The Rules of the Court of Judicature (Northern Ireland) (Amendment) (EU Exit) 2019

Amendment of Order 116B to the principal Rules

5.—(1) Order 116B of the principal Rules is amended as follows.

(2) For the heading to Order 116B substitute—

“ORDER 116B – COUNTER-TERRORISM ACT 2008, PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010 AND PART 1 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018”.

(3) In rule 1(1)—

(a) after sub-paragraph (a) insert—

“(aa) sanctions proceedings;”;

(b) in sub-paragraph (b), for “such proceedings” substitute “financial restrictions proceedings or sanctions proceedings”.

(4) In rule 1(2)—

(a) after sub-paragraph (aa) insert—

“(ab) “the 2018 Act” means the Sanctions and Anti-Money Laundering Act 2018;

(ac) “appropriate Minister” means—

(i) in relation to a challenge to a decision of the Secretary of State, the Secretary of State;

(ii) in relation to a challenge to a decision of the Treasury, the Treasury;”;

(b) after sub-paragraph (b) insert—

“(ba) “sanctions decision” means a decision to which section 38 of the 2018 Act applies;”;

(c) after sub-paragraph (c) insert—

“(cza) “sanctions proceedings” means proceedings—

(i) on an application under section 38 of the 2018 Act, or

(ii) on a claim arising from any matter to which such an application relates;”;

(d) in sub-paragraph (d)—

(i) for “the Treasury”, in each place it occurs, substitute “the appropriate Minister”;

(ii) for “the Treasury’s” substitute “the appropriate Minister’s”;

(e) in sub-paragraphs (e), (g) and (i), for “the Treasury” substitute “the appropriate Minister”;

(f) in paragraph (h), after “the 2010 Act” insert “and section 40(1) of the 2018 Act” (rules of court).

(5) For the heading to Part II substitute—

“APPLICATION TO SET ASIDE A FINANCIAL RESTRICTIONS DECISION UNDER THE 2008 ACT OR THE 2010 ACT OR A SANCTIONS DECISION UNDER THE 2018 ACT”.

(6) In rule 3, after “2010 Act” insert “or a sanctions decision under section 38(2) of the 2018 Act”.

(7) In rule 4—

(a) in each place it occurs, after “restrictions decision” insert “or sanctions decision”;

(b) for “the Treasury” substitute “the appropriate Minister”.

(8) For rule 5(1) substitute—

“(1) An originating summons under this Part of this Order shall be entitled in the matter of a decision by, as the case may be—

(a) the Treasury under section 63 of the Counter-Terrorism Act 2008(1) (application to set aside financial restrictions decision),

(b) the Treasury under section 27 of the Terrorist Asset-Freezing etc. Act 2010(2) (review of other decisions by the court),

(c) the Treasury under section 38 of the Sanctions and Anti-Money Laundering Act 2018, or

(d) the Secretary of State under section 38 of the Sanctions and Anti-Money Laundering Act 2018,

and all subsequent documents in the matter shall be so entitled.”.

(9) In rules 7, 8 and 9, in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(10) In rule 10—

(a) in each place it occurs (including in the heading), for “the Treasury” substitute “the appropriate Minister”;

(b) in each place it occurs, after “decision” insert “or sanctions decision”;

(c) in paragraph (1)—

(i) for “they” the first time it appears substitute “the appropriate Minister”;

(ii) for “they are” substitute “the appropriate Minister is”;

(d) in paragraph (5), for “the Treasury’s” substitute “the appropriate Minister’s”.

(11) In rule 11—

(a) after “decision” insert “or sanctions decision”;

(b) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(12) In rule 14, in both places, after “proceedings” insert “and sanctions proceedings”.

(13) In rule 15(1), after “proceedings” insert “or sanctions proceedings”.

(14) In rules 22 to 25, in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(15) In rule 26—

(a) in the heading and in paragraph (3)(a), for “the Treasury’s” substitute “the appropriate Minister’s”;

(b) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(16) In rule 29, in both places, for “the Treasury” substitute “the appropriate Minister”.

(17) In rule 30, in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(18) In rule 31—

(a) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(b) in each place it occurs (including in the heading), for “the Treasury’s” substitute “the appropriate Minister’s”.

(19) In rule 33, in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(20) In rule 34, in each place it occurs (including in the heading), for “Treasury” substitute “appropriate Minister”.

(1)

2008 c. 28; section 63(1) has been amended by S.I. 2010/1197, S.I. 2010/2937, S.I. 2011/605, S.I. 2011/1893, S.I. 2011/2742, S.I. 2012/925, S.I. 2016/36 and S.I. 2016/937.

(2)

2010 c. 38; section 27 has been repealed by the Sanctions and Anti-Money Laundering Act 2018 (c. 13), section 59(1), from a day to be appointed.