[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]

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SECTION 1E+W [F3GENERAL PROVISIONS]

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[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.]

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