[F1 PART 79 E+WF2 ... PROCEEDINGS UNDER THE COUNTER-TERRORISM ACT 2008 [F3 AND PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010]

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 Words in Pt. 79 heading omitted (1.10.2009) by virtue of The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 17

F3 Words in Pt. 79 heading inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(a)

SECTION 2 E+W[F4 APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT]

Textual Amendments

F4 Pt. 79 Section 2 heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(e)

Application to set aside E+W

79.6.— (1) An application to set aside a financial restrictions decision must be started by a claim form.

(2) The claim form must set out—

(a) the details of the financial restrictions decision;

(b) details of how the claimant is affected by the financial restrictions decision; and

(c) the grounds on which the claimant seeks to set aside the decision.

(3) The claimant must file with the claim form—

(a) a copy of—

(i) the written notice of the relevant financial restrictions decision made by the Treasury; or

(ii) where relevant, any direction, order or licence made under Schedule 7 to the [F5 2008] Act or any freezing order made under Part 2 of the Anti-terrorism, Crime and Security Act 2001; and

(b) any evidence, including witness statements, on which the claimant relies at that stage.]

Textual Amendments

F5 Word in rule 79.6(3)(a)(ii) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(g)