The Civil Procedure Rules 1998

[F1SECTION 1E+WApplication of this Part

Textual Amendments

Scope and interpretationE+W

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

(a)TPIM 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 Act, the rules in this Part shall apply with any modification the court considers necessary.

(3) In this Part—

(a)“the Act” means the Terrorism, Prevention and Investigation Measures Act 2011;

(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 Act, extending a TPIM notice;

(d)“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the Act;

(e)“measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the 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;

(g)“relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the Act;

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

(i)“revival notice” means a notice issued under section 13(6) of the Act, reviving a TPIM notice;

(j)“special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the Act;

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

(l)“TPIM proceedings” has the same meaning as in section 30(1) of the 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 Act, varying the TPIM 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.

Modification to the overriding objectiveE+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.]