SCHEDULES

SCHEDULE 3 The Proscribed Organisations Appeal Commission

Section 5.

Constitution and administration

1

1

The Commission shall consist of members appointed by the Lord Chancellor.

2

The Lord Chancellor shall appoint one of the members as chairman.

3

A member shall hold and vacate office in accordance with the terms of his appointment.

4

A member may resign at any time by notice in writing to the Lord Chancellor.

2

The Lord Chancellor may appoint officers and servants for the Commission.

3

The Lord Chancellor—

a

may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants,

b

may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and

c

may pay sums in respect of expenses of the Commission.

Procedure

4

1

The Commission shall sit at such times and in such places as the Lord Chancellor may direct F1 after consulting the following—

a

the Lord Chief Justice of England and Wales;

b

the Lord President of the Court of Session;

c

the Lord Chief Justice of Northern Ireland.

2

The Commission may sit in two or more divisions.

3

At each sitting of the Commission—

a

three members shall attend,

b

one of the members shall be a person who holds or has held high judicial office (within the meaning of F2Part 3 of the Constitutional Reform Act 2005) or is or has been a member of the Judicial Committee of the Privy Council, and

c

the chairman or another member nominated by him shall preside and report the Commission’s decision.

F34

The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph.

5

The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph.

6

The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—

a

the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002 (c. 26);

b

a Lord Justice of Appeal (as defined in section 88 of that Act).

5

1

The Lord Chancellor may make rules—

a

regulating the exercise of the right of appeal to the Commission;

b

prescribing practice and procedure to be followed in relation to proceedings before the Commission;

c

providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;

d

making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);

e

making provision about proof of the Commission’s decisions.

2

In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—

a

that decisions which are the subject of appeals are properly reviewed, and

b

that information is not disclosed contrary to the public interest.

3

The rules shall make provision permitting organisations to be legally represented in proceedings before the Commission.

4

The rules may, in particular—

a

provide for full particulars of the reasons for proscription or refusal to deproscribe to be withheld from the organisation or applicant concerned and from any person representing it or him;

F4aa

provide for full particulars of the reasons for—

i

the making of an order under section 3(6), or

ii

a refusal to provide for a name to cease to be treated as a name for an organisation,

to be withheld from the organisation or applicant concerned and from any person representing it or him;

b

enable the Commission to exclude persons (including representatives) from all or part of proceedings;

c

enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);

d

permit preliminary or incidental functions to be discharged by a single member;

e

permit proceedings for permission to appeal under section 6 to be determined by a single member;

f

make provision about the functions of persons appointed under paragraph 7;

g

make different provision for different parties or descriptions of party.

5

Rules under this paragraph—

a

shall be made by statutory instrument, and

b

shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

6

In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

6

1

This paragraph applies to—

a

proceedings brought by an organisation before the Commission, and

b

proceedings arising out of proceedings to which paragraph (a) applies.

2

Proceedings shall be conducted on behalf of the organisation by a person designated by the Commission (with such legal representation as he may choose to obtain).

3

In F5paragraph 5 of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.

7

1

The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b).

2

The relevant law officer is—

a

in relation to proceedings in England and Wales, the Attorney General,

b

in relation to proceedings in Scotland, the Advocate General for Scotland, and

c

in relation to proceedings in Northern Ireland, the F8 Advocate General for Northern Ireland .

3

A person appointed under this paragraph must—

a

have a general qualification for the purposes of section 71 of the M1Courts and Legal Services Act 1990 (qualification for legal appointments),

b

be an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the M2Solicitors (Scotland) Act 1980, or

c

be a member of the Bar of Northern Ireland.

4

A person appointed under this paragraph shall not be responsible to the organisation or other applicant whose interests he is appointed to represent.

5

In F6paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.

F78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .