Prevention of Terrorism Act 2005 (repealed)

Application for anonymity for controlled person U.K.

5 (1) Rules of court made in exercise of the relevant powers may provide for— U.K.

(a) the making by the Secretary of State or the controlled personF1 ... of an application to the court for an order requiring anonymity for that person; and

(b) the making by the court, on such an application, of an order requiring such anonymity;

and the provision made by the rules may allow the application and the order to be made irrespective of whether any other control order proceedings have been begun in the court.

(2) Rules of court may provide for the Court of Appeal or the Inner House of the Court of Session to make an order in connection with any relevant appeal proceedings requiring anonymity for the controlled person.

(3) In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the controlled person are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure—

(a) by such persons as the court specifies or describes, or

(b) by persons generally,

of the identity of the controlled person or of any information that would tend to identify him.

[F2 (4) In relation to a time before the control order has been made references in this paragraph to “the controlled person” shall be read as references to the person in respect of whom the Secretary of State has made an application to the court for (as the case may be)— (a)permission to make a non-derogating control order under section 3(1)(a), or (b)the making of a derogating control order under section 4(1).]

Textual Amendments

F1 Words in Sch. para. 5(1)(a) repealed (11.3.2005 retrospective) by Counter-Terrorism Act 2008 (c. 28), s. 81(2)(4)100(5)100(5), Sch. 9 Pt. 5 (with s. 101(2)); S.I. 2009/58, art. 2(f)(j)

F2 Words inserted Sch. para. 5(4) (11.3.2005 retrospective) by Counter-Terrorism Act 2008 (c. 28), s. 81(2)(4)100(5)100(5), Sch. 9 Pt. 5 (with s. 101(2)); S.I. 2009/58, art. 2(f)