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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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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—

“the Act” means the Criminal Procedure and Investigations Act 1996⁸⁴⁹;

“acquitted person” means a person whose acquittal of an offence is the subject of a certification under section 54(2) of the Act and “acquittal” means the acquittal of that person of that offence;

“conviction” means the conviction which occasioned a certification under section 54(2) of the Act;

“deponent” means a deponent to an affidavit filed under rule 5, 7, 8 or 9;

“magistrates’ court” has the same meaning as in Article 2 of the Magistrates’ Courts (Northern Ireland) Order 1981⁸⁵⁰;

“prosecution” means the individual or body which acted as the prosecution in the proceedings which led to the acquittal;

“record of court proceedings” means a transcript of the evidence in the proceedings which led to the conviction for the administration of justice offence referred to in section 54(1)(b) of the Act or, as the case may be, the proceedings which led to the acquittal.

Exercise of jurisdiction

3

The jurisdiction of the High Court under section 54(3) of the Act shall be exercised, subject to rule 10(11), by a judge in chambers.

Time limit for making application

4

An application under section 54(3) of the Act shall be made not later than 28 days after—

(a) the expiry of the period allowed for appealing (whether by case stated or otherwise), or making an application for leave to appeal, against the conviction referred to in section 54(1)(b) of the Act; or

(b) where notice of appeal or application for leave to appeal against the conviction is given, the determination of the appeal or application for leave to appeal and, for this purpose, “determination” includes abandonment (within the meaning of rule 16 of the Criminal Appeal Rules (Northern Ireland) 1968⁸⁵¹ or, as the case may be, Article 150 of the Magistrates’ Courts (Northern Ireland) Order 1981⁸⁵²).

Application

5

(1) An application by the prosecution under section 54(3) of the Act shall be commenced by originating motion.

(2) The application shall be supported by an affidavit which deals with the conditions in section 55(1), (2) and (4) of the Act and which exhibits—

(a) any relevant documents (which may include a copy of any record of court proceedings); and

(b) a copy of the certification under section 54(2).

Notice to the acquitted person

6

(1) The prosecution shall serve the notice of motion along with any supporting affidavit on the acquitted person within 4 days of issue of the application and at the same time shall also serve a notice—

(a) specifying the date on which the notice of motion was issued; and

(b) informing the acquitted person that—

(i) the result of the application may be the making of an order by the High Court quashing the acquittal, and

(ii) if he wishes to respond to the application he must within 28 days of the date of service on him of the notice, file in the Central Office any affidavit on which he intends to rely.

(2) Order 10 rule 1(3) shall not apply in relation to any notice of motion served in accordance with paragraph (1).

Affidavit of service on an acquitted person

7

The prosecution shall, as soon as practicable after serving the documents referred to in rule 6, file in the Central Office an affidavit of service which exhibits both a copy of the notice of motion and a copy of the accompanying notice required to be served with the notice of motion.

Response of acquitted person

8

(1) If the acquitted person wishes to respond to the application, he shall, within 28 days of service on him under rule 6, file in the Central Office an affidavit which—

(a) deals with the conditions in section 55(1), (2) and (4) of the Act; and

(b) exhibits any relevant documents (which may include a copy of any record of court proceedings).

(2) The acquitted person shall, within 4 days of the filing of the documents mentioned in paragraph (1), serve a copy of them on the prosecution.

Evidence

9

[⁸⁵³ . . .]

(1) ⁸⁵⁴ The prosecution may, not later than 10 days after expiry of the period allowed under rule 8(1), apply ex parte for an order granting leave to file further affidavit evidence.

(2) If the Court grants leave, the order shall specify a period within which further affidavit evidence or records are to be filed, and the Central Office shall serve a copy of the order on the prosecution and on the acquitted person.

(3) The prosecution shall, within 4 days of filing further evidence in the Central Office, serve a copy of that evidence on the acquitted person.

Determination of the application

10

(1) Subject to paragraph (3), the Court shall determine whether or not to make an order under section 54(3) of the Act on the basis of the written material provided under rules 5, 7, 8 and 9 in the absence of the prosecution, the acquitted person, or of any deponent.

(2) The determination shall not be made and any hearing under paragraph (3) shall not take place before the expiry of—

(a) 10 days after the expiry of the period allowed under rule 8(1), or

(b) where the court has made an order under rule 9(3), 10 days after the expiry of any period allowed by that order.

(3) The Court may, of its own motion, or on the application of the prosecution or acquitted person, order a hearing of the application if it thinks fit.

(4) An application under paragraph (3) shall state whether a hearing is desired in order for a deponent for the other party to attend and be cross-examined and, if so, the reasons for wishing the deponent to attend.

(5) An application under paragraph (3) shall be made no later than 7 days—

(a) after the expiry of the period allowed under rule 8(1); or

(b) where the court has made an order under rule 9(3), after the expiry of any period allowed by that order.

(6) Where a hearing is ordered, the court may, of its own motion or on the application of the prosecution or acquitted person, order a deponent to attend in order to be cross-examined.

(7) The prosecution or the acquitted person, as the case may be, shall within 4 days after lodging an application under paragraph (3) serve a copy of it on the other party and file in the Central Office an affidavit of service.

(8) A party served under paragraph (7) shall, within 5 days of service, file any representations he wishes to make as to whether or not a hearing should be ordered.

(9) The Court shall not determine an application for a hearing under paragraph (3) unless—

(a) an affidavit of service has been filed as required by paragraph (7); and

(b) the period for filing representations allowed under paragraph (8) has expired, or

The requirements imposed by sub-paragraphs (a) and (c) are satisfied even though the affidavit of service or, as the case may be, the representations are filed outside the time limits allowed.

(10) The Central Office shall serve notice on the prosecution and the acquitted person of an order made under the foregoing paragraphs of this rule and where a hearing is ordered, the notice shall—

(a) set out the date, time and place of the hearing; and

(b) give details of any deponent ordered to attended for cross-examination.

(11) A hearing ordered under paragraph (3) above shall be in open court unless the Court otherwise directs.

(12) The Central Office shall serve notice of any order made under section 54(3) of the Act quashing the acquittal or of a decision not to make such an order on the prosecution, the acquitted person; and

(a) where the court before which the acquittal or conviction occurred was a magistrates’ court, on the clerk of petty sessions [⁸⁵⁵ . . .];

(b) where the court before which the acquittal or conviction occurred was the Crown Court, on the chief clerk of the Crown Court sitting at the place where the acquittal or conviction occurred.]

[ ORDER 119 — THE PROTECTION FROM HARASSMENT (NORTHERN IRELAND) 1997

Interpretation

1

In this Order “the Order” means the Protection from Harassment (Northern Ireland) Order 1997⁸⁵⁷.

Assignment of Proceedings

2

Proceedings under Article 5 of the Order shall be assigned to the Queen’s Bench Division.

Warrants of arrest

3

An application for the issue of a warrant for the arrest of the defendant under Article 5(3) of the Order shall—

(a) state that it is an application for the issue of a warrant for the arrest of the defendant;

(b) set out the grounds for making the application and be supported by affidavit or evidence on oath;

(c) state whether the plaintiff has informed the police of the defendant’s conduct on which the application is grounded; and

(d) state whether, to the plaintiff’s knowledge, criminal proceedings are being pursued.

Form of Warrant

4

A Warrant of Arrest issued in accordance with Article 5(3) shall be in Form 66 in Appendix A.

Proceedings

5

The court before whom a person is brought following his arrest may:

(a) determine whether the facts and the circumstances which led to the arrest amounted to disobedience of the injunction, or

(b) adjourn the proceedings and where such an order is made, the arrested person shall be released and—

(i) may be dealt with within 14 days of the day on which he was arrested; and

(ii) be given not less than 2 days notice of the adjourned hearing.

Saving

6

This Order shall apply to injunctions granted on or after the date of the commencement of this Order and injunctions granted before that date shall be treated as if this Order had not come into operation.]

[Order 120 — DEVOLUTION ISSUES UNDER SCHEDULE 10 TO THE NORTHERN IRELAND ACT 1998

PART I — INTRODUCTORY

Interpretation

1

In this Order—

“the appropriate Minister or department” means—the First Minister and the deputy First Minister acting jointly; orwhere they, acting jointly, determine under paragraph 36 of Schedule 10 that any power conferred on them by that Schedule in relation to any specified proceedings may be exercised by a specified Minister or Northern Ireland department, that Minister or department; and for this purpose “specified” means specified in a determination under that paragraph;

“the Court” means the High Court or the Court of Appeal;

“devolution issue” has the same meaning as in Schedule 10;

“the Judicial Committee” means the Judicial Committee of the Privy Council;

“originating process” means a writ, originating summons, originating motion, petition or any other method of beginning civil proceedings in the High Court;

“Schedule 10” means Schedule 10 to the Northern Ireland Act 1998⁸⁵⁹.

PART II — DEVOLUTION ISSUES RAISED IN THE HIGH COURT AND THE COURT OF APPEAL

Specification of devolution issue

2

(1) A party raising a devolution issue shall specify—

(a) if he is a plaintiff or petitioner in the originating process or, in the case of an action begun by writ, the statement of claim;

(b) if he is a defendant or a respondent to a petition, in the defence, counterclaim or answer;

(d) in any other case, in a notice filed in the Central Office and served on each of the other parties to the proceedings,

the facts and circumstances and points of law on the basis of which it is alleged that the devolution issue arises in sufficient detail to enable the Court to determine whether a devolution issue arises in the proceedings.

Notice of devolution issue

3

(1) Where a devolution issue has been raised in accordance with rule 2, the proper officer shall as soon as is practicable cause the matter to be drawn to the attention of the Court for the making of an order under paragraph 5 of Schedule 10 requiring notice of the devolution issue to be given to the Attorney General, the Attorney General for Northern Ireland and the appropriate Minister or department.

(2) Notice of a devolution issue shall specify 14 days, or such longer period as the Court may direct, as the period within which the person receiving notice may enter an appearance as a party in the proceedings so far as relating to the devolution issue.

Response to notice of devolution issue

4

Where the Attorney General, the Attorney General for Northern Ireland or the appropriate Minister or department enters an appearance as a party in the proceedings, he or it shall, within 21 days after the date when he or it entered the appearance, or such longer period as the Court may direct, file a document summarising his or its legal arguments in respect of the issue.

PART III — REFERENCES TO THE COURT OF APPEAL

Reference of devolution issue by High Court to Court of Appeal

5

(1) An Order paragraph 7 of Schedule 10 referring a devolution issue to the Court of Appeal shall set out in a schedule the devolution issue, which shall be settled by the judge after such directions to the parties as he may think desirable as to its manner and form.

(2) The proper officer shall transmit the order to the Court of Appeal.

(3) The proceedings in which a reference to the Court of Appeal is made shall, unless the High Court otherwise orders, be stayed until the issue has been determined.

Signing of reference by tribunal

6

A reference from a tribunal for the determination of a devolution issue by the Court of Appeal must be signed by the chairman or president of the tribunal.

Copies of determinations of Court of Appeal

7

The proper officer shall transmit a copy of the determination of the Court of Appeal to the court or tribunal which made the reference.

PART IV — REFERENCES OF DEVOLUTION ISSUE TO THE JUDICIAL COMMITTEE

Reference of devolution issue to the Judicial Committee

8

(1) Where—

(a) the Court of Appeal decides in accordance with paragraph 9 of Schedule 10 to refer a devolution issue to the Judicial Committee; or

(b) the High Court or the Court of Appeal in accordance with paragraph 33 of Schedule 10 is required by the Attorney General, the Attorney General for Northern Ireland, the appropriate Minister or department to refer a devolution issue to the Judicial Committees;

the Court shall make an order, which shall include a schedule setting out the devolution issue, referring the issue to the Judicial Committee.

(2) The Court may give directions to the parties as to the manner and form in which the schedule to the order is to be drafted.

(3) When the schedule has been settled by the Court, the Master (Queen’s Bench and Appeals) shall send the order for the reference to the Registrar of the Judicial Committee.

Stay of proceedings pending reference to Judicial Committee

9

The proceedings in which a reference is made shall, unless the Court otherwise orders, be stayed until the Judicial Committee has determined the devolution issue.]

[ ORDER 121 — THE HUMAN RIGHTS ACT 1998

Interpretation

1

In this Order—

“the Act” means the Human Rights Act 1998⁸⁶¹;

“appropriate person” has the same meaning as in section 9(5) of the Act;

“Convention rights” has the same meaning as in section 1 of the Act;

“the Court” means the High Court or the Court of Appeal as appropriate;

“declaration of incompatibility” means a declaration of incompatibility under section 4 of the Act;

“judicial act” has the same meaning as in section 9(5) of the Act;

“originating process” means a writ, originating summons, originating motion or any other method of bringing civil proceedings in the High Court;

“public authority” has the same meaning as in section 6(3) of the Act;

[⁸⁶² “subordinate legislation” has the same meaning as in section 21 of the Act].

Declaration of incompatibility: Notice to the Crown

2

(1) Where at any time in proceedings before the High Court or the Court of Appeal, the Court is considering whether to make a declaration of incompatibility it shall give notice—

(a) to the Crown; and

(b) to each of the parties to the proceedings as soon as practicable thereafter.

(2) Notice to the Crown under paragraph (1) shall be given by the Court having had regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of the United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947⁸⁶³.

(3) The notice referred to in paragraph (1) shall contain such information and be in such form as the Court considers necessary.

Declaration of incompatibility: Notice of intention to be joined as a party

3

(1) In any case to which section 5(1) of the Act applies, a Minister, Northern Ireland Department or other person entitled under section 5(2) of the Act to be joined as a party to the proceedings shall be so joined on giving notice in accordance with paragraph (2).

(2) The notice referred to in paragraph (1)—

(a) shall be in writing and shall be filed in the Central Office and a copy shall be served as soon as practicable thereafter on each of the parties to the proceedings;

(b) where a Minister has nominated a person under section 5(2)(a) of the Act, shall be accompanied by a copy of that nomination in writing.

(3) Where a party has been joined to the proceedings under paragraph (1), the Court may give such directions as it considers necessary for the further conduct of the proceedings.

[ Subordinate Legislation: Notice to the Crown

3A

(1) Where at any time in proceedings before the High Court or the Court of Appeal the Court is considering the compatibility of subordinate legislation with the Convention rights it shall give notice—

(a) to the Crown; and

(b) to each of the parties to the proceedings as soon as practicable thereafter.

(2) Notice to the Crown under paragraph (1) shall be given by the Court having regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of the United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947⁸⁶⁵.

(3) The notice referred to in paragraph (1) shall contain such information and be in such form as the Court considers necessary.

(4) Where notice has been given under paragraph (1) the Court may on application or of its own motion order that the Crown be joined as a party and may give such directions as it considers necessary for the further conduct of the proceedings.]

Commencement of proceedings

4

(1) Subject to paragraph (2), proceedings under section 7(1)(a) of the Act may be brought in the High Court in accordance with such provisions of these rules as relate to the application or other type of proceeding which it is sought to bring.

(2) Proceedings under section 7(1)(a) of the Act in respect of a judicial act, other than proceedings referred to in section 9(1)(a) and (b) of the Act, shall be brought in the High Court and may be commenced by writ or originating summons.

Proceedings

5

(1) A party who intends to rely on a Convention right or rights in proceedings before the High Court or the Court of Appeal shall state that fact and shall specify such details as are referred to in paragraph (2)—

(a) if he is a plaintiff or petitioner, in the originating process or in the case of an action begun by writ, the statement of claim;

(b) if he is a defendant or a respondent to a petition, in the defence, counterclaim or answer;

(c) if he is an applicant for leave to apply for judicial review, in the statement required under Order 53, rule 3(2)(a);

(d) subject to paragraph (3), if he is an appellant under Order 59 or an appellant from the County Court, in the notice of appeal;

(e) subject to paragraph (3), if he is an appellant under Order 55 Part II [⁸⁶⁶ ...], in the notice of motion;

(f) in any other case, in a notice filed in the Central Office and served on each of the other parties to the proceedings.

(2) The following shall be specified in accordance with paragraph (1)—

(a) details of the Convention right or rights which it is alleged have been (or would be) infringed and details of the alleged infringement;

(b) the relief sought;

(i) a declaration of incompatibility; or

(ii) damages in respect of a judicial act to which section 9(3) of the Act applies;

(d) where the relief sought includes a declaration of incompatibility, details of the legislative provision (or provisions) alleged to be incompatible and the grounds on which it is (or they are) alleged to be incompatible;

(e) where the proceedings are brought following a finding by another court or tribunal that a public authority has acted in a way which is made unlawful by section 6(1) of the Act, details of that finding;

(f) where the proceedings relate to a judicial act which is alleged to have infringed a Convention right or rights of a party as provided by section 9 of the Act, details of the judicial act complained of and of the court or tribunal which is alleged to have performed that act.

(3) Paragraph (1) shall not apply to an appellant in any appeal brought to the Court of Appeal or the High Court, except where such an appellant intends to rely on a Convention right or rights or grounds of incompatibility not relied upon by him before the court or tribunal from whose decision the appeal is brought.

Proceedings in respect of judicial act: Notice to appropriate person

6

(1) Where proceedings under section 7(1)(a) of the Act in respect of a judicial act are brought in accordance with section 9(1)(a) or (b) of the Act or rule 4(2), the Court shall give notice to those proceedings to the appropriate person.

(2) The notice referred to in paragraph (1) shall be given by the Court having had regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947.

(3) The notice referred to in paragraph (1) shall contain such information and be in such form as the Court considers necessary.

Proceedings in respect of judicial act: joinder of appropriate person

7

(1) Subject to paragraph (3), where notice has been given under rule 6, the appropriate person shall be joined as a party on giving notice in accordance with paragraph (2).

(2) ⁸⁶⁷ The notice referred to in paragraph (1) shall be in writing and—

(a) shall be filed in the Central Office, not later than 21 days, or such other period as the Court may specify, after the date of service of notice under rule 6;

(b) a copy shall be served on each of the parties to the proceedings as soon as practicable thereafter; and

(c) where a Minister has nominated a person or government department under section 9(5) of the Act, shall be accompanied by a copy of that nomination in writing.]

(3) Where the appropriate person does not give notice within the time allowed by paragraph (2), the Court may direct that the appropriate person be joined as a party to the proceedings.

(4) Where the appropriate person is joined as a party to the proceedings under paragraphs (2) or (3), the Court may give such directions as it considers necessary for the future conduct of the proceedings.]

[ ORDER 121 — THE HUMAN RIGHTS ACT 1998

Interpretation

1

In this Order—

“the Act” means the Human Rights Act 1998⁸⁶⁹;

“appropriate person” has the same meaning as in section 9(5) of the Act;

“Convention rights” has the same meaning as in section 1 of the Act;

“the Court” means the High Court or the Court of Appeal as appropriate;

“declaration of incompatibility” means a declaration of incompatibility under section 4 of the Act;

“judicial act” has the same meaning as in section 9(5) of the Act;

“originating process” means a writ, originating summons, originating motion or any other method of bringing civil proceedings in the High Court;

“public authority” has the same meaning as in section 6(3) of the Act.

Declaration of incompatibility: Notice to the Crown

2

(1) Where at any time in proceedings before the High Court or the Court of Appeal, the Court is considering whether to make a declaration of incompatibility it shall give notice—

(a) to the Crown; and

(b) to each of the parties to the proceedings as soon as practicable thereafter.

(2) Notice to the Crown under paragraph (1) shall be given by the Court having had regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of the United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947⁸⁷⁰.

(3) The notice referred to in paragraph (1) shall contain such information and be in such form as the Court considers necessary.

Declaration of incompatibility: Notice of intention to be joined as a party

3

(1) In any case to which section 5(1) of the Act applies, a Minister, Northern Ireland Department or other person entitled under section 5(2) of the Act to be joined as a party to the proceedings shall be so joined on giving notice in accordance with paragraph (2).

(2) The notice referred to in paragraph (1)—

(a) shall be in writing and shall be filed in the Central Office and a copy shall be served as soon as practicable thereafter on each of the parties to the proceedings;

(b) where a Minister has nominated a person under section 5(2)(a) of the Act, shall be accompanied by a copy of that nomination in writing.

(3) Where a party has been joined to the proceedings under paragraph (1), the Court may give such directions as it considers necessary for the further conduct of the proceedings.

Commencement of proceedings

4

(1) Subject to paragraph (2), proceedings under section 7(1)(a) of the Act may be brought in the High Court in accordance with such provisions of these rules as relate to the application or other type of proceeding which it is sought to bring.

(2) Proceedings under section 7(1)(a) of the Act in respect of a judicial act, other than proceedings referred to in section 9(1)(a) and (b) of the Act, shall be brought in the High Court and may be commenced by writ or originating summons.

Proceedings

5

(1) A party who intends to rely on a Convention right or rights in proceedings before the High Court or the Court of Appeal shall state that fact and shall specify such details as are referred to in paragraph (2)—

(a) if he is a plaintiff or petitioner, in the originating process or in the case of an action begun by writ, the statement of claim;

(b) if he is a defendant or a respondent to a petition, in the defence, counterclaim or answer;

(c) if he is an applicant for leave to apply for judicial review, in the statement required under Order 53, rule 3(2)(a);

(d) subject to paragraph (3), if he is an appellant under Order 59 or an appellant from the Country Court, in the notice of appeal;

(e) subject to paragraph (3), if he is an appellant under Order 55 Part II or Order 60, in the notice of motion;

(f) in any other case, in a notice filed in the Central Office and served on each of the other parties to the proceedings.

(2) The following shall be specified in accordance with paragraph (1)—

(a) details of the Convention right or rights which it is alleged have been (or would be) infringed and details of the alleged infringement;

(b) the relief sought;

(i) a declaration of incompatibility; or

(ii) damages in respect of a judicial act to which section 9(3) of the Act applies;

(d) where the relief sought includes a declaration of incompatibility, details of the legislative provision (or provisions) alleged to be incompatible and the grounds on which it is (or they are) alleged to be incompatible;

(e) where the proceedings are brought following a finding by another court or tribunal that a public authority has acted in a way which is made unlawful by section 6(1) of the Act, details of that finding;

(f) where the proceedings relate to a judicial act which is alleged to have infringed a Convention right or rights of a party as provided by section 9 of the Act, details of the judicial act complained of and of the court or tribunal which is alleged to have performed that act.

(3) Paragraph (1) shall not apply to an appellant in any appeal brought to the Court of Appeal or the High Court, except where such an appellant intends to rely on a Convention right or rights or grounds of incompatibility not relied upon by him before the court or tribunal from whose decision the appeal is brought.

Proceedings in respect of judicial act: Notice to appropriate person

6

(1) Where proceedings under section 7(1)(a) of the Act in respect of a judicial act are brought in accordance with section 9(1)(a) or (b) of the Act or rule 4(2), the Court shall give notice to those proceedings to the appropriate person.

(2) The notice referred to in paragraph (1) shall be given by the Court having had regard to the list of authorised Northern Ireland Departments or authorised Departments of the Government of United Kingdom published in pursuance of section 17 of the Crown Proceedings Act 1947.

(3) The notice referred to in paragraph (1) shall contain such information and be in such form as the Court considers necessary.

Proceedings in respect of judicial act: joinder of appropriate person

7

(1) Subject to paragraph (3), where notice has been given under rule 6, the appropriate person shall be joined as a party on giving notice in accordance with paragraph (2).

(2) The notice referred to in paragraph (1) shall be in writing and shall be filed—

(a) in the Central Office, not later than 21 days, or such other period as the Court may specify, after the date of service of notice under rule 6; and

(b) a copy shall be served on each of the parties to the proceedings as soon as practicable thereafter.

(3) Where the appropriate person does not give notice within the time allowed by paragraph (2), the Court may direct that the appropriate person be joined as a party to the proceedings.

(4) Where the appropriate person is joined as a party to the proceedings under paragraphs (2) or (3), the Court may give such directions as it considers necessary for the future conduct of the proceedings.].

[ ORDER 122 — THE COMPETITION ACT 1998

Interpretation

1

In this Order—

“the Act” means the Competition Act 1998⁸⁷²;

“the CMA” means the Competition and Markets Authority;

“Respondent” means the occupier of the premises to which the warrant relates; and

expressions used have the same meaning as in the Act.

Exercise of jurisdiction

2

The jurisdiction of the court under section 28 ... of the Act may be exercised by a judge in chambers.

Application for a warrant

3

(1) An application for a warrant under section 28 ... of the Act may be made ex-parte by originating summons.

(2) An originating summons under paragraph (1) shall be entitled in the matter of the respondent, naming him, and in the matter of the Act.

(3) An application under paragraph (1) shall be supported by an affidavit which shall state—

(a) that a warrant is sought and the section of the Act under which it is sought;

(b) the address or other identification of the premises to which the warrant relates and the connection between the Respondent and those premises;

(d) the subject matter and purpose of the investigation to which the warrant relates, including the nature of the suspected infringement of the Chapter I or II prohibitions ...;

(e) the anticipated date for the execution of the warrant;

(f) the name of the officer(s) of the CMA who will execute the warrant and whose name will appear on the warrant;

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) the position held by the named officer(s) of the CMA; and

shall be accompanied by a draft of the warrant being sought.

(4) A copy of the authorisation containing the names of the named officer(s) of the Director shall be annexed to the affidavit.

(5) Unless the court otherwise directs, an affidavit for the purposes of this rule may contain statements of information or belief with the sources and grounds thereof.

(6) The summons, affidavit and draft warrant shall be lodged with the Court not less than two clear days before the date fixed for hearing of the summons.

(7) A warrant issued under section 28 of the Act shall be in Form No. 69.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[ ORDER 123 — PROCEEDS OF CRIME ACT 2002 – CIVIL RECOVERY

PART I — INTRODUCTORY

[ Interpretation

1

In this Order—

“the Act” means the Proceeds of Crime Act 2002 and a section referred to by a number means the section so numbered in the Act, and expressions used have the same meaning in this Order as in the Act;

“the Order in Council” means the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005⁸⁷⁵, and expressions used have the same meaning in this Order as in the Order in Council;

“civil recovery proceedings” means proceedings under Part 5 of the Act or, as the case may be, Part 5 of the Order in Council;

[⁸⁷⁶ “management receiver” means a receiver appointed under section 245E of the Act, or, as the case may be, under Article 150A of the Order in Council;

“management receiving order” means an order made under section 245E of the Act, or, as the case may be, under Article 150A of the Order in Council;]

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

“the Regulations” means the Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) (Regulations) 2005⁸⁷⁷;

“taxing master” means the Master (Taxing Office)].

Assignment of Proceedings

2

In this Order the jurisdiction of the High Court under the Act [⁸⁷⁸ or Part 5 of the Order in Council] shall be assigned to the Queen’s Bench Division and shall be exercised by a judge in chambers.

[ Pseudonyms

3

Where a member of staff—

(i) of the Serious Organised Crime Agency in relation to whom a direction under section 449 has effect, or

(ii) of the relevant Director in relation to whom a direction under section 449A has effect,

gives written or oral evidence under this Order, a copy of the certificate issued under section 449(3) or 449A(3) shall be filed in the appropriate office.]

PART II — [ CIVIL RECOVERY PROCEEDINGS UNDER PART 5 OF THE ACT OR PART 5 OF THE ORDER IN COUNCIL]

Title of proceedings

4

(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 [⁸⁷⁸ or, as the case may be, Part 5 of the Order in Council] and all subsequent documents in the matter shall be so entitled.

(2) An originating summons shall be regarded as the claim form referred to in Part 5 of the Act, the plaintiff shall be regarded as the claimant referred to in that Part and the defendant shall be regarded as the respondent referred to in that Part.

[ Application for a recovery order

5

(1) An application by [⁸⁸² the enforcement authority] for a recovery order under section 243 shall be made by originating summons.

(2) An application for a recovery order based on an external order shall include an application to register the external order (a copy of which shall accompany the application under paragraph (1)).

(3) An application under paragraph (1) shall be supported by an affidavit which shall contain the following—

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

(b) identify the property in respect of which the order is sought;

(d) details of any person who is alleged to hold the property; and

(e) details of the person nominated by [⁸⁸² the enforcement authority] under section 267 or Article 178 of the Order in Council to act as trustee for civil recovery.

(4) The application and affidavit in support shall be served in accordance with section 243(2) or, as the case may be, Article 143(2) of the Order in Council not less than seven days before the date fixed for the hearing of the application.

(5) Where the application under paragraph (1) includes an application to register an external order, and—

(a) the sum specified in the external order is expressed in a currency other than sterling; and

(b) there are not sufficient funds held in the United Kingdom in the currency in which the sum specified is expressed to satisfy the external order,

the application shall state the sterling equivalent of the sum specified (which shall, in accordance with Article 145(2) of the Order in Council, be calculated in accordance with the exchange rate prevailing at the end of the day on which the external order is made).]

6

An application for an order dispensing with service under section 243(2)(b) [⁸⁸³ or, as the case may be, Article 143(2)(b) of the Order in Council,] may be made by an affidavit stating the facts on which the application is founded.

[ Application for a property freezing order [,] an interim receiving order [ or a management receiving order]

7

(1) An application by [⁸⁸² the enforcement authority] for—

(a) a property freezing order under section 245A or, as the case may be, Article 147 of the Order in Council; or

(b) an interim receiving order under section 246 or, as the case may be, Article 151 of the Order in Council [⁸⁸⁶; or]

may be made by 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 support of the application;

(b) to the best of the deponent’s ability, give full particulars of the property in respect of which the order is sought;

(c) state whether each piece of property is alleged to be recoverable or associated property and the matters relied upon in support of those allegations;

(d) state who is believed to hold the property or, if [⁸⁸⁶ the enforcement authority] has not established the identity of the person who holds it, specify the steps that have been taken to do so.

(3) In the case of an application for an interim receiving order, [⁸⁸⁷ or for a management receiving order,] the affidavit under paragraph (2) shall also—

(a) ⁸⁸⁸ specify the person nominated by the enforcement authority (“the nominee”) under section 246 of the Act or Article 151 of the Order in Council to act as interim receiver, or, as the case may be, under section 245E of the Act or Article 150A of the Order in Council to act as a management receiver;]

(b) where [⁸⁸⁶ the enforcement authority] wishes the Court to authorise the nominee to act without the giving of security or before he has given security, specify the reasons why [⁸⁸⁶ the enforcement authority] considers this to be necessary;

(d) have exhibited thereto, an affidavit by a deponent who knows the nominee, stating that he believes that the nominee is a suitable person to be appointed as receiver and the grounds for that belief.

(4) Where a property freezing order [⁸⁸⁹,] an interim receiving order [⁸⁸⁷, or a management receiving order] is made, unless the Court directs otherwise, [⁸⁸⁶ the enforcement authority] shall serve a copy of the order and the affidavit in support [⁸⁸⁶ on] the defendant and any other person of whom [⁸⁸⁶ the enforcement authority] is aware who may be affected by the order.]

[ Initial exclusion from property freezing order or interim receiving order

7A

(1) Where the Court makes a property freezing order or interim receiving order on an ex parte application, it may make an exclusion from the order (in this rule referred to as an “initial exclusion”) for the purpose of enabling a person to meet his reasonable legal expenses so that he may—

(a) take advice in relation to that order;

(b) prepare a statement of assets in accordance with rule 10A(3); and

(2) The total amount specified in the initial exclusion shall not, unless the Court otherwise directs, exceed £3,000.

(3) Where the Court makes a property freezing order or interim receiving order before an application for a recovery order has been made, it may make an exclusion from that order for the purpose of enabling a person to meet his reasonable legal expenses so that—

(a) when an application for a recovery order is made, he may enter an appearance and file any affidavit evidence on which he intends to rely;

(b) he may apply for a further exclusion for the purpose of enabling him to meet his reasonable legal expenses in respect of any civil recovery proceedings.]

[...] Receivers

8

(1) Subject to rules 9 to 11, the provisions of Order 30 rules 2 to 7 shall apply where an interim receiver [⁸⁹² or a management receiver] is appointed by virtue of an interim receiving order [⁸⁹² or a management receiving order.]

(2) A receiver may apply for an order to discharge him from office by making an application, which shall be served, together with any evidence of 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 directions

9

(1) ⁸⁹³ An application for directions as to the exercise of the functions of—

(a) an interim receiver under section 251 of the Act or Article 156 of the Order in Council; or

(b) a management receiver under section 245G of the Act or Article 150C of the Order in Council,

shall be made by way of summons.]

(2) The summons and any affidavit in support shall, not less than two days before the date fixed for the hearing of the summons, be lodged with the Court and served on—

(a) the interim receiver [⁸⁹² or, as the case may be, the management receiver], where he is not the applicant;

(b) the other party or parties to the proceedings; and

[ Application to vary or set aside property freezing order [,] interim receiving order [ or management receiving order]

10

(1) An application to vary or set aside a property freezing order or an interim receiving order (which may include an application for an exclusion from the order) [⁸⁹², or a management receiving order] shall be made by summons.

(2) Unless the Court otherwise directs, the summons and any affidavit in support shall, not less than two days before the date fixed for the hearing of the summons, be filed in the Central Office and be served on—

(a) the other party or parties to the proceedings;

(b) in the case of an application to vary or set aside an interim receiving order, the interim receiver (where he is not the applicant); [⁸⁹¹ ...]

(ba) ⁸⁹⁶ in the case of an application to vary or set aside a management receiving order, the management receiver (where he is not the applicant); and]

(3) Where the application under paragraph (1) includes an application for an exclusion for the purpose of enabling a person to meet his reasonable legal expenses, the affidavit in support shall—

(a) contain full details of the stage or stages in civil recovery proceedings in respect of which the expenses in question have been or shall be incurred;

(b) include an estimate of the expenses which the person has incurred and shall incur in relation to each stage to which the application relates;

(c) include a statement of assets containing the information set out in rule 10A(3), unless the person has previously filed such a statement in the same civil recovery proceedings);

(d) where the Court has previously made an exclusion in respect of any stage to which the application relates, explain why the person’s expenses shall exceed the amount specified in the exclusion for that stage; and

(e) state whether the terms of the exclusion have been agreed with [⁸⁹⁷ the enforcement authority].

[ Exclusions for the purpose of meeting legal expenses: general provisions

10A

(1) Where the Court makes or varies a property freezing order or an interim receiving order, it shall at the same time consider whether it is appropriate to make an exclusion for the purpose of enabling any person to meet his reasonable legal expenses.

(2) Before making an exclusion for the purpose of enabling a person to meet his reasonable legal expenses, other than an initial exclusion under rule 7 A(1), the Court shall require that person to file in the Central Office a statement of assets.

(3) A statement of assets shall be contained in an affidavit and shall set out all the assets which the maker of the statement owns, holds or controls, giving the value, location and details of those assets, and information given in any such statement shall only be used for the purpose of the civil recovery proceedings.

(4) The Court shall normally refer to the taxing master any question relating to the amount which an exclusion should allow for reasonable legal expenses in respect of proceedings or a stage in proceedings.

(5) An exclusion for the purpose of enabling a person to meet his reasonable legal expenses shall be made subject to the required conditions specified in Part 2 of the Regulations.

(6) An exclusion made for the purpose of enabling a person to meet his reasonable legal expenses shall specify—

(a) the stage or stages in civil recovery proceedings to which it relates;

(b) the maximum amount which may be released in respect of legal expenses for each specified stage; and

(7) Where the person to whose legal expenses an exclusion relates becomes aware that—

(a) his legal expenses in respect of any stage in civil recovery proceedings have exceeded or shall exceed the total amount specified in the exclusion for that stage; or

(b) his total legal expenses in respect of all the stages to which the exclusion applies have exceeded or shall exceed the total amount that may be released pursuant to the exclusion,

he shall, as soon as reasonably practicable, make an application under rule 10(1) for a further exclusion.

Assessment of expenses where recovery order is made

10B

(1) Where the Court—

(a) makes a recovery order in respect of property which was the subject of a property freezing order or interim receiving order; and

(b) had made an exclusion from the property freezing order or interim receiving order for the purpose of enabling a person to meet his reasonable legal expenses;

the Court shall make provision under section 266(8A) or, as the case may be, Article 177(10) of the Order in Council in the recovery order for the payment of those expenses.

(2) Where the Court makes a recovery order which provides for the payment of the reasonable legal expenses which a person has incurred in civil recovery proceedings, it shall direct that the expenses be taxed by the taxing master.

Registers

10C

There shall be kept in the Central Office, under the direction of the Master a register of external orders which the High Court has ordered to be registered.]

Leave

11

(1) An application for leave under section 253(3) shall be made by summons.

(2) The summons and any affidavit in support shall be served, not less than two days before the date for the hearing of the application on:

(a) the tenant;

(b) the person against whom the interim receiving order has been made;

(d) any other person of whom the applicant is aware who may be affected by the court’s decision.

Compensation

12

An application for an order under section 283 shall be made by summons which shall be served, with any supporting evidence, on [⁸⁹⁹ the enforcement authority] not less than seven days before the date fixed for hearing.

PART III — PART 8 OF THE ACT

Title and service of proceedings

13

(1) Subject to rules 20 and 22, 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 outside the jurisdiction with the leave of the Court.

Confidentiality

14

No documents filed in the Central Office in connection with proceedings under this Part of this Order shall be open to inspection without the leave of the Court and no copy of any such document or an extract thereof shall be taken by or issued to any person without such leave.

Production Order

15

(1) An application for a production order under section 345 may be made ex parte by originating summons and shall name as defendant the person believed to be in possession or control of the material in relation to which the order is sought.

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

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

(b) confirmation of whether the order sought is under section 345(4)(a) or section 345(4)(b).

16

Any copy of a production order which is served on the defendant shall have indorsed thereon a statement of the right of any person affected by the order to apply for its variation or discharge.

Order to grant entry

17

(1) An application for an order to grant entry under section 347 (which may be joined with an application for a production order) may be made ex parte by summons and shall name as defendant the occupier of the premises in relation to which the order is sought.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall include full particulars of the grounds for the application.

18

Any copy of an order to grant entry which is served on the defendant shall have indorsed thereon a statement of the right of any person affected by it to apply for its variation or discharge.

Search and seizure warrant

19

(1) An application for a search and seizure warrant under section 352 may be made ex parte by originating summons and shall name as defendant the occupier of the premises in relation to which the order is sought.

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

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

(b) the address or other identification of the premises to which the application relates;

(d) the name and position of the [⁹⁰⁰ appropriate person] who will execute the warrant; [⁹⁰¹...] and

(e) the name and position of any [⁹⁰⁰ other person] who is authorised by [⁹⁰⁰ the senior appropriate officer] to accompany the [⁹⁰⁰ appropriate person] (“authorised officer”); and

shall be accompanied by a draft of the warrant being sought.

(3) A copy of the authorisation containing the name of any authorised officer shall be annexed to the affidavit.

(4) A search and seizure warrant issued under section 352 shall be in Form No. 72.

Application for disclosure order

20

(1) An application by [⁹⁰⁰ the relevant authority] for a disclosure order under section 357 may be made ex parte by originating summons and shall—

(a) wherever possible, name as defendant any person on whom [⁹⁰⁰ the relevant authority] intends to serve notice in accordance with section 357(4); and

(b) be entitled in the matter of the Act and in the name of the defendant, naming him or, where the defendant is not named in the application, in the matter of the property which is the subject of the civil recovery investigation, and all subsequent documents in the matter shall be so entitled.

(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; and

(b) details of the action to be taken under section 357(4) for which the order is sought.

Disclosure order

21

Where, pursuant to a disclosure order, [⁹⁰⁰ the appropriate officer] gives notice to a person under section 357(4), he shall at the same time serve on that person a copy of the disclosure order which shall—

(a) be indorsed with a statement of the right of any person affected by the order to apply for its variation or discharge; and

(b) have prominently displayed on the front thereof a warning in Form No. 73 in Appendix A.

Application for customer information order

22

(1) An application by [⁹⁰⁰ an appropriate officer] for a customer information order under section 363 may be made ex parte by originating summons and shall—

(a) wherever possible, name as a defendant any financial institution which the order sought is intended to cover; and

(b) be entitled in the matter of the Act and in the matter of the defendant, naming him, or if the defendant is not named in the application, in the matter of the property which is the subject of the civil recovery investigation, and all subsequent documents in the matter shall be so entitled.

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

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

(b) the name and position of the [⁹⁰² appropriate officer] to whom the customer information is to be given.

Customer information order

23

Where pursuant to a customer information order, [⁹⁰² an appropriate officer] gives notice under section 363(5) to a financial institution, he shall at the same time serve on that financial institution a copy of the customer information order which shall—

(a) be indorsed with a statement of the right of any person affected by the order to apply for its variation or discharge; and

(b) have prominently displayed on the front thereof a warning in Form No. 74 in Appendix A.

Account monitoring order

24

(1) An application by [⁹⁰² an appropriate officer] for an account monitoring order under section 370 may be made ex parte by originating summons and shall name as defendant the financial institution against which the order is sought.

(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) the name of any person who holds an account to which the application relates;

(c) details of each account, or description of account, in relation to which the order is sought, in particular, the number of each account and the address of the branch at which it is held, if known;

(d) details of the information that is sought about each account;

(e) the period of time for which the order is sought; and

(f) the manner in which and the frequency with which it is proposed that the defendant should provide the information.

25

Any copy of an account monitoring order which is served by [⁹⁰² an appropriate officer] shall have indorsed thereon a statement of the right of any person affected by the order to apply for its variation or discharge.

Discharge and variation

26

(1) In this Rule, “an investigation order” shall mean an order made under section 345(1), section 347(1), section 357(1), section 363(1) and section 370(1).

(2) An application by a person affected by an investigation order for its variation or discharge may be made by summons which, together with any evidence in support, shall be lodged with the Court and served on [⁹⁰³ the appropriate officer] not less than two days before the date fixed for the hearing of the summons.

(3) An application by [⁹⁰³ an appropriate officer] to have an investigation order varied or discharged may be made ex parte by summons which shall, together with any affidavit in support, be lodged with the Court not less than two days before the date fixed for hearing the summons.]

[ ORDER 124 — SERIOUS CRIME ACT 2007 – SERIOUS CRIME PREVENTION ORDERS

Interpretation

1

In this Order—

“the 2007 Act” means the Serious Crime Act 2007⁹⁰⁵, a section referred to by number means the section so numbered in the Act, and expressions used have the same meaning as in the Act.

Assignment of proceedings

2

In this Order, the jurisdiction of the High Court under the Act shall be assigned to the Queen’s Bench Division.

Application for a serious crime prevention order

3

(1) An application under section 8(b) for a serious crime prevention order shall be made by originating summons.

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

(a) specify the provisions of section 3(1) relied upon, and in respect of each such provision, give full particulars of the allegations that the defendant has been involved in serious crime (whether in Northern Ireland or elsewhere);

(b) state the plaintiff’s grounds for contending that the proposed terms of the serious crime prevention order are appropriate for the purpose of protecting the public in accordance with section 1(3); and

(c) give full particulars of any third party whom the plaintiff believes is likely to be significantly affected by the serious crime prevention order and the nature of that adverse effect.

(3) The application shall be accompanied by a draft of the serious crime prevention order for which the application is made and shall specify the dates upon which the plaintiff proposes that the serious crime prevention order should come into force and cease to be in force.

(4) Where it is alleged that the defendant has been convicted of a serious offence in Northern Ireland, the application shall be accompanied by a certificate of conviction.

(5) Where it is alleged that the defendant has been convicted of an offence in another jurisdiction, the plaintiff shall attach—

(a) a document from the appropriate public authority in the jurisdiction concerned certifying that the defendant has, after due process of law, been convicted of the offence; and

(b) where the document is not in English, a translation of that document into English—

(i) certified by a notary public or other qualified person; or

(ii) authenticated by affidavit.

(6) The plaintiff shall serve a copy of the application, affidavit in support and any other documents required under paragraphs (3)–(5) as soon as is practicable upon—

(a) the Court;

(b) the defendant; and

(7) The Court shall not determine an application under paragraph (1) unless—

(a) the defendant has had an opportunity to make representations at the hearing of that application; and

(b) any person on whom the making of the order would be likely to have a significant adverse effect has had an opportunity to make representations before the Court about the making of the order.

Application to vary or discharge a serious crime prevention order

4

(1) An application to vary a serious crime prevention order under section 17(2) or to discharge a serious crime prevention order under section 18(1)(b) shall be made by way of notice of motion.

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

(a) where the applicant is the defendant, details of the change of circumstances affecting the serious crime prevention order;

(b) where the application is to vary a serious crime prevention order, particulars of how the terms of the order as varied would protect the public in accordance with section 17(2);

(i) details of any third party whom he believes is likely to be significantly adversely affected by the proposed variation of the serious crime prevention order; and

(ii) details of the nature of that adverse effect;

(d) where a third party seeks to vary a serious crime prevention order—

(i) particulars of why he believes that he is significantly adversely affected by the order;

(ii) particulars of how condition A or B in section 17 is met; and

(iii) particulars relied upon to establish that the purpose of the application is not to make the serious crime prevention order more onerous on the person who is the subject of the order; and

(e) where a third party applies for the discharge of a serious crime prevention order, particulars of—

(i) why he believes that he is significantly adversely affected by the order; and

(ii) how condition A or B in section 18 is met.

(3) Where the application is to vary or discharge a serious crime prevention order made by the Crown Court, the application must be accompanied by a copy of that order.

(4) Unless the Court otherwise directs, the summons and affidavit in support shall, not less than two days before the date fixed for the hearing of the summons, be filed in the Central Office and be served upon—

(a) the Court; and

(b) where he is not the party bringing the application—

(i) the defendant;

(ii) the plaintiff; and

(iii) any person on whom the applicant is aware the variation or discharge of the order would be likely to have a significant adverse effect.

(5) The Court shall not determine an application under paragraph (1) unless—

(a) the defendant;

(b) the plaintiff; and

(c) any person on whom the order would be likely to have a significantly adverse effect, in accordance with section 17(5) or 18(4),

has had an opportunity to make representations at the hearing of that application.

Application by a third party to make representations in relation to a serious crime prevention order

5

(1) An application by a third party under section 9 to make representations in proceedings in relation to a serious crime prevention order shall contain details of why the third party believes the proposed order would be likely to have a significant adverse effect on him.

(2) An application under paragraph (1) shall be made as soon as is practicable by serving written notice upon—

(a) the Court;

(b) the plaintiff;

(d) any other person on whom the order would be likely to have a significant adverse effect.

Appeals in relation to serious crime prevention orders

6

(1) Where an appeal is made under either section 35 of the Act or section 23(1) of the 2007 Act in respect of a serious crime prevention order, the appellant shall serve a copy of the notice of appeal on any party to the proceedings which are the subject of the appeal, including any person who was given the opportunity to make representations in these proceedings.

(2) Order 59 (Appeals to the Court of Appeal) applies to an appeal to the Court of Appeal in respect of a serious crime prevention order made by the High Court.]

[ ORDER 125 — CORONERS AND JUSTICE ACT 2009 – EXPLOITATION PROCEEDS ORDERS

Interpretation

1

In this Order—

“defendant” has the same meaning as respondent in the Act;

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

“the Act” means the Coroners and Justice Act 2009⁹⁰⁷, a section referred to by number means the section so numbered in the Act, and expressions used have the same meaning as in the Act;.

Assignment of proceedings

2

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 of proceedings

3

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

Application for an exploitation proceeds order

4

(1) An application under section 161 for an exploitation proceeds order shall be made by originating summons in Form No. 7 of Appendix A.

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

(a) provide evidence that the Advocate General for Northern Ireland has consented to the application being brought;

(b) provide evidence that the defendant is a qualifying offender in accordance with sections 156, 157 or 158(3) by attaching—

(i) a certificate of conviction or finding by a United Kingdom court in respect of a relevant offence; or

(ii) where the defendant falls under section 156(3), a document from a court or authority, in the jurisdiction concerned, confirming the conviction or finding by that court in respect of a relevant offence;

(d) identify the benefits derived by the defendant from such exploitation; and

(e) specify the reasons why an exploitation proceeds order should be made, having regard to the matters mentioned in section 162(3).

(3) Where a document provided in accordance with paragraph (2)(b)(ii) is not in English, it shall be accompanied by a translation of that document into English and shall be certified by the translator to be a correct translation; and the certificate shall contain a statement of that person’s full name, his address and qualifications for making the translation.

Application following conviction being quashed

5

(1) An application under section 166(3) or (5) shall be made by way of summons.

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

(a) specify how the conditions in sections 166(1), 166(2) or 166(4) are satisfied; and

(b) attach—

(i) a certificate of order as evidence of the conviction in respect of the relevant offence having been quashed; or

(ii) a document from a court or authority in the jurisdiction concerned, confirming that the conviction in respect of the relevant offence has been quashed.

(3) Where a document provided in accordance with paragraph (2)(b)(ii) is not in English, it shall be accompanied by a translation of that document into English and shall be certified by the translator to be a correct translation; and the certificate shall contain a statement of that person’s full name, his address and qualifications for making the translation.

Repeat applications

6

An application under section 167 shall be made by way of summons, supported by affidavit, which shall—

(a) give full particulars of the grounds of the application in accordance with rule 4(2); and

(b) attach a transcript of the earlier application along with a copy of the earlier order.

Additional proceeds reporting order

7

(1) Where an additional proceeds reporting order is sought under section 168, an application for an order may be included in the originating summons under rule 4(1), and the affidavit in support shall specify the reasons as to why the order is sought having regard to section 168(2).

(2) An application to vary or discharge an additional proceeds reporting order may be made by—

(a) the defendant; or

(b) the person to whom financial reports are to be made under the order.

(3) An application under paragraph (2) shall be made by way of summons supported by affidavit, which shall—

(a) attach a copy of the order made under section 168; and

(b) specify the reasons for the variation or discharge sought.]

[ ORDER 126 — CLOSED MATERIAL PROCEDURE

PART I — APPLICATION OF THIS ORDER

Scope and interpretation

1

(1) This Order contains rules—

(a) about—

(i) applications under sections 6(2), 7(4) and 18(1) of the Justice and Security Act 2013;

(ii) closed material applications in section 6 proceedings;

(iii) section 6 proceedings; and

(b) about appeals to the Court of Appeal where there have been proceedings on or in relation to any matter within sub-paragraph (a) in the High Court.

(2) Subject to paragraph (3), in this Order—

(a) “the Act” means the Justice and Security Act 2013;

(b) “closed material application” means an application of the kind mentioned in section 8(1)(a) of the Act;

(d) “relevant person” is to be construed in accordance with section 14(1) of the Act;

(e) “section 6 proceedings” is to be construed in accordance with section 14(1) of the Act;

(f) “sensitive material” has the meaning given by section 6(11) of the Act;

(g) “special advocate” means a person appointed under section 9(1) of the Act;

(h) “specially represented party” means a party whose interests a special advocate represents.

(3) In relation to proceedings arising by virtue of section 18 of the Act (review of certification)—

(a) a reference to the relevant person is to be read as a reference to the Secretary of State; and

(b) a reference to the interests of national security includes a reference to the interests of the international relations of the United Kingdom.

Modification to the overriding objective

2

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