The Civil Procedure Rules 1998

[F1 [F2 Scope and interpretation of this Part E+W

79.1.— (1) This Part contains rules about—

(a) in Section 1, interpretation and modification of the overriding objective;

(b) in Section 2, financial restrictions proceedings under the Counter-Terrorism Act 2008 and the Terrorist Asset-Freezing etc Act 2010 [F3 , and sanctions proceedings under the Sanctions and Anti-Money Laundering Act 2018];

(c) in Section 3, appeals relating to designations under the Terrorist Asset-Freezing etc Act 2010;

(d) in Section 4, general provisions applicable to proceedings within Sections 2 and 3; and

(e) in Section 5, applications for a notification order under Schedule 4 to the Counter-Terrorism Act 2008.]

(2) In this Part—

(a) “the [F4 2008] Act” means the Counter-Terrorism Act 2008;

[F5 (aa) the 2010 Act” means the Terrorist Asset-Freezing etc. Act 2010;]

[F6 (ab) “the 2018 Act” means the Sanctions and Anti-Money Laundering Act 2018;

(ac) “appropriate Minister” means—

(i) in relation to a challenge to a decision of the Secretary of State, the Secretary of State;

(ii) in relation to a challenge to a decision of the Treasury, the Treasury;]

(b) “financial restrictions decision” means a decision to which section 63(1) of the [F7 2008 Act or section 27 of the 2010] Act applies;

[F8 (ba) “sanctions decision” means a decision to which section 38 of the 2018 Act (court review of decisions) applies;]

(c) “financial restrictions proceedings” [F9 means—

(i) financial restrictions proceedings within the meaning of section 65 of the 2008 Act; and

(ii) proceedings in the High Court on an application under section 27 of the 2010 Act, or on a claim arising from any matter to which such an application relates];

[F10 (cza) “sanctions proceedings” means proceedings—

(i) on an application under section 38 of the 2018 Act, or

(ii) on a claim arising from any matter to which such an application relates;]

[F11 (ca) “designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act.]

(d) “closed material” means—

(i) material, evidence or submissions to the court upon which [F12 the appropriate Minister wishes] to rely in proceedings;

(ii) material which adversely affects [F13 the appropriate Minister’s] case or supports another party’s case; or

(iii) information which [F14 the appropriate Minister is] required to file pursuant to an order under rule 79.11(7),

but which [F15 the appropriate Minister objects] to disclosing to another party and that party’s legal representative;

(e) “legal representative” in relation to a party to proceedings other than [F16 the appropriate Minister] does not include a special advocate;

(f) “material” means anything in which information of any description is recorded;

(g) “party” includes [F17 the appropriate Minister] unless otherwise stated or unless the context otherwise requires;

(h) “special advocate” means a person appointed under section 68 of the [F18 2008 Act (including that section as applied by section 28(4) of the 2010 Act [F19 and section 40(1) of the 2018 Act])]; and

(i) “specially represented party” means a party, other than [F20 the appropriate Minister], whose interests a special advocate represents.]

Textual Amendments

F1 Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.

F2 Rule 79.1(1) and heading substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(c)

F3 Words in rule 79.1(1)(b) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(a)

F4 Word in rule 79.1(2)(a) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(b)

F5 Rule 79.1(2)(aa) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(c)

F6 Rule 79.1(2)(ab)(ac) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(i)

F7 Words in rule 79.1(2)(b) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(d)

F8 Rule 79.1(2)(ba) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(ii)

F9 Words in rule 79.1(2)(c) substituted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(e)

F10 Rule 79.1(2)(cza) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iii)

F11 Rule 79.1(2)(ca) inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(d)

F12 Words in rule 79.1(2)(d)(i) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(aa)

F13 Words in rule 79.1(2)(d)(ii) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(bb)

F14 Words in rule 79.1(2)(d)(iii) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(cc)

F15 Words in rule 79.1(2)(d) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(iv)(dd)

F16 Words in rule 79.1(2)(e) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(v)

F17 Words in rule 79.1(2)(g) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(v)

F18 Words in rule 79.1(2)(h) substituted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), s. 55(1), Sch. 1 para. 5(f)

F19 Words in rule 79.1(2)(h) inserted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(vi)

F20 Words in rule 79.1(2)(i) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(4)(b)(vii)