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Textual Amendments
F1Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
F2Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)
Textual Amendments
F3 Pt. 79 Section 1 heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(b)
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.]
Textual Amendments
F4Rule 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)
F5Words in rule 79.1(1)(b) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(a)
F6Word 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)
F7Rule 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)
F8Rule 79.1(2)(ab)(ac) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(i)
F9Words 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)
F10Rule 79.1(2)(ba) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(ii)
F11Words 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)
F12Rule 79.1(2)(cza) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iii)
F13Rule 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)
F14Words in rule 79.1(2)(d)(i) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(aa)
F15Words in rule 79.1(2)(d)(ii) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(bb)
F16Words in rule 79.1(2)(d)(iii) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(cc)
F17Words in rule 79.1(2)(d) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(dd)
F18Words in rule 79.1(2)(e) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(v)
F19Words in rule 79.1(2)(g) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(v)
F20Words 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)
F21Words in rule 79.1(2)(h) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(vi)
F22Words in rule 79.1(2)(i) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(vii)