The Civil Procedure Rules 1998

[F1 SECTION 1 E+W [F2 GENERAL PROVISIONS]

Textual Amendments

F1 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F2 Pt. 79 Section 1 heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(b)

[F3 Scope and interpretation of this Part E+W

79.1.— (1) This Part contains rules about—

(a) in Section 1, interpretation and modification of the overriding objective;

(b) in Section 2, financial restrictions proceedings under the Counter-Terrorism Act 2008 and the Terrorist Asset-Freezing etc Act 2010;

(c) in Section 3, appeals relating to designations under the Terrorist Asset-Freezing etc Act 2010;

(d) in Section 4, general provisions applicable to proceedings within Sections 2 and 3; and

(e) in Section 5, applications for a notification order under Schedule 4 to the Counter-Terrorism Act 2008.]

(2) In this Part—

(a) “the [F4 2008] Act” means the Counter-Terrorism Act 2008;

[F5 (aa) the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;]

(b) “financial restrictions decision” means a decision to which section 63(1) of the [F6 2008 Act or section 27 of the 2010] Act applies;

(c) “financial restrictions proceedings” [F7 means—

(i) financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and

(ii) proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates];

[F8 (ca) “designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act.]

(d) “closed material” means—

(i) material, evidence or submissions to the court upon which the Treasury wish to rely in proceedings;

(ii) material which adversely affects the Treasury’s case or supports another party’s case; or

(iii) information which the Treasury are required to file pursuant to an order under rule 79.11(7),

but which the Treasury object to disclosing to another party and that party’s legal representative;

(e) “legal representative” in relation to a party to proceedings other than the Treasury does not include a special advocate;

(f) “material” means anything in which information of any description is recorded;

(g) “party” includes the Treasury unless otherwise stated or unless the context otherwise requires;

(h) “special advocate” means a person appointed under section 68 of the [F9 2008 Act (including that section as applied by section 28(4) of the 2010 Act)]; and

(i) “specially represented party” means a party, other than the Treasury, whose interests a special advocate represents.

Textual Amendments

F3 Rule 79.1(1) and heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(c)

F4 Word in rule 79.1(2)(a) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(b)

F5 Rule 79.1(2)(aa) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(c)

F6 Words in rule 79.1(2)(b) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(d)

F7 Words in rule 79.1(2)(c) substituted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(e)

F8 Rule 79.1(2)(ca) inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(d)

F9 Words in rule 79.1(2)(h) substituted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(f)

Modification to the overriding objective E+W

79.2.— (1) Where this Part applies, the overriding objective in Part 1, and so far as relevant any other rule, must be read and given effect in a way which is compatible with the duty set out in paragraph (2).

(2) The court will ensure that information is not disclosed contrary to the public interest.

(3) Without prejudice to paragraph (2), the court will satisfy itself that the material available to it enables it properly to determine the proceedings.]