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Terrorism Prevention and Investigation Measures Act 2011

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Point in time view as at 15/12/2011.

Changes over time for: Cross Heading: Use of advisers

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Use of advisersE+W+S+N.I.

8(1)In any TPIM proceedings or appeal proceedings the relevant court may if it thinks fit—E+W+S+N.I.

(a)call in aid one or more advisers appointed for the purposes of this paragraph by the Lord Chancellor, and

(b)hear and dispose of the proceedings with the assistance of the adviser or advisers.

(2)The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of—

(a)the Lord President of the Court of Session, in relation to an adviser who may be called in aid wholly or mainly in Scotland;

(b)the Lord Chief Justice of Northern Ireland, in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland;

(c)the Lord Chief Justice of England and Wales, in any other case.

(3)Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1).

(4)The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.

9(1)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 the function under paragraph 8(2)(a).E+W+S+N.I.

(2)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8(2)(b)—

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

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

(3)The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8(2)(c).

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