The Data Protection Tribunal (National Security Appeals) (Telecommunications) Rules 2000

Application and interpretation

2.—(1) These Rules apply to appeals under regulation 32(4) and (6) of the Regulations, and the provisions of these Rules are to be construed accordingly.

(2) In these Rules–

“the Act” means the Data Protection Act 1998;

“appeal” means an appeal under regulation 32 of the Regulations;

“appellant” means a person who brings or intends to bring an appeal under regulation 32 of the Regulations;

“costs”–

(a)

except in Scotland, includes fees, charges, disbursements, expenses and remuneration;

(b)

in Scotland means expenses, and includes fees, charges, disbursements and remuneration;

“disputed certification” means–

(a)

in relation to an appeal under regulation 32(4) of the Regulations, the certificate against which the appeal is brought or intended to be brought, and

(b)

in relation to an appeal under regulation 32(6) of the Regulations, the claim by the telecommunications provider, against which the appeal is brought or intended to be brought, that a certificate applies to the circumstance in question;

“party” has the meaning given in paragraph (3) below;

“president” means the person designated by the Lord Chancellor under paragraph 3 of Schedule 6 to the Act to preside when the Tribunal is constituted under that paragraph;

“proper officer” in relation to a rule means an officer or member of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the Act and appointed by the chairman to perform the duties of a proper officer under that rule;

“the Regulations” means the Telecommunications (Data Protection and Privacy) Regulations 1999;

“relevant Minister” means the Minister of the Crown who is responsible for the signing of the certificate under regulation 32(2) of the Regulations to which the appeal relates, and except where the context otherwise requires, references in these Rules to the relevant Minister include a person appointed under rule 21 below to represent his interests;

“respondent telecommunications provider” in relation to an appeal under regulation 32(6) of the Regulations means the telecommunications provider making the claim which constitutes the disputed certification; and

“telecommunications provider” means a telecommunications service or network provider as defined in the Regulations.

(3) In these Rules, except where the context otherwise requires, “party ” means the appellant or–

(a) in relation to an appeal under section 32(4) of the Regulations, the relevant Minister, and

(b) in relation to an appeal under section 32(6) of the Regulations, the respondent telecommunications provider, and except where the context otherwise requires, references in these Rules to a party include a person appointed under rule 21 below to represent his interests.

(4) In relation to proceedings before the Tribunal in Scotland, for the words “ on the trial of an action” in rules 15(6) and 26(2) below there is substituted “ in a proof”.