The Magistrates’ Courts (Counter Terrorism Act 2008) (Foreign Travel Restriction Orders) Rules (Northern Ireland) 2010

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules prescribe the procedure for applying to a court of summary jurisdiction, under Schedule 5 to the Counter Terrorism Act 2008, for a foreign travel restriction order.

Rule 2(1) provides that a summons on foot of a complaint for a foreign travel restriction order must be in Form 1.

Rule 2(2) provides that a foreign travel restriction order must be in Form 2.

Rule 2(3) prescribes that a summons issued for variation, renewal or discharge of a foreign travel restriction order must be in Form 3.

Rule 2(4) provides that, subject to paragraph (5), a summons for a foreign travel restriction order must be served on the defendant either by the police or by ordinary first class post. Where the summons is served by first class post it will be deemed to have been served on the defendant in the ordinary course of post unless the defendant proves he did not receive it.

Rule 2(5) provides that a summons issued by a person who was the defendant to the original foreign travel restriction order for variation, renewal or discharge of that order must be served on the police in accordance with Rule 11, paragraphs (2), (6) and (7) of the Magistrates’ Courts Rules (Northern Ireland) 1984 (by summons server or other person who has received the permission of the court to fulfil that function).

Rule 2(6) provides that where the court makes a foreign travel restriction order, the clerk of petty sessions must serve a copy of the order on the defendant, either personally or by first class post, and on the complainant by first class post.

Rule 2(7) makes similar provision in respect of the service of an order for the variation, renewal or discharge of a foreign travel restriction order.

Rule 2(8) makes provision in respect of the interpretation of references to complainant and defendant in paragraphs (6) and (7) of these Rules.