The Civil Procedure (Amendment No.2) Rules 2008

Made: 2nd December 2008

Laid before Parliament: 3rd December 2008

Coming into force: 4th December 2008

The Lord Chancellor, in exercise of the powers conferred by section 72 of the Counter-Terrorism Act 2008¹ to make rules of court under section 1 of the Civil Procedure Act 1997² and sections 66 and 67 of the Counter-Terrorism Act 2008, and after consulting the Lord Chief Justice of England and Wales in accordance with section 72(2) of that Act, makes the following Rules:

Citation, commencement and interpretation

1

These Rules may be cited as the Civil Procedure (Amendment No.2) Rules 2008 and come into force on 4th December 2008.

2

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

Amendments to the Civil Procedure Rules 1998

3

In rule 1.2(b), for “rule 76.2” substitute “rules 76.2 and 79.2”.

4

After Part 78 insert Part 79 (Financial Restrictions Proceedings under the Counter-Terrorism Act 2008) as set out in the Schedule to these Rules.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 2nd December 2008

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Civil Procedure Rules 1998 by—

• (a) amending rule 1.2 so that it is subject to both rules 76.2 and 79.2;

• (b) inserting a new Part 79 containing rules about financial restrictions proceedings under the Counter-Terrorism Act 2008; and

• (c) modifying the application of certain other Parts of the Civil Procedure Rules 1998 for the purposes of those proceedings.

The Counter-Terrorism Act 2008 provides for financial restrictions proceedings, including the application to the High Court to set aside a financial restrictions decision. The new Part 79 inserted into the Civil Procedure Rules 1998 by these Rules sets out the procedure for such applications to the High Court and any appeal to the Court of Appeal.

Section 1 of Part 79 contains rules about the scope and application of the Part. In particular, rule 79.2 modifies the overriding objective in Part 1 of the Civil Procedure Rules 1998, where Part 79 applies, to place a duty on the court to ensure that information is not disclosed contrary to the public interest and to require the court to read and give effect to the overriding objective in a way which is compatible with this duty.

Section 2 of Part 79 contains rules about the court procedure relating to applications to set aside a financial restrictions decision.

Section 3 of Part 79 provides that Part 52 of the Civil Procedure Rules 1998 applies to an appeal to the Court of Appeal against an order of the High Court in financial restrictions proceedings subject to rule 79.2 (modification of the overriding objective) and Section 4 of Part 79. A copy of the appellant’s notice must be served on any special advocate (if one has been appointed).

Section 4 of Part 79 contains rules which apply to all financial restrictions proceedings and appeals against an order of the High Court in such proceedings. These include provision for—

• the notification by the court of the date, time and place fixed for a hearing (rule 79.16);

• hearings (rule 79.17);

• the appointment and function of a special advocate and the special advocate’s communications with others (rules 79.18 to 79.21);

• the modification of the general rules of evidence and disclosure (rule 79.22);

• the search for, filing of and service of material (rule 79.23);

• the service and filing of redacted material by the Treasury (rule 79.24);

• the application by the Treasury to withhold closed material (rules 79.25 and 79.26);

• service by the court of a notice where there has been a failure to comply with a direction of the court (rule 79.27);

• the court to withhold all or some of its reasons when giving judgment where it is not possible to give reasons without disclosing information contrary to the public interest (rule 79.28);

• the application by the Treasury to the court for reconsideration of an order, direction or judgment where compliance with the order or direction or the notification to another party of any matter contained in the judgment, order or direction would cause information to be disclosed contrary to the public interest (rule 79.29); and

• disapplying rules 5.4, 5.4B and 5.4C to proceedings to which Part 79 applies or to any document relating to such proceedings (rule 79.30).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes