Made | 23rd April 2007 | ||
Coming into force in accordance with rule 1 |
1. | Citation and commencement |
2. | Interpretation |
3. | Scope of these Rules |
4. | General duty of Commission |
5. | Parties |
6. | Time limit for appealing |
7. | Notice of appeal |
8. | Designated person |
9. | Special advocate: appointment and functions |
10. | Special advocate: communicating about proceedings |
11. | Directions hearing |
12. | Secretary of State's reply |
13. | Further material |
14. | Closed material |
15. | Consideration of Secretary of State's objection etc. |
16. | Other redactions |
17. | Variation of grounds of appeal |
18. | Withdrawal of appeal |
19. | Striking out |
20. | Directions: general |
21. | Failure to comply with directions |
22. | Hearings in private |
23. | Notification of hearing |
24. | Adjournment of hearing |
25. | Evidence |
26. | Summoning of witnesses |
27. | Hearing two or more appeals together |
28. | Determination |
29. | Application by Secretary of State to amend determination etc |
30. | Application for permission to appeal |
31. | Delegated powers |
32. | Filing and service of documents |
33. | Representation |
34. | Address for service |
35. | Calculation of time |
36. | Signature of documents |
37. | Errors of procedure |
38. | Correction of directions and determinations |
39. | Revocation |
40. | Transitional provisions |
but which he objects to disclosing to the appellant or his representative;
Scope of these Rules
3.
—(1) These Rules apply to—
(2) In Part 2 of these Rules a reference to an appeal is a reference to an appeal or proceedings referred to in paragraph (1)(b) and a reference to a notice of appeal is to be construed accordingly.
General duty of Commission
4.
—(1) When exercising its functions, the Commission must secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom or the detection and prevention of crime, or in any other circumstances where disclosure is contrary to the public interest.
(2) Where these Rules require information not to be disclosed contrary to the public interest, that requirement must be construed in accordance with paragraph (1).
(3) Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to determine the appeal, proceedings or application in question.
(2) The Commission may accept a notice of appeal filed after the expiry of the period in paragraph (1) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.
Notice of appeal
7.
—(1) The notice of appeal must—
(2) The notice of appeal must be signed—
and be dated.
(3) The notice of appeal must state—
(4) Where the signatory of the notice of appeal is the appellant's representative, he must certify in the notice that he has completed the notice in accordance with the appellant's instructions.
(5) The signatory of the notice of appeal must attach to it a copy of the document which informed the appellant of the decision being appealed against.
(6) As soon as practicable after it receives a notice of appeal, the Commission must serve—
Designated person
8.
—(1) As soon as practicable after it receives a notice of appeal on behalf of an organisation, the Commission must—
(2) The Commission must give written notice to the Secretary of State and to the organisation or its representative of the name and address of the designated person.
Special advocate: appointment and functions
9.
—(1) Subject to paragraph (2), the Secretary of State must, on being served with a copy of a notice of appeal, give notice of the proceedings to the relevant law officer.
(2) Paragraph (1) applies unless—
(b) a special advocate has already been appointed to represent the interests of the appellant in the proceedings.
(3) Where notice is given to the relevant law officer under paragraph (1), he may appoint a special advocate to represent the interests of the appellant in the proceedings.
(4) Where proceedings before the Commission are pending but no special advocate has been appointed, the appellant or the Secretary of State may at any time request the relevant law officer to appoint a special advocate.
(5) The function of the special advocate is to represent the interests of the appellant by—
Special advocate: communicating about proceedings
10.
—(1) The special advocate may communicate with the appellant or his 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 the proceedings, except in accordance with paragraph (3) or (6)(b) or directions of the Commission pursuant to a request under paragraph (4).
(3) The special advocate may, without directions from the Commission, communicate about the proceedings with—
(4) The special advocate may request directions from the Commission authorising him to communicate with the appellant or his representative or with any other person.
(5) Where the special advocate makes a request under paragraph (4)—
(6) Paragraph (2) does not prohibit the appellant from communicating with the special advocate after the Secretary of State has served closed material on him, but—
Directions hearing
11.
—(1) The Commission must, unless it orders otherwise, fix a directions hearing as soon as reasonably practicable after notice of appeal is filed under rule 7, at which the parties and their representatives, and any special advocate, may be present.
(2) At a directions hearing the Commission may give directions as to the order in which, and the time within which, the following documents are to be filed and served—
(3) The Commission may also give directions as to the date of—
Secretary of State's reply
12.
—(1) Where the Secretary of State intends to oppose an appeal, he must file with the Commission a statement of—
(2) Unless the Secretary of State objects to the statement being disclosed to the appellant or his representative, he must serve a copy of the statement on the appellant at the same time as filing it.
(3) Where a special advocate is appointed, the Secretary of State must serve on him a copy of the statement filed under paragraph (1).
(4) Where the Secretary of State objects to a statement filed under paragraph (1) being disclosed to the appellant or his representative, rules 14 and 15 apply.
Further material
13.
—(1) Where the appellant wishes to rely on evidence in support of his appeal, he must file with the Commission and serve on the Secretary of State and on any special advocate a statement of that evidence.
(2) Where the appellant serves a statement under paragraph (1), the Secretary of State must, if he wishes to rely on further evidence, file with the Commission a statement of that evidence.
(3) Both the appellant and any special advocate may apply to the Commission for a direction requiring the Secretary of State to file further information about his case, or other information.
(4) An applicant under paragraph (3) must indicate why the information sought is necessary for the determination of the appeal.
(5) The Commission may make a direction on an application under paragraph (3) where it considers that the information sought—
(6) The Secretary of State must serve a copy of any statement filed under paragraph (2) or of information filed pursuant to a direction under paragraph (5), at the same time as filing it, on—
(7) Where the Secretary of State files with the Commission, and serves on the special advocate, notice that he objects to any such disclosure, rules 14 and 15 apply.
Closed material
14.
—(1) The Secretary of State—
(2) The Secretary of State must file with the Commission and serve, within such time as the Commission directs, on the special advocate—
(3) The Secretary of State must, at the same time as filing it, serve on the appellant any summary filed under paragraph (2)(c).
(4) Where the Secretary of State serves on the special advocate any closed material which he has redacted on grounds other than those of legal professional privilege—
(5) The Secretary of State may, at any time, amend or supplement material filed under this rule, but only with—
Consideration of Secretary of State's objection etc.
15.
—(1) This rule applies where the Secretary of State has—
(2) The Commission must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—
and is satisfied that it would be just to uphold that objection or to give permission without a hearing; or
(c) the Secretary of State and the special advocate consent to the Commission deciding the issue without a hearing.
(3) Where the special advocate does not challenge the objection or the application, he must give notice of that fact to the Commission and the Secretary of State within 14 days or such other time as the Commission may direct after the Secretary of State serves on him a notice under rule 10(5)(b) or 13(7) or material under rule 14(2).
(4) Where the Commission fixes a hearing under this rule—
(5) A hearing under this rule must take place in the absence of the appellant and his representative.
(6) The Commission may—
(7) The Commission must give permission to the Secretary of State to withhold closed material if it considers that the disclosure of the material would be contrary to the public interest.
(8) Where the Commission gives permission to the Secretary of State to withhold closed material, it must—
(9) Where the Commission does not give permission to the Secretary of State to withhold closed material from the appellant or his representative, or directs the Secretary of State to serve a summary of the material on the appellant—
Other redactions
16.
Where the Secretary of State serves on the appellant any material which he has redacted on grounds other than those of legal professional privilege, he must—
Variation of grounds of appeal
17.
—(1) The appellant may vary the grounds of appeal only with the permission of the Commission.
(2) The appellant must file any proposed variation of the grounds of appeal with the Commission and serve a copy on the Secretary of State and on any special advocate.
Withdrawal of appeal
18.
—(1) The appellant may withdraw an appeal—
(2) An appeal shall be treated as withdrawn if the Secretary of State notifies the Commission that he has made an order under section 3(3)(b) or (8) of the 2000 Act.
(3) If an appeal is withdrawn or treated as withdrawn, the Commission must serve on the parties and on any special advocate a notice that the appeal has been recorded as having been withdrawn.
Striking out
19.
The Commission may strike out a notice of appeal if it appears to the Commission that—
Directions: general
20.
—(1) In addition to its powers under rule 11, the Commission may, on the application of a party or special advocate or on its own initiative, give directions for the conduct of proceedings.
(2) The power to give directions is to be exercised subject to these Rules, including in particular the obligation in rule 4(1) to secure that information is not disclosed contrary to the public interest.
(3) Directions under this rule may be given orally or in writing.
(4) Subject to rule 29, the Commission must serve notice of any written directions on every party and any special advocate.
(5) Directions under this rule may in particular—
(d) provide for—
(e) relate to any matter concerning the preparation for a hearing;
(f) specify—
(g) provide for a hearing to be conducted or evidence given or representations made by video link or other electronic means;
(h) make provision to secure the anonymity of the appellant or a witness.
(6) The power to give directions may be exercised in the absence of the parties or of any special advocate.
Failure to comply with directions
21.
—(1) Where a party or a special advocate fails to comply with a direction, the Commission may serve on him a notice which states—
(2) Where a party or a special advocate who has been served with such a notice fails to comply with the direction, the Commission may proceed in accordance with paragraph (1)(c).
Hearings in private
22.
—(1) Where the Commission considers it necessary for the appellant and his 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—
(2) The Commission may conduct a hearing or part of a hearing in private for any other good reason.
Notification of hearing
23.
The Commission must serve notice of the date, time and place fixed for any hearing on every party, whether or not entitled to attend that hearing, and on any special advocate.
Adjournment of hearing
24.
The Commission may adjourn or bring forward any hearing.
Evidence
25.
—(1) Subject to any direction given by the Commission, the evidence of witnesses may be given in writing, in such a manner and at such time as the Commission directs.
(2) The Commission may receive evidence in documentary or any other form.
(3) The Commission may receive evidence which would not be admissible in a court of law.
(4) No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce at the trial of a civil claim in the part of the United Kingdom in which the proceedings before the Commission are taking place.
(5) Every party may—
during any part of a hearing from which he and his representative are not excluded.
(6) The special advocate may—
(7) The Commission must not give permission under paragraph (5)(b) or (6)(b) unless cross-examination would have been permitted if the appeal had been an application for judicial review.
(8) The Commission may require a witness to give evidence on oath or affirmation.
Summoning of witnesses
26.
—(1) Subject to rule 25(4) and to paragraph (2) of this rule, the Commission may, on the application of a party or on its own initiative, issue a summons requiring any person in the United Kingdom—
(2) No person shall be required to attend a hearing in compliance with a summons issued under paragraph (1) unless—
(3) Where a summons is issued at the request of a party, that party must pay or tender the expenses of the witness.
Hearing two or more appeals together
27.
—(1) Where two or more appeals are pending at the same time, the Commission may direct them to be heard together if—
(2) The Commission must give all the parties who would be entitled to attend the hearings of the appeals an opportunity to make representations before giving a direction under paragraph (1).
Determination
28.
—(1) This rule applies when the Commission makes its decision on an appeal.
(2) The Commission must record its decision and the reasons for it.
(3) Subject to rule 29, the Commission must serve on the parties and any special advocate a written determination containing its decision and, if and to the extent that it is possible to do so without disclosing information contrary to the public interest, the reasons for it.
(4) Where the determination does not include the full particulars of the reasons for its decision, the Commission must serve on the Secretary of State and the special advocate a separate determination including those particulars.
(5) Where the Commission serves a separate determination under paragraph (4), the special advocate may apply to the Commission to amend that determination and the determination under paragraph (3) on the grounds that the separate determination contains material the disclosure of which would not be contrary to the public interest.
(6) The special advocate must serve a copy of an application under paragraph (5) on the Secretary of State.
(7) The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.
Application by Secretary of State to amend determination etc
29.
—(1) This rule applies where the Commission proposes to serve on the appellant—
(2) Before the Commission serves any such document on the appellant, it must first serve notice on the Secretary of State and on any special advocate 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 Commission to amend the direction or the determination if he considers that—
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 any special advocate.
(5) The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.
(6) The Commission must not serve a document on the appellant as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired or, where such an application is made, before it has been determined.
(b) where he does not make such an application, no later than 15 days after the day on which he received the determination containing the decision.
(4) The Commission may accept an application filed after the expiry of the relevant period in paragraph (2) or (3) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.
(5) The application must—
(6) The applicant must serve a copy of the application on every other party and on any special advocate.
(7) The Commission may decide an application for permission without a hearing unless it considers there are special circumstances which make a hearing necessary or desirable.
(2) Anything of an administrative nature which is required or permitted to be done by the Commission under these Rules may be done by a member of the Commission's staff.
Filing and service of documents
32.
—(1) Any document required or permitted by these Rules or by a direction of the Commission to be filed with the Commission or served on any person may be—
specified for that purpose by the Commission or by the person to whom the document is directed.
(2) A document to be served on an individual may be served personally by leaving it with that individual.
(3) Subject to paragraph (4), where any document is served on a person who has notified the Commission that he is acting as the representative of a party, it will be deemed to have been served on that party.
(4) Paragraph (3) does not apply where the Commission directs that a document is to be served on both a party and his representative.
(5) Any document which is served on a person in accordance with this rule will, unless the contrary is proved, be deemed to be served—
(6) Any document which is filed with the Commission will be treated as being filed on the day on which it is received by the Commission.
Representation
33.
—(1) Where the appellant is not the organisation, he may act in person or be represented by—
(2) Where the appellant is the organisation, the designated person may act in person or be represented by a person described in paragraph (1)(a).
(3) The Secretary of State may be represented by any person authorised by him to act on his behalf.
Address for service
34.
—(1) Every party, any representative of a party and any special advocate, must notify the Commission of a postal address at which documents may be served on him, and of any changes to that address.
(2) Until a party, representative or special advocate notifies the Commission of a change of address, any document served on him at the most recent postal address he has given to the Commission will be deemed to have been properly served on him.
Calculation of time
35.
—(1) Where a period of time for doing any act is specified by these Rules or by a direction of the Commission, that period is to be calculated—
(2) Where the time specified by these Rules or by a direction of the Commission for doing any act ends on a day which is not a business day, that act is done in time if it is done on the next business day.
(3) In this rule, "business day" means any day other than a Saturday or Sunday, a bank holiday, Christmas Day, 27th to 31st December or Good Friday.
Signature of documents
36.
Any requirement in these Rules for a document to be signed shall be satisfied, in the case of a document which is filed or served by e-mail in accordance with these Rules, by the person who is required to sign the document typing his name in it or producing it by computer or other mechanical means.
Errors of procedure
37.
Where in any proceedings, before they have been determined by the Commission, there has been an error of procedure such as a failure to comply with a rule—
Correction of directions and determinations
38.
—(1) The Commission may at any time amend a direction or determination to correct a clerical error or omission.
(2) Subject to rule 29(1)(b) and (2), where a direction or determination is amended under paragraph (1), the Commission must serve the amended direction or determination on every person on whom the original direction or determination was served.
(3) Where a determination is amended under paragraph (1), the time within which a party may apply for permission to appeal against the determination runs from the day on which the party is served with the amended determination.
They also contain new provisions on, among other things—
A regulatory impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.
[3] Section 3(6) was inserted by section 22(1) and (2) of the Terrorism Act 2006 (c. 11).back
[4] Section 5 was amended by section 22(1), (5) and (6) of the Terrorism Act 2006.back
[5] Rules falling within this sub-paragraph are the Proscribed Organisations Appeal Commission (Human Rights Act 1998 Proceedings) Rules 2006 (S.I. 2006/2290).back
[6] Section 3(8) was inserted by section 22(1) and (2) of the Terrorism Act 2006 (c.11).back