The Rules of the Supreme Court (Amendment No. 3) 1989

Prevention of Terrorism (Temporary Provisions) Act 1989(1)

7.  After Order 115, rule 23, there shall be added the following new Part—

“III. PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT 1989

Interpretation

24.   In this Part of this Order—

(a) “the Act” means the Prevention of Terrorism (Temporary Provisions) Act 1989;

(b) “Schedule 4” means Schedule 4 to the Act; and

(c) expressions used have the same meanings as they have in Part III of, and Schedule 4 to, the Act.

Assignment of proceedings

25.— (1) Subject to paragraph (2), the jurisdiction of the High Court under the Act shall be exercised by a judge of the Queen’s Bench Division or of the Chancery Division in chambers.

(2) The jurisdiction conferred on the High Court by paragraph 9 of Schedule 4 may also be exercised by a master of the Queen’s Bench Division.

Application for restraint order

26.— (1) An application for a restraint order under paragraphs 3 and 4 ofSchedule 4 may be made by the prosecutor ex parte by originating motion.

(2) An application under paragraph (1) shall be supported by an affidavit, which shall:—

(a) state, as the case may be, either that proceedings have been instituted against a person for an offence under Part III of the Act and that they have not been concluded or that, whether by the laying of an information or otherwise, a person is to be charged with such an offence; and, in either case, give particulars of the offence;

(b) state, as the case may be, that a forfeiture order has been made in the proceedings or the grounds for believing that such an order may be made;

(c) to the best of the deponent’s ability, give full particulars of the property in respect of which the order is sought and specify the person or persons holding such property and any other persons having an interest in it;

(d) where proceedings have not been instituted, verify that the prosecutor is to have the conduct of the proposed proceedings;

(e) where proceedings have not been instituted, indicate when it is intended that they should be instituted.

(3) An originating motion under paragraph (1) shall be entitled in the matter of the defendant, naming him, and in the matter of the Act, and all subsequent documents in the matter shall be so entitled.

(4) Unless the Court otherwise directs, an affidavit under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.

Restraint order

27.— (1) A restraint order may be made subject to conditions and exceptions, including but not limited to conditions relating to the indemnifying of third parties against expenses incurred in complying with the order, and exceptions relating to living expenses and legal expenses of the defendant, but the prosecutor shall not be required to give an undertaking to abide by any order as to damages sustained by the defendant as a result of the restraint order.

(2) Unless the Court otherwise directs, a restraint order made ex parte shall have effect until a day which shall be fixed for the hearing inter partes of the application.

(3) Where a restraint order is made the prosecutor shall serve copies of the order and of the affidavit in support on the defendant and on all other persons affected by the order.

Discharge or variation of order

28.— (1) Subject to paragraph (2), an application to discharge or vary a restraint order shall be made by summons.

(2) Where the case is one of urgency, an application under this rule by the prosecutor may be made ex parte.

(3) The application and any affidavit in support shall be lodged with the court and, where the application is made by summons, shall be served on the following persons (other than the applicant)—

(a) the prosecutor;

(b) the defendant; and

(c) all other persons restrained or otherwise affected by the order;

not less than two clear days before the date fixed for the hearing of the summons.

(4) Where a restraint order has been made and has not been discharged, the prosecutor shall notify the court when proceedings for the offence have been concluded, and the court shall thereupon discharge the restraint order.

(5) Where an order is made discharging or varying a restraint order, the applicant shall serve copies of the order of discharge or variation on all persons restrained by the earlier order and shall notify all other persons affected of the terms of the order of discharge or variation.

Compensation

29.   An application for an order under paragraph 7 of Schedule 4 shall be made by summons, which shall be served, with any supporting evidence, on the person alleged to be in default and on the relevant authority under paragraph 7(5) not less than 7 days before the date fixed for the hearing of the summons.

Application for registration

30.   An application for registration of a Scottish order, a Northern Ireland order or an Islands order may be made ex parte.

Evidence in support of application

31.   An application for registration of any such order as is mentioned in rule 30 must be supported by an affidavit—

(a) exhibiting the order or a certified copy thereof, and

(b) which shall, to the best of the deponent’s ability, give particulars of such property in respect of which the order was made as is in England and Wales, and specify the person or persons holding such property.

Register of orders

32.— (1) There shall be kept in the Central Office under the direction of the Senior Master a register of the orders registered under the Act.

(2) There shall be included in such register particulars of any variation or setting aside of a registration, and of any execution issued on a registered order.

Notice of registration

33.— (1) Notice of the registration of an order must be served on the person or persons holding the property referred to in rule 31(b) and any other persons appearing to have an interest in that property.

(2) Service of such a notice out of the jurisdiction is permissible without leave, and Order 11, rules 5, 6 and 8 shall apply in relation to such a notice as they apply in relation to a writ.

(3) The notice shall state the period within which an application may be made to vary or set aside the registration.

Application to vary or set aside registration

34.   An application to vary or set aside the registration of an order must be made to a judge by summons supported by affidavit.

This rule does not apply to a variation or cancellation under rule 36.

Enforcement of order

35.— (1) An order registered under the Act shall not be enforced until after the expiration of the period specified in accordance with rule 33(3) or, if that period has been extended by the Court, until after the expiration of the period so extended.

(2) If an application is made under rule 34, an order shall not be enforced until after such application is determined.

(3) This rule does not apply to the taking of steps under paragraph 5 or 6 of Schedule 4, as applied by paragraph 9(6) of that Schedule.

Variation and cancellation of registration

36.   If effect has been given (whether in England and Wales or elsewhere) to a Scottish, Northern Ireland or Islands order, or if the order has been varied or discharged by the court by which it was made, the applicant for registration shall inform the court and—

(a) if such effect has been given in respect of all the money or other property to which the order applies, or if the order has been discharged by the court by which it was made, registration of the order shall be cancelled;

(b) if such effect has been given in respect of only part of the money or other property, or if the order has been varied by the court by which it was made, registration of the order shall be varied accordingly.”.

(1)

1989 c. 4.