The Magistrates’ Courts (Counter Terrorism Act 2008) (Foreign Travel Restriction Orders) Rules (Northern Ireland) 2010

Foreign Travel Restriction Orders

2.—(1) A summons issued on foot of a complaint for a foreign travel restriction order shall be in Form 1.

(2) A foreign travel restriction order shall be in Form 2.

(3) A summons issued on foot of a complaint for the variation, renewal or discharge of a foreign travel restriction order shall be made in Form 3, and such proceedings shall be before a court of summary jurisdiction acting for the petty sessions district which includes the area where the person subject to the order resides.

(4) Subject to paragraph (5), service of a summons under these Rules may be effected by—

(a) a member of the Police Service of Northern Ireland serving a copy of the summons on the defendant in person; or

(b) by sending a copy of the summons by ordinary first class post to the defendant at his last known address (in which cases the summons shall be deemed to have been received in the ordinary course of post, unless the defendant proves that he did not receive it).

(5) In the case of a summons on foot of a complaint for the variation or discharge of a foreign travel restriction order issued by the defendant mentioned in that order, service may be effected in accordance with paragraphs (2), (6) and (7) of Rule 11 of the Magistrates’ Courts (Northern Ireland) Rules 1984 by delivering a copy of the summons to any police station within the petty sessions district in which the proceedings are brought and leaving a copy with the officer in charge or any other constable.

(6) Where the court makes a foreign travel restriction order, the clerk of petty sessions shall serve a copy of the order on the defendant—

(a) where the defendant is present, in person, if practicable; or

(b) by sending it by ordinary first class post to the defendant at either his last known address or any address which is currently notified by him under Part 4 of the Counter Terrorism Act 2008 (in which cases the order will be deemed to have been received by him in the ordinary course of post unless the defendant proves that he did not receive it),

and shall send a copy by ordinary first class post to the complainant.

(7) Where the court makes an order varying, renewing or discharging a foreign travel restriction order the clerk of petty sessions shall serve on the defendant a copy of the order as it has been varied, renewed or discharged—

(a) where the defendant is present, in person, if practicable; or

(b) by sending it by ordinary first class post to the defendant at either his last known address or any address which is currently notified by him under Part 4 of the Counter Terrorism Act 2008 (in which cases the order will be deemed to have been received by him in the ordinary course of post unless the defendant proves he did not receive it),

and shall send a copy by ordinary first class post to the complainant.

(8) In paragraphs (6) and (7), references to the complainant and the defendant are references to the complainant and the defendant in the proceedings in which the order was originally made.