The Information Tribunal (National Security Appeals) Rules 2005

Application and interpretation

3.—(1) These Rules apply to appeals under section 28 of the 1998 Act, section 60 of the 2000 Act and regulation 18(7) of the 2004 Regulations.

(2) In these Rules—

“the 1998 Act” means the Data Protection Act 1998;

“the 2000 Act” means the Freedom of Information Act 2000(1);

“the 2004 Regulations” means the Environmental Information Regulations 2004(2);

“appeal” means an appeal under–

(a)

section 28 of the 1998 Act,

(b)

section 60 of the 2000 Act, or

(c)

section 60 as applied by regulation 18(1), as modified by regulation 18(7) of the 2004 Regulations,as the case may be;

“appellant” means–

(a)

a person who brings or intends to bring an appeal under section 28 of the 1998 Act, or

(b)

the Commissioner or an applicant who brings or intends to bring an appeal under section 60 of the 2000 Act or section 60 as applied by regulation 18(1), as modified by regulation 18(7) of the 2004 Regulations,as the case may be;

“costs”–

(a)

except in Scotland, includes fees, charges, disbursements, expenses and remuneration;

(b)

in Scotland means expenses, and includes fees, charges, disbursements and remuneration;

“disputed certification” means–

(a)

in relation to an appeal under section 28(4) of the 1998 Act, section 60(1) of the 2000 Act or section 60(1) of the 2000 Act as applied by regulation 18(1), as modified by regulation 18(7) of the 2004 Regulations, the certificate against which the appeal is brought or intended to be brought;

(b)

in relation to an appeal under section 28(6) of the 1998 Act, the claim by a data controller, against which the appeal is brought or intended to be brought, that a certificate applies to any personal data;

(c)

in relation to an appeal under section 60(4) of the 2000 Act or section 60(4) as applied by regulation 18(1), as modified by regulation 18(7) of the 2004 Regulations, the claim by a public authority against which the appeal is brought or intended to be brought, that a certificate applies to any information,as the case may be;

“hearing” means a sitting of the Tribunal for the purposes of enabling the Tribunal to take a decision on an appeal, or on any matter raised in relation to an appeal, at which the parties are entitled to attend and be heard;

“party” has the meaning given in paragraph (3) below;

“president” means the person designated by the Lord Chancellor under paragraph 3 of Schedule 6 to the 1998 Act to preside when the Tribunal is constituted under that paragraph;

“proper officer” in relation to a rule means an officer or member of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the 1998 Act and appointed by the chairman to perform the duties of a proper officer under that rule;

“relevant Minister” means the Minister of the Crown who is responsible for the signing of the certificate under section 28(2) of the 1998 Act, section 23(2) or 24(3) of the 2000 Act, or regulation 15(1) of the 2004 Regulations to which the appeal relates as the case may be, and except where the context otherwise requires, references in these Rules to the relevant Minister include a person appointed under rule 22 below to represent his interests or a person designated under regulation 15(2) of the 2004 Regulations; and

“respondent data controller” means, in relation to an appeal under section 28(6) of the 1998 Act, the data controller making the claim which constitutes the disputed certification.

(3) In these Rules, except where the context otherwise requires, “party” means the appellant or–

(a) in relation to an appeal under either section 28(4) of the 1998 Act, section 60 of the 2000 Act or section 60 of the 2000 Act as applied by regulation 18(1), as modified by regulation 18(7) of the 2004 Regulations, the relevant Minister,

(b) in relation to an appeal under section 28(6) of the 1998 Act, the respondent data controller,

and, except where the context otherwise requires, references in these Rules to a party or to any such party include a person appointed under rule 22 below to represent his interests.

(4) In relation to proceedings before the Tribunal in Scotland, for the words “on the trial of an action in rules 16(7) and 27(2) below, there is substituted “in a proof”.

(5) Appeals brought before 1st January 2005 shall be determined in accordance with the Data Protection Tribunal (National Security Appeals) Rules 2000.

(1)

2000 c. 36.

(2)

S.I. 2004/3391. Regulation 18(1) applies section 60 of the 2000 Act to certificates issued under regulation 15 of the 2004 Regulations, with the modifications made by regulation 18(7).