F1PART 76PROCEEDINGS UNDER THE PREVENTION OF TERRORISM ACT 2005

Annotations:
Amendments (Textual)

SECTION 2Applications to the High Court relating to derogating control orders

Applications on notice76.6

1

An application under section 4(9) for the renewal, or under section 7(4) of the Act, for the revocation of a control order or for the modification of obligations imposed by such an order, must be made in accordance with this rule.

2

An application by the Secretary of State must be made by—

a

filing with the court—

i

a statement of reasons to support the application,

ii

all relevant material,

iii

any written submissions, and

iv

a draft of the order sought; and

b

serving on the controlled person or his legal representative any open material.

3

An application by the controlled person must be made by filing with the court and serving on the Secretary of State—

a

a statement of reasons to support the application;

b

any written evidence upon which he relies;

c

any written submissions; and

d

where appropriate, a draft of the order sought.

4

If the controlled person wishes to oppose an application made under this rule, he must as soon as practicable file with the court, and serve on the Secretary of State, any written evidence and any written submissions upon which he relies.

5

If the Secretary of State wishes to oppose an application made under this rule, he must as soon as practicable—

a

file with the court—

i

all relevant material, and

ii

any written submissions; and

b

serve on the controlled person any open material.

(Attention is drawn to rule 76.18 relating to the address for issuing proceedings in the High Court. Rules 76.28 and 76.29 will apply where any closed material is filed by the Secretary of State).