The Proscribed Organisations Appeal Commission (Procedure) (Amendment) Rules 2007

Statutory Instruments

2007 No. 3377

prevention and SUppression of terrorism

The Proscribed Organisations Appeal Commission (Procedure) (Amendment) Rules 2007

Made

29th November 2007

Coming into force

1st December 2007

The Lord Chancellor makes these Rules in exercise of the powers conferred by paragraph 5 of Schedule 3 to the Terrorism Act 2000(1) and having had regard to the considerations specified in paragraph 5(2) of that Schedule.

In accordance with paragraph 5(5) of that Schedule, a draft of these Rules has been laid before Parliament and approved by resolution of each House of Parliament.

1.  These Rules may be cited as the Proscribed Organisations Appeal Commission (Procedure) (Amendment) Rules 2007 and come into force on 1st December 2007.

2.  In rule 30 of the Proscribed Organisations Appeal Commission (Procedure) Rules 2007(2) —

(a)for paragraphs (2) and (3) substitute—

(2) Subject to paragraph (4), the applicant must file any application for permission to appeal with the Commission no later than 10 days after the day on which the applicant received the determination containing the decision under rule 28(3).;

(b)in paragraph (4), for “the relevant period in paragraph (2) or (3)” substitute “the period in paragraph (2)”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

29th November 2007

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Proscribed Organisations Appeal Commission (Procedure) Rules 2007 (S.I. 2007/1286) to make a minor change to rule 30 of those Rules, which deals with applications for permission to appeal from a decision of the Commission to an appellate court under section 6 of the Terrorism Act 2000 (c.11). Each party will have the same period in which to apply, calculated from the date on which the party received the Commission’s final determination. An impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.

(1)

2000 c.11. Paragraph 5 was amended by section 22(1) and (11) of the Terrorism Act 2006 (c.11).