The Civil Procedure Rules 1998

[F1[F2Scope 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;

(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 [F32008] 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 [F52008 Act or section 27 of the 2010] Act applies;

(c)“financial restrictions proceedings” [F6means—

(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 [F82008 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