The Civil Procedure (Amendment) Rules 2015

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Civil Procedure Rules 1998 (“the CPR”) for the purpose of implementing Chapter 2 of Part 1 of the Counter-Terrorism and Security Act 2015(1) (“the 2015 Act”) by—

• amending rule 1.2 (application by the court of the overriding objective), so that it is subject to rule 88.2 (modification to the overriding objective);

• inserting a new Part 88 containing rules about proceedings in relation to temporary exclusion orders, particularly where sensitive material is in issue and it is necessary to ensure that such material is not disclosed where such disclosure would be contrary to the public interest. This includes modification of the application of other Parts of the CPR for the purposes of those proceedings).

The 2015 Act makes provision, in Chapter 2 of Part 1, to allow the Secretary of State to impose a temporary exclusion order (“TEO”) on an individual if satisfied that five conditions set out in section 2 of the Act are met, in particular that the individual is or has been involved in terrorism-related activity outside the United Kingdom and that it is necessary for purposes connected with protecting the public from a risk of terrorism for a TEO to be imposed on the individual. A TEO requires the individual subject to it not to return to the United Kingdom except in accordance with a permit to return issued by the Secretary of State before the individual began the return or as a result of the individual being deported to the United Kingdom. The prior permission of the court is required to impose a TEO, except in circumstances of particular urgency, in which case the Secretary of State may impose a TEO but must refer the matter to the court immediately after doing so; and the individual on whom a TEO has been imposed may also apply to the court to review the Secretary of State’s decision that the conditions for the TEO were (or any one of them was) met, the decision to impose the TEO, or the decision to impose conditions (such as reporting conditions, or a condition of informing the police of any change of address) on an individual after return.

Section I of Part 88 contains rules about the scope, interpretation and application of the Part. Rule 88.2 modifies the overriding objective for the purposes of Part 88 by placing a duty on the court to ensure that information is not disclosed where such disclosure would be 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 88, is, however, subject to paragraph 5(1) of Schedule 3 to the 2015 Act, which provides that nothing in the relevant provisions of the 2015 Act or in rules made by virtue of them is to be read as requiring the court to act in a manner inconsistent with Article 6 of the European Convention on Human Rights.

Section II of Part 88 contains rules about—

• applications by the Secretary of State to impose TEOs;

• references of TEOs imposed by the Secretary of State without permission; and

• applications for review of the decision to impose a TEO or of other decisions relating to a TEO.

Section III of Part 88 contains rules about appeals to the Court of Appeal from decisions of the High Court in proceedings to which Section II applies.

Section IV of Part 88 contains general provisions applying to all proceedings to which Part 88 applies. These include provision for—

• applications for an order requiring anonymity for an individual on whom a TEO has been or is to be imposed (rule 88.18);

• hearings (rules 88.19 to 88.21);

• notifying the Attorney General of proceedings, the appointment and functions of a special advocate and the special advocate’s communications with others (rules 88.22 to 88.24);

• modification of the general rules of evidence and disclosure (rule 88.25);

• the filing and service of relevant material by the Secretary of State (rule 88.26);

• applications by the Secretary of State to withhold closed material from a relevant party and consideration of such applications and objections to proposed communications by the special advocate with the relevant party (rules 88.27 and 88.28);

• the order in which the filing and service of material and submissions must take place, and directions of the court (rules 88.29 and 88.30);

• the court to withhold (so that they are given only to the Secretary of State and special advocate, but not to the relevant party) any, or any part, of its reasons when giving judgment, if it is not possible to give reasons without disclosing information in a way which would be contrary to the public interest (rule 88.31);

• applications by the Secretary of State for the court to reconsider the terms of any order or decision given in the Secretary of State’s absence, or the terms of any judgment, to prevent the disclosure of information in a way which would be contrary to the public interest (rule 88.32).

(1)

2015 c. 6