The Civil Procedure Rules 1998 No. 3132 (L. 17)

[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)

Application to set aside E+W

79.6.— (1) An application to set aside a financial restrictions decision [F4 or sanctions decision] must be started by a claim form.

(2) The claim form must set out—

(a) the details of the financial restrictions decision [F5 or sanctions decision];

(b) details of how the claimant is affected by the financial restrictions decision [F6 or sanctions 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 [F7 or sanctions decision] made by [F8 the appropriate Minister]; or

(ii) where relevant, any direction, order or licence made under Schedule 7 to the [F9 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

F4 Words in rule 79.6(1) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(7)(a)

F5 Words in rule 79.6(2)(a) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(7)(a)

F6 Words in rule 79.6(2)(b) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(7)(a)

F7 Words in rule 79.6(3)(a)(i) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(7)(b)(i)

F8 Words in rule 79.6(3)(a)(i) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(7)(b)(ii)

F9 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)