The Rules of the Court of Judicature (Northern Ireland) (Amendment No.4) 2011

Made: 14th December 2011

Laid before Parliament: 15th December 2011

Coming into force in accordance with rule 1

The Lord Chancellor, in exercise of the power conferred by paragraph 7 of Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011[^f00001] to make rules of court under section 55 and 55A of the Judicature (Northern Ireland) Act 1978 [^f00002], and paragraphs 2 to 4 and 6 of Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011, and after consulting the Lord Chief Justice of Northern Ireland in accordance with paragraph 7(2)(b) of that Schedule, makes the following Rules:

Citation, commencement and interpretation

1

These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No.4) 2011 and shall come into force the day after the day on which they are made.

2

In these Rules a reference to an Order or rule by number alone means the Order or rule so numbered in the Rules of the Court of Judicature (Northern Ireland) 1980 [^f00003].

Amendments to the Rules of the Court of Judicature (Northern Ireland) 1980

3

In Order 1, for “Order 116A, rule 2(1) and Order 116B, rule 2(1)” substitute “Order 116A, rule 2(1), Order 116B, rule 2(1) and Order 116C, rule 2(1)”.

4

After Order 116B, insert Order 116C (Proceedings under the Terrorism Prevention and Investigation Measures Act 2011), as set out in Schedule 1.

5

In the Appendix 1, after Form 37B, insert new Form 37C, as set out in Schedule 2.

SCHEDULE 1

SCHEDULE 2

Signed

Signed by the authority of the Lord Chancellor

J Djanogly — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 14th December 2011

Explanatory note

(This note is not part of these Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (“the principal Rules”) by—

• (a) amending Order 1 rule 2, so that it is subject to Order 116C rule 2;

• (b) inserting a new Order 116C containing rules about proceedings under the Terrorism Prevention and Investigation Measures Act 2011 (“the Act”) (including the modification of the application of certain other Parts of the Principal Rules for the purposes of those proceedings);and

• (c) inserting new Form 37C to be used in appeal under section 16 of the Act.

The Act provides for the imposition of measures by way of a TPIM notice on individuals the Secretary of State reasonably believes to be, or to have been, involved in terrorism-related activity.

Part 1 of Order 116C contains rules about the scope and application of the Order. Order 116C rule 2 modifies the overriding objective for the purposes of Order 116C by placing a duty on the court to ensure that information is not disclosed contrary to the public interest and by requiring that the overriding objective be read and given effect in such a way which is compatible with that duty. This, and the rest of Order 116C, is however subject to paragraph 5(1) of Schedule 4 to the Act which provides that nothing in Order 116C is to be read as requiring the court to act in a manner inconsistent with the TPIM subject’s right to a fair trial under Article 6 of the European Convention on Human Rights.

Part 2 contains rules about—

• (a) applications by the Secretary of State for permission to impose measures;

• (b) references of measures imposed by the Secretary of State without permission;

• (c) the requirement for directions to be given for a review hearing following permission being granted or a TPIM notice being confirmed by the Court: and

• (d) appeals to the High Court against—

• (i) the extension or revival of a TPIM notice;

• (ii) the variation, without the consent of the TPIM subject, of a measure imposed by a TPIM notice; or

• (iii) a decision by the Secretary of State on an application by the TPIM subject for permission in connection with a measure in the TPIM notice, for the revocation of a TPIM notice or for the variation of a measure imposed by a TPIM notice.

Oder 116C rule 7 modifies the application of Order 55 of the principal Rules to appeals to the High Court relating to TPIM notices. Rules 9 and 10 prescribe the time limit giving notice of appeal and for the Secretary of State’s reply.

Part 3 contains a rule modifying the application of Order 59 to appeals to the Court of Appeal against an order of the High Court in TPIM proceedings and prescribes the procedures for applying for leave to appeal, the time limits for appeal, striking out an appeal and the hearing of it.

The rules in Part 4 are general provisions applying to all proceedings to which Order 116C applies. They include provision for—

• applications for an order requiring anonymity for the TPIM subject (rule 18);

• hearings (rules19 to 21);

• notifying the Advocate General of proceedings, the functions of a special advocate and the special advocate’s communications with others (rules 22 to 24);

• the modification of the general rules of evidence and disclosure (rule 25;

• the filing and service of relevant material by the Secretary of State (rule 26);

• applications by the Secretary of State to withhold closed material from a relevant party (rules 27 and 28);

• the order in which the filing and service of material and submissions must take place and directions of the court (rules 29 and 30);

• the court to withhold any or part of its reasons when giving judgment if it is not possible to give reasons without disclosing information contrary to the public interest (rule 31);

• applications by the Secretary of State for the court to reconsider the terms of any order or direction given in the Secretary of State’s absence, or the terms of any judgment, to prevent the disclosure of information contrary to the public interest (rule 32).

Footnotes

[^f00001]: 2011 c.23

[^f00002]: 1978 c.23; to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4) and by Article 15 of and Schedule 17 to the Northern Ireland (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).