[F1 PART 79 E+W [F2 PROCEEDINGS 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]

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 Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)

SECTION 2 E+W[F3 APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT.]

Textual Amendments

F3 Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(c)

Response by [F4 the appropriate Minister] E+W

79.11.— (1) Where [F4 the appropriate Minister] [F5 intends] to oppose the application to set aside the financial restrictions decision [F6 or sanctions decision], [F7 the appropriate Minister must] file with the court —

(a) the grounds for contesting the application; and

(b) any relevant evidence of which [F8 the appropriate Minister is] aware at that stage.

(2) Unless [F4 the appropriate Minister] [F9 objects] to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, [F4 the appropriate Minister] must serve a copy of the grounds and evidence on the claimant at the same time as filing the grounds.

(3) Where [F4 the appropriate Minister] [F10 objects] to the grounds and evidence in paragraph (1) being disclosed to the claimant and the claimant’s legal representative, [F4 the appropriate Minister] must make an application in accordance with rule 79.25.

(4) Where a special advocate has been appointed, [F4 the 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 [F4 the appropriate Minister] to file and serve further information about [F11 the 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 [F12 or 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 [F13 or sanctions decision]; and

(b) may be provided without disproportionate cost, time or effort.

(8) Where [F4 the appropriate Minister] [F14 objects] to serving on the claimant and the claimant’s legal representative the information sought under paragraph (5), [F4 the appropriate Minister] must make an application in accordance with rule 79.25.]

Textual Amendments

F4 Words in rule 79.11 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(a)

F5 Word in rule 79.11(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(b)(i)

F6 Words in rule 79.11(1) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(b)(ii)

F7 Words in rule 79.11(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(b)(iii)

F8 Words in rule 79.11(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(b)(iv)

F9 Word in rule 79.11(2) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(c)

F10 Word in rule 79.11(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(c)

F11 Words in rule 79.11(5) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(d)

F12 Words in rule 79.11(6)(b) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(e)

F13 Words in rule 79.11(7)(a) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(e)

F14 Word in rule 79.11(8) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(9)(f)