The Civil Procedure (Amendment No. 3) Rules 2011

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend the Civil Procedures Rules 1998 (S.I. 1998/3132) (“the CPR”) by—

(a) amending rule 1.2 (application by the court of the overriding objective), so that it is subject to rule 80.2 (modification to the overriding objective); and

(b) inserting a new Part 80 containing rules about proceedings under the Terrorism Prevention and Investigation Measures Act 2011 (including the modification of the application of certain other Parts of the CPR for the purposes of those proceedings).

The Terrorism Prevention and Investigation Measures Act 2011 (“the Act”) provides for the imposition of measures by way of TPIM notice on individuals whom the Secretary of State reasonably believes to be, or to have been, involved in terrorism-related activity.

Section 1 of Part 80 contains rules about the scope, interpretation and application of the Part. Rule 80.2 modifies the overriding objective for the purposes of Part 80 by placing a duty on the court to ensure that information is not disclosed contrary to the public interest and by requiring that the overriding objective be read and given effect in a way which is compatible with that duty. This, and the rest of Part 80, is however subject to paragraph 5(1) of Schedule 4 to the Act which provides that nothing in Part 80 is to be read as requiring the court to act in a manner inconsistent with the TPIM subject’s right to a fair trial under article 6 of the European Convention on Human Rights.

Section 2 contains rules about—

(a) applications by the Secretary of State for permission to impose measures;

(b) references of measures imposed by the Secretary of State without permission;

(c) the requirement for directions to be given for a review hearing following permission being granted or a TPIM notice being confirmed by the court; and

(d) appeals to the High Court against—

(i) the extension or revival of a TPIM notice;

(ii) the variation, without the consent of the TPIM subject, of a measure imposed by a TPIM notice; or

(iii) a decision by the Secretary of State on an application by the TPIM subject for permission in connection with a measure specified in the TPIM notice, for the revocation of the TPIM notice or for the variation of a measure specified in the TPIM notice.

Rule 80.8 modifies the application of Part 52 of the CPR (appeals) to appeals to the High Court relating to TPIM notices under section 16 of the Act. Rule 80.9 makes provision in relation to the TPIM subject giving notice of appeal. Rules 80.10 and 80.11 prescribe the time limit for giving notice of appeal and for the Secretary of State’s reply.

Section 3 contains a rule modifying the application of Part 52 of the CPR (appeals) to appeals to the Court of Appeal against an order of the High Court in TPIM proceedings.

The rules in Section 4 are general provisions applying to all proceedings to which Part 80 applies. They include provision for—

• applications for an order requiring anonymity for the TPIM subject (rule 80.15);

• hearings (rules 80.16 to 80.18);

• notifying the Attorney General of proceedings, the functions of a special advocate and the special advocate’s communications with others (rules 80.19 to 80.21);

• the modification of the general rules of evidence and disclosure (rule 80.22);

• the filing and service of relevant material by the Secretary of State (rule 80.23);

• applications by the Secretary of State to withhold closed material from a relevant party and consideration of that application or of the Secretary of State’s objection to a special advocate’s proposed communication (rules 80.24 and 80.25);

• the order in which the filing and service of material and submissions must take place and directions of the court (rules 80.26 and 80.27);

• the court to withhold any or part of its reasons when giving judgment if it is not possible to give reasons without disclosing information contrary to the public interest (rule 80.28);

• applications by the Secretary of State for the court to reconsider the terms of any order or direction given in the Secretary of State’s absence, or the terms of any judgment, to prevent the disclosure of information contrary to the public interest (rule 80.29).