F1PART 79F5PROCEEDINGS 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:

SECTION 4GENERAL PROVISIONS F4APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART

Annotations:
Amendments (Textual)
F4

Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)

Appointment of a special advocate79.18

1

Subject to paragraph (2), F6the appropriate Minister 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 F6the appropriate MinisterF7intends to file an appeal notice,

in proceedings to which F2Section 2 or 3 of this Part applies.

2

Paragraph (1) applies unless—

a

F6the appropriate MinisterF8does 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 F6the appropriate Minister and that special advocate is not prevented from communicating with that party by virtue of rule 79.20.

3

Where any proceedings to which F3Section 2 or 3 of this Part applies are pending but no special advocate has been appointed, any party may request the Attorney General to appoint a special advocate.