F1PART 76PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

Annotations:
Amendments (Textual)

SECTION 3Permission applications, references and appeals to the High Court relating to non-derogating control orders

Directions for hearing on application for permission or on a reference76.10

1

This rule applies where the court gives directions under section 3(2)(c) or (6)(b) or (c) of the Act.

2

The court must immediately—

a

fix a date, time and place for a further hearing at which the controlled person, his legal representative and a special advocate (if one has been appointed) can be present; and

F2b

unless the court otherwise directs—

i

in the case of directions given under section 3(2)(c), that date must be no later than 7 days from the date on which the notice of the terms of the control order is delivered to the controlled person in accordance with section 7(8) of the Act; or

ii

in the case of directions given under section 3(6)(b) or (c), that date must be 7 days from the date on which the court’s determination on the reference is made.

3

At the hearing referred to in paragraph (2), the court must give directions—

a

for a hearing under section 3(10); and

b

specifying the date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 76.30.

4

When giving directions under paragraph (3), the court must have regard to the need to expedite that hearing.

(Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).