F1PART 79FINANCIAL RESTRICTIONS PROCEEDINGS UNDER THE COUNTER –TERRORISM ACT 2008

SECTION 4GENERAL PROVISIONS

Appointment of a special advocate79.18.

(1)

Subject to paragraph (2), the Treasury must immediately give notice of the proceedings to the Attorney General—

(a)

upon being served with any claim form, application notice or appeal notice; or

(b)

where the Treasury intend to file an appeal notice,

in proceedings to which this Part applies.

(2)

Paragraph (1) applies unless—

(a)

the Treasury do not intend to—

(i)

oppose the claim, application or appeal; or

(ii)

apply for permission to withhold closed material from a party and that party’s legal representative; or

(b)

a special advocate has already been appointed to represent the interests of a party other than the Treasury and that special advocate is not prevented from communicating with that party by virtue of rule 79.20.

(3)

Where any proceedings to which this Part applies are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.