The Rules of the Supreme Court (Northern Ireland) (Amendment No.3) 2009

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (S.R. 1980 No. 346) (“the principal Rules”) to take account of provisions in the Counter-Terrorism Act 2008 relating to control orders and notification orders.

Rule 2(2) amends Order 116A of the principal Rules to reflect the amendments made by the Counter-Terrorism Act 2008 to the control order provisions in the Prevention of Terrorism Act 2005. Specifically—

• Rule 2(2)(a) amends rule 10(2)(b) to provide that where a control order is made by the Court under section 3(2)(c) of the Prevention of Terrorism Act 2005, the Court will hold a directions hearing within seven days of the control order being served on the controlled person in order to allow him to make representations.

• Rule 2(2)(b) amends rule 22(4) to provide that the Secretary of State can make an application to the Court for an anonymity order to protect the identity of the controlled person at the stage where leave is sought from the Court to make the order.

Rule 2(3) inserts new Part 5 into Order 116B to prescribe the procedure for applying for a notification order under Schedule 4 to the Counter-Terrorism Act 2008. It also makes technical amendments to Order 116B to provide that the provisions of Part 3 and 4 only apply to applications for financial restrictions proceedings and not to applications under the new Part 5 in respect of notification orders.

These Rules also amend Order 116A and 116B to provide that special advocates in control order proceedings and financial restrictions proceedings can adduce evidence to the Court.