The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1PART 88E+WPROCEEDINGS UNDER THE COUNTER-TERRORISM AND SECURITY ACT 2015

Textual Amendments

F1Pt. 88 inserted (27.2.2015) by The Civil Procedure (Amendment) Rules 2015 (S.I. 2015/406), rule 1, Sch.

SECTION IIE+WPermission applications, reviews and references to the High Court relating to temporary exclusion orders

Response by the Secretary of StateE+W

88.13.—(1) Where the Secretary of State intends to oppose the exercise of any of the court’s powers under section 11(3) or (5) of the Act, the Secretary of State must file with the court—

(a)the grounds for opposing the exercise of those powers; and

(b)any relevant evidence of which the Secretary of State is aware at that stage.

(2) Unless the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must serve a copy of the grounds and evidence on the TEO subject at the same time as filing them.

(3) Where the Secretary of State objects to the grounds and evidence referred to in paragraph (1) being disclosed to the TEO subject and the TEO subject’s legal representative, the Secretary of State must make an application in accordance with rule 88.27.

(4) Where a special advocate has been appointed, the Secretary of State must serve on the special advocate a copy of the grounds and evidence filed under paragraph (1).

(5) The TEO subject and any special advocate may apply to the court for an order directing the Secretary of State to file and serve further information about the Secretary of State’s grounds filed under paragraph (1)(a).

(6) An application under paragraph (5) must set out—

(a)what information is sought; and

(b)why the information sought is necessary for the determination of the review application.

(7) The court may make an order on an application under paragraph (5) where it considers that the information sought—

(a)is necessary for the determination of the review application; and

(b)may be provided without disproportionate cost, time or effort.

(8) Where the Secretary of State objects to serving on the TEO subject and the TEO subject’s legal representative the information sought under paragraph (5), the Secretary of State must make an application in accordance with rule 88.27.]