Act of Sederunt (Rules of the Court of Session Amendment No. 4) (Prevention of Terrorism Act 2005) 2005

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt makes amendments to the Rules of the Court of Session 1994 (S.I. 1994/1443) (“the Rules”) to make provision in respect of proceedings under the Prevention of Terrorism Act 2005 (“the 2005 Act”).

Paragraph 2(2) inserts a new Chapter 89 at the end of the Rules. The new Chapter applies to proceedings in the Outer House of the Court of Session and appeals to the Inner House of the Court of Session on a point of law in respect of those proceedings.

New rule 89.2 sets out the procedure for making applications under section 3(1) of the 2005 Act (application for permission to make a non-derogating control order), references under section 3(3)(a) of the 2005 Act (reference of urgent non-derogating control order) and applications under section 4(1) of the 2005 Act (application for derogating control order).

New rule 89.3 makes provision for initial diets and preliminary hearings to be held in respect of proceedings under rule 89.2.

New rule 89.4 sets out the procedure for making applications for the renewal, revocation or modification of derogating control orders

New rule 89.5 sets out the procedure for making an appeal under section 10 of the 2005 Act (appeals in respect of non-derogating control orders).

New rule 89.6 makes provision concerning the appointment of special representatives by the Advocate General to represent individuals when they are excluded from control order proceedings.

New rule 89.7 makes provision for the Secretary of State to apply to the court for permission not to disclose information in proceedings under the 2005 Act.

New rule 89.8 makes further provision in relation to the procedure to be followed in applications under new rule 89.7.

New rule 89.9 makes provision for applications for anonymity in proceedings under the 2005 Act.

New rule 89.10 makes provision for the exclusion of a controlled person and his legal representative from proceedings under the 2005 Act.

New rule 89.11 makes provision in respect of the recording of control order proceedings.