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[F1PART 79E+W [F2PROCEEDINGS UNDER THE 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]

Textual Amendments

SECTION 1E+W [F3GENERAL PROVISIONS]

Textual Amendments

[F4Scope and interpretation of this PartE+W

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

(a)in Section 1, interpretation and modification of the overriding objective;

(b)in Section 2, financial restrictions proceedings under the Counter-Terrorism Act 2008 and the Terrorist Asset-Freezing etc Act 2010 [F5, and sanctions proceedings under the Sanctions and Anti-Money Laundering Act 2018];

(c)in Section 3, appeals relating to designations under the Terrorist Asset-Freezing etc Act 2010;

(d)in Section 4, general provisions applicable to proceedings within Sections 2 and 3; and

(e)in Section 5, applications for a notification order under Schedule 4 to the Counter-Terrorism Act 2008.]

(2) In this Part—

(a)“the [F62008] Act” means the Counter-Terrorism Act 2008;

[F7(aa)the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;]

[F8(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)“financial restrictions decision” means a decision to which section 63(1) of the [F92008 Act or section 27 of the 2010] Act applies;

[F10(ba)“sanctions decision” means a decision to which section 38 of the 2018 Act (court review of decisions) applies;]

(c)“financial restrictions proceedings” [F11means—

(i)financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and

(ii)proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates];

[F12(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;]

[F13(ca)“designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act.]

(d)“closed material” means—

(i)material, evidence or submissions to the court upon which [F14the appropriate Minister wishes] to rely in proceedings;

(ii)material which adversely affects [F15the appropriate Minister’s] case or supports another party’s case; or

(iii)information which [F16the appropriate Minister is] required to file pursuant to an order under rule 79.11(7),

but which [F17the appropriate Minister objects] to disclosing to another party and that party’s legal representative;

(e)“legal representative” in relation to a party to proceedings other than [F18the appropriate Minister] does not include a special advocate;

(f)“material” means anything in which information of any description is recorded;

(g)“party” includes [F19the appropriate Minister] unless otherwise stated or unless the context otherwise requires;

(h)“special advocate” means a person appointed under section 68 of the [F202008 Act (including that section as applied by section 28(4) of the 2010 Act [F21and section 40(1) of the 2018 Act])]; and

(i)“specially represented party” means a party, other than [F22the appropriate Minister], whose interests a special advocate represents.

Textual Amendments

Modification to the overriding objectiveE+W

79.2.—(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 will ensure that information is not disclosed contrary to the public interest.

(3) Without prejudice to paragraph (2), the court will satisfy itself that the material available to it enables it properly to determine the proceedings.]