The Civil Procedure Rules 1998

[F1 SECTION 1 E+W Application of this Part

Textual Amendments

F1 Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.

Scope and interpretation E+W

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

(a) TPIM proceedings [F2 and relevant proceedings] in the High Court, and

(b) appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2) In the case of proceedings brought by virtue of section 17(2) of the [F3 TPIM Act or section 53(2) of the National Security Act], the rules in this Part shall apply with any modification the court considers necessary.

(3) In this Part—

(a) “[F4 the TPIM Act]” means the Terrorism, Prevention and Investigation Measures Act 2011 [F5 and “the National Security Act” means the National Security Act 2023];

(b) “closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;

(c) “extension notice” means a notice issued under section 5(2) of the [F6 TPIM Act], extending a TPIM notice [F7 , or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice];

(d) “legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the [F8 TPIM Act or (as the case may be) of Schedule 10 to the National Security Act];

(e) “measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the [F9 TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act)];

(f) “open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;

[F10 (fa) “Part 2 notice” has the same meaning as in section 39(1) of the National Security Act;

(fb) “Part 2 subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice;]

(g) “relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the [F11 TPIM Act or (as the case may be) of Schedule 10 to the National Security Act];

(h) “relevant party” means any party to the proceedings other than the Secretary of State;

[F12 (ha) “relevant proceedings” has the same meaning as in section 62(1) of the National Security Act;]

(i) “revival notice” means a notice issued under section 13(6) of the [F13 TPIM] Act, reviving a TPIM notice [F14 , or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice];

(j) “special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the [F15 TPIM Act or of Schedule 10 to the National Security Act];

(k) “TPIM notice” has the same meaning as in section 2(1) of the [F16 TPIM] Act;

(l) “TPIM proceedings” has the same meaning as in section 30(1) of the [F17 TPIM] Act;

(m) “TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

(n) “variation notice” means a notice issued under section 12(1)(c) of the [F18 TPIM] Act, varying the TPIM notice without the individual’s consent [F19 , or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent].

(4) For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Textual Amendments

F2 Words in rule 80.1(1)(a) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(a)

F3 Words in rule 80.1(2) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(b)

F4 Words in rule 80.1(3)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(i)(aa)

F5 Words in rule 80.1(3)(a) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(i)(bb)

F6 Words in rule 80.1(3)(c) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ii)(aa)

F7 Words in rule 80.1(3)(c) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ii)(bb)

F8 Words in rule 80.1(3)(d) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(iii)

F9 Words in rule 80.1(3)(e) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(iv)

F10 Rule 80.1(3)(fa)(fb) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(v)

F11 Words in rule 80.1(3)(g) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(vi)

F12 Rule 80.1(3)(ha) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(vii)

F13 Word in rule 80.1(3)(i) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(viii)(aa)

F14 Words in rule 80.1(3)(i) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(viii)(bb)

F15 Words in rule 80.1(3)(j) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ix)

F16 Word in rule 80.1(3)(k) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(x)

F17 Word in rule 80.1(3)(l) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(x)

F18 Word in rule 80.1(3)(n) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(xi)(aa)

F19 Words in rule 80.1(3)(n) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(xi)(bb)

Modification to the overriding objective E+W

80.2.— (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 must ensure that information is not disclosed contrary to the public interest.

(3) Subject to paragraph (2), the court must satisfy itself that the material available to it enables it properly to determine proceedings.]