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.