SCHEDULES
SCHEDULE 3 The Proscribed Organisations Appeal Commission
Procedure
4
1
The Commission shall sit at such times and in such places as the Lord Chancellor may direct F5 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 F7Part 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.
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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;
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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 F1paragraph 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 F2paragraph 5 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.
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