The Civil Procedure Rules 1998

[F1 [F2 Scope and interpretation of this Part E+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;

(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 [F3 2008] Act” means the Counter-Terrorism Act 2008;

[F4 (aa) the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;]

(b) “financial restrictions decision” means a decision to which section 63(1) of the [F5 2008 Act or section 27 of the 2010] Act applies;

(c) “financial restrictions proceedings” [F6 means—

(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];

[F7 (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 the Treasury wish to rely in proceedings;

(ii) material which adversely affects the Treasury’s case or supports another party’s case; or

(iii) information which the Treasury are required to file pursuant to an order under rule 79.11(7),

but which the Treasury object to disclosing to another party and that party’s legal representative;

(e) “legal representative” in relation to a party to proceedings other than the Treasury does not include a special advocate;

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

(g) “party” includes the Treasury unless otherwise stated or unless the context otherwise requires;

(h) “special advocate” means a person appointed under section 68 of the [F8 2008 Act (including that section as applied by section 28(4) of the 2010 Act)]; and

(i) “specially represented party” means a party, other than the Treasury, whose interests a special advocate represents.]

Textual Amendments

F1 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F2 Rule 79.1(1) and heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(c)

F3 Word in rule 79.1(2)(a) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(b)

F4 Rule 79.1(2)(aa) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(c)

F5 Words in rule 79.1(2)(b) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(d)

F6 Words in rule 79.1(2)(c) substituted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(e)

F7 Rule 79.1(2)(ca) inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(d)

F8 Words in rule 79.1(2)(h) substituted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(f)