The Civil Procedure Rules 1998

[F1 SECTION 2 E+W Permission Applications, References and Appeals to the High Court Relating to TPIM Notices [F2 and Part 2 Notices]

Textual Amendments

F1 Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.

F2 Words in Pt. 80 Section 2 heading inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 7

Scope of this section E+W

80.3.   This section contains rules about—

(a) applications under section 6(1)(b) of the [F3 TPIM Act or section 42(1)(b) of the National Security Act] (application for permission to impose measures);

(b) references under paragraph 3(1) of Schedule 2 to the [F4 TPIM Act or of Schedule 8 to the National Security Act] (reference of the imposition of measures imposed without permission); and

(c) appeals to the High Court under section 16 of the [F5 TPIM] Act (appeals relating to a TPIM notice) [F6 or section 52 of the National Security Act (appeals relating to a Part 2 notice)].

Textual Amendments

F3 Words in rule 80.3(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 8(a)

F4 Words in rule 80.3(b) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 8(b)

F5 Word in rule 80.3(c) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 8(c)(i)

F6 Words in rule 80.3(c) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 8(c)(ii)

Application for permission to impose measures E+W

80.4.   An application under section 6(1)(b) of the [F7 TPIM Act or section 42(1)(b) of the National Security Act] for permission to impose measures must be made by the Secretary of State filing with the court—

(a) a statement of reasons to support the application;

(b) any relevant material of which the Secretary of State is aware at that stage;

(c) any written submissions; and

(d) the proposed TPIM [F8 or Part 2] notice.

Textual Amendments

F7 Words in rule 80.4 substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 9(a)

F8 Words in rule 80.4(d) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 9(b)

Reference of measures imposed without permission E+W

80.5.   A reference under paragraph 3(1) of Schedule 2 to the [F9 TPIM Act or of Schedule 8 to the National Security Act] of the imposition of measures imposed without permission is made by the Secretary of State filing with the court—

(a) a statement of reasons for imposing measures and for imposing the measures specified in the TPIM notice [F10 or Part 2 notice];

(b) any relevant material of which the Secretary of State is aware at that stage;

(c) any written submissions; and

(d) the TPIM notice [F11 or Part 2 notice].

Textual Amendments

F9 Words in rule 80.5 substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 10(a)

F10 Words in rule 80.5(a) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 10(b)

F11 Words in rule 80.5(d) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 10(c)

Directions for hearing on an application for permission or on a reference E+W

80.6.— [F12 (1) If the court gives permission on an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act, or confirms a TPIM notice on a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or a Part 2 notice on a reference under paragraph 3(1) of Schedule 8 to the National Security Act, the court must give directions for a directions hearing at which the TPIM subject or Part 2 subject, the TPIM subject’s or Part 2 subject’s legal representative, the special advocate (if one has been appointed) and the Secretary of State’s legal representative may be present.

(2) In a case where permission is given (following an application under section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the TPIM notice is served on the TPIM subject or the Part 2 notice is served on the Part 2 subject.

(3) In a case where the TPIM notice or Part 2 notice is confirmed (following a reference under paragraph 3(1) of Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act), the date to be fixed for the directions hearing must, unless the court otherwise directs, be no later than 7 days after the date on which the court confirms the TPIM notice or Part 2 notice.]

(4) At the directions hearing, the court must give directions—

(a) for a review hearing under section 9(1) of the [F13 TPIM Act or (as the case may be) section 45(1) of the National Security Act]; and

(b) specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions in accordance with rule 80.26.

(5) When giving directions under paragraph (4), the court must have regard to the need to expedite the review hearing.

(Rules 80.24 and 80.25 will apply where any closed material is filed by the Secretary of State).

Textual Amendments

F12 Rules 80.6(1)-(3) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 11(a)

F13 Words in rule 80.6(4)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 11(b)

Appeals under section 16 of the [F14 TPIM Act or section 52 of the National Security Act] E+W

80.7.   Rules 80.8 to 80.11 apply to an appeal under section 16 of the Act (appeals relating to a TPIM notice) [F15 or section 52 of the National Security Act (appeals relating to a Part 2 notice)].

Textual Amendments

F14 Words in rule 80.7 heading substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 12(a)

F15 Words in rule 80.7 inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 12(b)

Modification of Part 52 (appeals) E+W

80.8.— (1) Part 52 (appeals) applies to an appeal under section 16 of the [F16 TPIM Act or section 52 of the National Security Act], subject to—

(a) rule 80.2;

(b) the rules in section 4 of this Part; and

(c) paragraphs (2) and (3).

(2) The following rules do not apply to appeals under section 16 of the [F17 TPIM Act or section 52 of the National Security Act]—

(a) [F18 rules 52.3, 52.4 and 52.6] (permission);

(b) rule [F19 52.12] (appellant’s notice);

(c) rule [F20 52.13] (respondent’s notice); and

(d) rule [F21 52.21] (hearing of appeals).

(3) Rule 52.2 (all parties to comply with [F22 Practice Directions 52A to 52E) apply], but the parties shall not be required to comply with [F23 paragraphs 5.1 to 5.3 of Practice Direction 52A and paragraphs 6.3 to 6.6 of Practice Direction 52B].

Textual Amendments

F16 Words in rule 80.8(1) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 13(a)

F17 Words in rule 80.8(2) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 13(b)

F18 Words in rule 80.8(2)(a) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(a)

F19 Word in rule 80.8(2)(b) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(b)

F20 Word in rule 80.8(2)(c) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(c)

F21 Word in rule 80.8(2)(d) substituted (3.10.2016) by The Civil Procedure (Amendment No. 3) Rules 2016 (S.I. 2016/788), rules 2, 14(1)(d)

F22 Words in rule 80.8(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 15(a)(i)

F23 Words in rule 80.8(3) substituted (1.10.2012) by The Civil Procedure (Amendment No.2) Rules 2012 (S.I. 2012/2208), rules 1, 15(a)(ii)

Notice of appeal E+W

80.9.— (1) The TPIM [F24 or Part 2] subject must give notice of appeal by—

(a) filing a notice of appeal with the court; and

(b) serving a copy of that notice and any accompanying documents on the Secretary of State.

(2) The notice of appeal must—

(a) set out the grounds of the appeal; and

(b) state the name and address of—

(i) the TPIM [F25 or Part 2] subject, and

(ii) the TPIM [F25 or Part 2] subject’s legal representative (if any).

(3) A notice of appeal may include an application under rule 80.15 for an order requiring anonymity for the TPIM [F26 or Part 2] subject.

(4) The notice of appeal must be filed with a copy of the TPIM [F27 or Part 2] notice imposing measures on the TPIM [F27 or Part 2] subject and (as relevant)—

(a) a copy of the extension notice, revival notice or variation notice that is the subject of the appeal;

(b) a copy of the application to the Secretary of State—

(i) for permission in connection with a measure specified in the TPIM [F27 or Part 2] notice,

(ii) for the revocation of the TPIM [F27 or Part 2] notice, or

(iii) for the variation of a measure specified in the TPIM [F27 or Part 2] notice;

(c) a copy of the Secretary of State’s decision on such an application.

(Attention is drawn to rule 80.14(1) relating to the address for issuing proceedings in the High Court).

Textual Amendments

F24 Words in rule 80.9(1) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 14(a)

F25 Words in rule 80.9(2) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 14(b)

F26 Words in rule 80.9(3) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 14(c)

F27 Words in rule 80.9(4) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 14(d)

Time limit for appealing E+W

80.10.— (1) Subject to paragraph (2), the TPIM [F28 or Part 2] subject must give notice of appeal no later than 28 days after receiving—

(a) the extension notice, revival notice or variation notice that is the subject of the appeal; or

(b) notice of the Secretary of State’s decision on an application for permission in connection with a measure specified in the TPIM [F28 or Part 2] notice, for the revocation of the TPIM [F28 or Part 2] notice or for the variation of a measure specified in the TPIM [F28 or Part 2] notice.

(2) In a case where the Secretary of State has failed to determine an application for permission in connection with a measure specified in the TPIM [F29 or Part 2] notice, for the revocation of the TPIM [F29 or Part 2] notice or for the variation of a measure specified in the TPIM [F29 or Part 2] notice, the TPIM [F29 or Part 2] subject must file the notice of appeal—

(a) no earlier than 28 days, and

(b) no later than 42 days,

after the date on which the Secretary of State received the application.

Textual Amendments

F28 Words in rule 80.10(1) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 15(a)

F29 Words in rule 80.10(2) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 15(b)

Secretary of State’s reply E+W

80.11.   If the Secretary of State wishes to oppose an appeal, the Secretary of State must, no later than 14 days after being served with the notice of appeal—

(a) file with the court—

(i) any relevant material of which the Secretary of State is aware at that stage; and

(ii) any written submissions; and

(b) serve on the TPIM [F30 or Part 2] subject any open material.]

Textual Amendments

F30 Words in rule 80.11(b) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 16