F1PART 79F3PROCEEDINGS 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

Annotations:
Amendments (Textual)

SECTION 2F2APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT.

Annotations:
Amendments (Textual)

Response by F4the appropriate Minister79.11

1

Where F4the appropriate MinisterF5intends to oppose the application to set aside the financial restrictions decision F6or sanctions decision, F7the appropriate Minister must file with the court —

a

the grounds for contesting the application; and

b

any relevant evidence of which F8the appropriate Minister is aware at that stage.

2

Unless F4the appropriate MinisterF9objects to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, F4the appropriate Minister must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds.

3

Where F4the appropriate MinisterF10objects to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, F4the appropriate Minister must make an application in accordance with rule 79.25.

4

Where a special advocate has been appointed, F4the appropriate Minister must serve on that special advocate a copy of the grounds and evidence filed under paragraph (1).

5

The claimant and any special advocate may apply to the court for an order directing F4the appropriate Minister to file and serve further information about F11the appropriate Minister’s grounds filed under paragraph (1)(a).

6

The application under paragraph (5) must set out—

a

what information is sought; and

b

why the information sought is necessary for the determination of the application to set aside the financial restrictions decision F12or sanctions decision.

7

The court may make an order on an application under paragraph (5) where it considers that the information sought is—

a

necessary for the determination of the application to set aside the financial restrictions decision F13or sanctions decision; and

b

may be provided without disproportionate cost, time or effort.

8

Where F4the appropriate MinisterF14objects to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), F4the appropriate Minister must make an application in accordance with rule 79.25.