Prevention of Terrorism Act 2005 (repealed)

Special representation in control order proceedings U.K.

7 (1) The relevant law officer may appoint a person to represent the interests of a relevant party to relevant proceedings in any of those proceedings from which that party and his legal representative (if he has one) are excluded. U.K.

(2) In sub-paragraph (1) “relevant proceedings” means—

(a) control order proceedings; or

(b) proceedings on an appeal or further appeal relating to control order proceedings.

(3) A person may be appointed under this paragraph—

(a) in the case of an appointment by the Attorney General, only if he has a general legal qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (c. 41);

(b) in the case of an appointment by the Advocate General for Scotland, only if he is a person with appropriate rights of audience in Scotland; and

(c) in the case of an appointment by the Advocate General for Northern Ireland, only if he is a member of the Bar of Northern Ireland.

(4) In sub-paragraph (3) “person with appropriate rights of audience in Scotland” means—

(a) an advocate; or

(b) a solicitor with rights of audience by virtue of section 25A of the Solicitors (Scotland) Act 1980 (c. 46) in the Court of Session or the High Court of Justiciary.

(5) A person appointed under this paragraph is not to be responsible to the person whose interests he is appointed to represent.

(6) In this paragraph “the relevant law officer” means—

(a) in relation to control order proceedings in England and Wales or proceedings on an appeal or further appeal relating to such proceedings, the Attorney General;

(b) in relation to proceedings in Scotland or proceedings on an appeal or further appeal relating to such proceedings, the Advocate General for Scotland;

(c) in relation to proceedings in Northern Ireland or proceedings on an appeal or further appeal relating to such proceedings, the Advocate General for Northern Ireland.

(7) In relation to any time before the coming into force of section 27 of the Justice (Northern Ireland) Act 2002 (c. 26), references in this paragraph to the Advocate General for Northern Ireland are to have effect as references to the Attorney General for Northern Ireland.