SCHEDULES
SCHEDULE 3 The Proscribed Organisations Appeal Commission
Procedure
5
1
The Lord Chancellor may make rules—
a
regulating the exercise of the right of appeal to the Commission;
b
prescribing practice and procedure to be followed in relation to proceedings before the Commission;
c
providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;
d
making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);
e
making provision about proof of the Commission’s decisions.
2
In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—
a
that decisions which are the subject of appeals are properly reviewed, and
b
that information is not disclosed contrary to the public interest.
3
The rules shall make provision permitting organisations to be legally represented in proceedings before the Commission.
4
The rules may, in particular—
a
provide for full particulars of the reasons for proscription or refusal to deproscribe to be withheld from the organisation or applicant concerned and from any person representing it or him;
F1aa
provide for full particulars of the reasons for—
i
the making of an order under section 3(6), or
ii
a refusal to provide for a name to cease to be treated as a name for an organisation,
to be withheld from the organisation or applicant concerned and from any person representing it or him;
b
enable the Commission to exclude persons (including representatives) from all or part of proceedings;
c
enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);
d
permit preliminary or incidental functions to be discharged by a single member;
e
permit proceedings for permission to appeal under section 6 to be determined by a single member;
f
make provision about the functions of persons appointed under paragraph 7;
g
make different provision for different parties or descriptions of party.
5
Rules under this paragraph—
a
shall be made by statutory instrument, and
b
shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
6
In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.