisable property in the restraint order, to the best of the deponent’s ability give full particulars of the realisable property in respect of which the variation of the order is sought and specify the person holding such property; and

(c) where the applicant is an accredited financial investigator, include a statement that he has been authorised under section 216 to make the application.

(3) The summons and affidavit in support shall be lodged with the Court not less than two days before the date fixed for hearing the summons and, subject to paragraph (4), served on:

(a) the defendant; and

(b) the receiver, where one has been appointed in the matter; and

(4) An application under paragraph (1) may be made ex parte where the case is one of urgency or the giving of notice would cause a reasonable apprehension of dissipation of assets.

(5) Rule 45(3) shall apply to the service of an order varying a restraint order and to the notification of all other persons or bodies affected thereby.

Application for discharge of restraint order by person who applied for the order

49

(1) An application for discharge of a restraint order or an order made under section 190(7) by the applicant for the order may be made ex parte by summons.

(2) An application under paragraph (1), together with any affidavit in support, shall be lodged with the Court not less than two days before the date fixed for the hearing of the summons.

(3) Rule 45(3) shall apply to the service of an order discharging a restraint order and to the notification of all persons or bodies affected thereby.

Application for appointment of a receiver

50

(1) An application for the appointment of a receiver under section 196 shall be made by summons.

(2) The application shall be supported by an affidavit, which shall include—

(a) full particulars of the matters relied upon in support of the application;

(b) full details of the proposed receiver;

(c) to the best of the deponent’s ability, full particulars of the realisable property in respect of which the order is sought and specify the person holding such property;

(d) where the applicant is an accredited financial investigator, a statement that he has been authorised under section 216 to make the application; and

(e) if the proposed receiver is not a member of staff of [⁸⁰⁸...] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty’s Customs and Excise and the applicant wishes the Court to authorise the proposed receiver to act without the giving of security or before he has given security, a statement of the reasons why the applicant considers this to be necessary.

(3) The summons and affidavit in support shall be lodged with the Court not less than seven days before the date fixed for the hearing, and subject to paragraph (4), served on:

(a) the defendant;

(b) any person who holds realisable property to which the application relates; and

(4) An application under paragraph (1) may be made ex parte where—

(a) it is joined with an application for a restraint order under rule 45;

(b) the case is one of urgency; or

(5) Where the Court makes an order appointing a receiver, unless the Court otherwise directs, the applicant shall serve copies of the order and of the affidavit in support on:

(a) the defendant;

(b) the receiver;

(d) any other person of whom the applicant is aware who may be affected by the order.

Receivers

51

(1) Subject to the provisions of this Rule, the provisions of Order 30, rules 2 to 8 shall apply where a receiver is appointed under section 196.

(2) Where a receiver is appointed under section 196 and he is a member of the staff of [⁸⁰⁸ . . .] the Department of the Director of Public Prosecutions (Northern Ireland) or the Commissioners of Her Majesty’s Customs and Excise:

(a) it shall not be necessary for him to give security, unless the Court otherwise directs; and

(b) Order 30 rule 3 shall not apply.

Powers of a receiver

52

(1) An application for an order for the conferment of powers on a receiver under section 197 shall be made by summons.

(2) The application shall be supported by an affidavit, which shall include—

(a) full particulars of the matters relied upon in support of the application;

(b) to the best of the deponent’s ability, full particulars of the realisable property in respect of which the order is sought and details of the person holding such property; and

(c) where the applicant is an accredited financial investigator, a statement that he has been authorised under section 216 to make the application.

(3) The summons and affidavit in support shall be lodged with the Court not less than seven days before the date fixed for hearing, and subject to paragraph (4), served on:

(a) the defendant;

(b) the receiver;

(d) any other person of whom the applicant is aware who may be affected by the application.

(4) Except where section 197(8) applies, an application under paragraph (1) may be made ex parte—

(a) where the application is joined with an application for a restraint order under rule 45;

(b) the case is one of urgency; or

(5) Rule 50(5) shall apply to the service of an order conferring powers on the receiver.

Application for discharge or variation of receivership order and application for other orders

53

(1) An application under section 210(3) or section 211(1) shall be made by summons which, together with any affidavit in support, shall be lodged with the Court and, not less than seven days before the date fixed for the hearing of the summons, be served, where he is not the applicant, on:

(a) the person who applied for the appointment of the receiver;

(b) the defendant;

(d) the receiver; and

(e) any other person of whom the applicant is aware who may be affected by the application.

(2) Where the Court makes an order under section 211(2) for the discharge or variation of an order relating to a receiver, copies of the order shall be served by the applicant on all those who were served with a copy of the application under paragraph (1).

Application for leave

54

An application for leave under section 206(2) shall be made by summons which, together with any affidavit in support, shall be lodged with the Court and, not less than seven days before the date for the hearing of the application, be served on:

(a) the tenant;

(b) the applicant for the restraint order;

(d) the receiver (if appointed); and

(e) any other person of whom the applicant is aware who may be affected by the application.

Application for registration

55

(1) An application for registration of an order under Article 16 of the Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 ⁸⁰⁹ (“the 2002 Order”) may be made ex parte.

(2) An application under paragraph (1) shall be supported by an affidavit—

(a) exhibiting the order, or a certified copy thereof; and

(b) giving, to the best of the deponent’s ability, full particulars of the realisable property located in Northern Ireland in respect of which the order was made, and specifying the person holding such property.

Register of orders

56

(1) There shall be kept in the Central Office under the direction of the Master a register of the orders registered under Article 16 of the 2002 Order.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, of any variation or discharge of a registered order, and of any execution issued on the order.

Notice of registration

57

(1) Notice of the registration of an order shall be served on any person holding realisable property to which the order applies, and any other person of whom the applicant is aware who may be affected by the order, by delivering it to him personally or by sending it to him at his last known address or place of business or in such other manner as the Court may direct.

(2) Service of a notice under paragraph (1) out of the jurisdiction may be effected without leave and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

Application to vary or set aside registration

58

(1) An application to vary or set aside the registration of an order may be made by—

(a) any person who holds realisable property to which the order applies; and

(b) any person affected by an order.

(2) An application under paragraph (1) shall be made to a judge by summons supported by affidavit.

(3) The summons, together with the affidavit in support, shall be lodged with the Court and served on the applicant for registration not less than seven days prior to the date fixed for the hearing of the summons.

(4) Where an application is made under paragraph (1), the registered order shall not, unless the Court otherwise orders, be enforced until after such application is determined.

Variation and discharge of the registered order

59

Upon the Court being notified by the applicant for registration that an order which has been registered has been varied or discharged, particulars of the variation or discharge, as the case may be, shall be entered in the register.

[ORDER 116A — PREVENTION OF TERRORISM ACT 2005

PART I — PRELIMINARY

Application and interpretation

1

(1) This Order applies to –

(a) control order 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 virtue of section 11(2) of the Act, the rules in this Order shall apply with any modification which the Court considers necessary.

(3) In this Order –

“the Act” means the Prevention of Terrorism Act 2005⁸¹²;

“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party;

“control order proceedings” has the same meaning as in section 11(6) of the Act;

“controlled person” has the same meaning as in section 15(1) of the Act;

“legal representative” is to be construed in accordance with paragraph 11 of the Schedule to the Act;

“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party;

“relevant law officer” has the same meaning as in paragraph 7(6) of the Schedule to the Act;

“relevant material” has the same meaning as in paragraph 4(5) of the Schedule to the Act;

“relevant party” has the same meaning as in paragraph 11 of the Schedule to the Act;

“special advocate” means a person appointed under paragraph 7 of the Schedule to the Act.

(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 II — APPLICATIONS TO THE HIGH COURT RELATING TO DEROGATING CONTROL ORDERS

Application of this Part

3

This Part of this Order applies to applications relating to derogating control orders.

Applications for the making of a derogating control order

4

An application for the making of a derogating control order under section 4(1) of the Act must be made by lodging with the Court –

(a) a statement of reasons to support the application for –

(i) making such an order; and

(ii) imposing each of the obligations to be imposed by that order;

(b) all relevant material;

(d) a draft of the order sought.

Directions for a full hearing on notice

5

(1) When the Court makes a derogating control order under section 4(3) of the Act it must –

(a) immediately fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b) unless the Court otherwise directs, that date must be no later than 7 days from the date that the order is made.

(2) At the hearing referred to in paragraph (1)(a), the Court must give directions –

(a) for the holding of a full hearing under section 4(1)(b) of the Act to determine whether to confirm the control order (with or without modifications), or to revoke it; and

(b) specifying the date and time by which the parties and special advocate must lodge and serve any written evidence or written submissions in accordance with rule 33 of this Order.

(3) When giving directions under paragraph (2), the Court must have regard to the need to expedite the full hearing.

Applications on notice

6

(1) An application under section 4(9) of the Act for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.

(2) An application by the Secretary of State must be made by –

(a) lodging with the Court –

(i) a statement of reasons to support the application,

(ii) all relevant material,

(iii) any written submission, and

(iv) a draft of the order sought; and

(b) serving on the controlled person or his legal representative any open material.

(3) An application by the controlled person must be made by lodging with the Court and serving on the Secretary of State–

(a) a statement of reasons to support the application;

(b) any written evidence upon which he relies;

(d) where appropriate, a draft of the order sought.

(4) If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable lodge with the Court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.

(5) If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable–

(a) lodge with the Court–

(i) all relevant material, and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

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

PART III — LEAVE APPLICATIONS, REFERENCES AND APPEALS TO THE HIGH COURT RELATING TO NON-DEROGATING CONTROL ORDERS

Application of this Part

7

This Part of this Order applies to–

(a) applications under section 3(1)(a) of the Act for leave to make a non-derogating control order;

(b) references under section 3(3) of the Act of a non-derogating control order made without leave; and

Application for leave to make non-derogating control order

8

An application under section 3(1)(a) of the Act for leave to make a non-derogating control order must be made by the Secretary of State by lodging with the Court–

(a) a statement of reasons to support the application;

(b) all relevant material;

(d) the proposed control order.

References under section 3(3) of the Act

9

(1) This rule shall apply where the Secretary of State makes a reference under section 3(3) of the Act (reference of a non-derogating control order).

(2) The Secretary of State must promptly lodge with the Court—

(a) a statement of the reasons for—

(i) making the control order, and

(ii) imposing the obligations imposed by that order;

(b) all relevant material; and

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

10

(1) This rule applies where the Court gives directions under section 3(2)(c) or 6(b) or (c) of the Act.

(2) The Court must immediately—

(a) fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

(b) ⁸¹³ unless the Court otherwise directs—

(i) in the case of directions given under section 3(2)(c), that date must be no later than 7 days from the date on which the notice of the terms of the control order is delivered to the controlled person in accordance with section 7(8) of the Act; or

(ii) in the case of directions given under section 3(6)(b) or (c), that date must be no later than 7 days from the date on which the Court’s determination on the reference is made.]

(3) At the hearing referred to in paragraph (2), the Court must give directions–

(a) for a hearing under section 3(10) of the Act; and

(b) specifying the date and time by which the parties and special advocate must lodge and serve any written evidence or written submissions in accordance with rule 33 of this Order.

(4) When giving directions under paragraph (3), the Court must have regard to the need to expedite that hearing.

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

Appeals under section 10 of the Act

11

(1) This rule and rules 12 to 14 of this Order apply to appeals under section 10 of the Act (appeals relating to a non-derogating control order).

(2) With the exception of rule 16 thereof, Part II of Order 55 shall not apply to appeals under section 10 of the Act.

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

(a) rule 2 of this Order; and

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

Notice of appeal

12

(1) The controlled person must give notice of appeal in Form 37B by–

(a) lodging it with the Court; and

(b) serving a copy of the 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 controlled person, and

(ii) any legal representative of that person.

(3) A notice of appeal may include an application for an order under rule 22 requiring anonymity.

(4) The notice of appeal must be lodged with –

(a) a copy of the order that is the subject of the appeal;

(b) a copy of the Secretary of State’s decision on application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

Time limit for appealing

13

(1) Subject to paragraph (2), the controlled person must give notice of appeal no later than 28 days after receiving notice of –

(a) the terms of the renewal or modification of the order; or

(b) the decision by the Secretary of State on an application for the revocation of the control order, or for the modification of an obligation imposed by such an order.

(2) In the case where the Secretary of State has failed to determine an application for the revocation of the control order, or for the modification of an obligation imposed by such an order, the controlled person must lodge the notice of appeal –

(a) no earlier than 28 days; and

(b) no later than 42 days;

after the date the application was made.

Secretary of State’s reply

14

If the Secretary of State wishes to oppose an appeal made under section 10 of the Act, he must no later than 14 days after he is served with the notice of appeal –

(a) lodge with the Court –

(i) all relevant material; and

(ii) any written submissions; and

(b) serve on the controlled person any open material.

PART IV — APPEALS TO THE COURT OF APPEAL

Application

15

(1) Order 59 applies to appeals to the Court of Appeal against an Order of the High Court in control order proceedings subject to –

(a) rule 2 of this Order;

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

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

(3) Rules 12 and 14 of this Order shall apply with appropriate modifications.

Leave to appeal

16

(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 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.

Time limit for appealing

17

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

18

(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 totally without merit, the Court’s order must record this fact.

Hearing of appeals

19

(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 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 V — GENERAL PROVISIONS

Scope of this Part

20

This Part of this Order applies to—

(a) control order 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 in the High Court

21

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

Applications for anonymity

22

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

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

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

(4) ⁸¹⁴ References in this rule—

(a) to an order requiring anonymity for the controlled person are to be construed in accordance with paragraph 5(3) of the Schedule to the Act; and

(b) to the controlled person, in relation to a time before the control order has been made, are to be construed in accordance with paragraph 5(4) of the Schedule to the Act.]

Notification of hearing

23

Unless the Court orders 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 has been appointed for the purposes of the hearing, the special advocate or those instructing him.

Hearings

24

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

(a) a hearing pursuant to directions given under section 4(1)(b) of the Act in respect of derogating control orders;

(b) a hearing pursuant to directions given under sections 3(2) or (6)(b) or (c) of the Act in respect of non-derogating control orders;

(d) an appeal to the Court of Appeal from an Order of the High Court made in any of the above proceedings; and

(e) a hearing under rule 32(2) of this Order.

(2) Paragraph (1)(c) and (d) do not apply where—

(a) the appeal is withdrawn by the controlled person;

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

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

Hearings in private

25

(1) If the Court considers it necessary for any relevant party and his 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 his 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

26

(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the relevant law officer upon—

(a) making an application under section 4(1) of the Act in relation to a derogating control order;

(b) making an application under section 3(1)(a) of the Act for leave to make a non-derogating control order;

(c) making a reference under section 3(3) of the Act in relation to a non-derogating control order made without leave; or

(d) being served with a copy of any application, claim, or notice of appeal in proceedings to which this Order applies.

(2) Paragraph (1) applies unless—

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

(i) oppose the appeal or application; 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 28.

(3) Where notice is given to the relevant law officer under paragraph (1), the relevant law officer may appoint a special advocate to represent the interests of the relevant party in the proceedings.

(4) 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 relevant law officer to appoint a special advocate.

Functions of special advocate

27

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 from which the relevant party and his legal representatives are excluded;

(b) [⁸¹⁵ adducing evidence and] cross-examining witnesses at any such hearings; and

Special advocate: communicating about proceedings

28

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

(2) After the Secretary of State 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 Secretary of State, or any person acting for him;

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

(4) The special advocate may request directions from the Court authorising him to communicate with the relevant party or his 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 he 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 material on him as mentioned in paragraph (1), but—

(a) the relevant 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 of the Court, except that he may without such directions send a written acknowledgement of receipt to the legal representative of the relevant party.

Modification of the general rules of evidence and disclosure

29

(1) Orders 24 and 38 and Order 39, rules l 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 part of a hearing from which he and his legal representative are not excluded.

(5A) ⁸¹⁶ A special advocate shall be entitled to adduce evidence and to cross examine witnesses.]

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

Lodging and service of relevant material

30

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.

Closed material

31

(1) The Secretary of State—

(a) must apply to the Court for leave to withhold closed material from a relevant party or his 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 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) ⁸¹⁹ 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; [⁸²⁰...]

(ba) ⁸²¹ appeals relating to designations under the Terrorist Asset-Freezing etc. Act 2010; and]

(2) In this Order—

(a) “the [⁸²² 2008] Act” means the Counter-Terrorism Act 2008⁸²³;

(aa) ⁸¹⁸ “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) ⁸²⁴ “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;

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