The Counter-Terrorism and Security (Jersey) Order 2017

Article 2(e)

SCHEDULE 5 Modifications of Schedule 3 to the Counter-Terrorism and Security Act 2015 as it extends to Jersey

1.  In paragraph 1 (Introductory) for the definitions of “appeal proceedings”, “the relevant court” and “rules of court” substitute—

““appeal proceedings” means proceedings in the Court of Appeal on an appeal relating to TEO proceedings;

“the relevant court” means—

(a)

in relation to TEO proceedings, the Royal Court;

(b)

in relation to appeal proceedings, the Court of Appeal;

“rules of court” means rules for regulating the practice and procedure to be followed in the Royal Court or the Court of Appeal;”.

2.  In paragraph 2 (Rules of court: general provision)—

(a) in sub-paragraph (1) for “A person making rules of court relating to TEO proceedings or appeal proceedings must have regard” substitute “Regard must be had, in making rules of court relating to TEO proceedings or appeal proceedings,”;

(b) in sub-paragraph (2)(f) for “as a special advocate” substitute “as special counsel”;

(c) in sub-paragraph (3)—

(i) in paragraph (a) for “Secretary of State” substitute “Minister”;

(ii) in paragraph (b) for “as a special advocate” substitute “as special counsel”.

3.  In paragraph 3 (Rules of court: disclosure) for “Secretary of State” and “Secretary of State’s” wherever they occur substitute “Minister” and “Minister’s” respectively.

4.  In paragraph 4 (Rules of court: disclosure)—

(a) for “Secretary of State” and “Secretary of State’s” wherever they occur substitute “Minister” and “Minister’s” respectively;

(b) in sub-paragraphs (1)(a) and (4)(b) for “as a special advocate” substitute “as special counsel”.

5.  In paragraph 5 (Article 6 rights) for sub-paragraph (2) substitute—

“(2) The “Human Rights Convention” means the Convention within the meaning of the Human Rights (Jersey) Law 2000(1) (see Article 1(1) of that Law).”.

6.  In paragraph 6 (Rules of court: anonymity)—

(a) in sub-paragraphs (1) and (4) for “Secretary of State” substitute “Minister”;

(b) in sub-paragraph (1) for “the court” wherever it occurs substitute “the Royal Court”;

(c) in sub-paragraph (2) omit “or the Inner House of the Court of Session”.

7.  Omit paragraph 7 (Initial exercise of rule-making powers by Lord Chancellor).

8.  In paragraph 8 (Use of advisers)—

(a) in sub-paragraph (1) for paragraph (a) substitute—

“(a) call in aid one or more advisers able to be called in aid by the equivalent court in England and Wales, and”;

(b) omit sub-paragraph (2);

(c) in sub-paragraph (3) after “the use of” insert “, and payment of remuneration, expenses and allowances to,”;

(d) omit sub-paragraph (4).

9.  Omit paragraph 9 (Nomination of a judge of the Court of Session).

10.  In paragraph 10 (Appointment of special advocate)—

(a) in the heading for “special advocate” substitute “special counsel”;

(b) in sub-paragraph (1) for “appropriate law officer” substitute “Attorney General”;

(c) in sub-paragraph (2) for “as a “special advocate”” substitute “as “special counsel””;

(d) omit sub-paragraph (3);

(e) in sub-paragraph (4) for “as a special advocate” substitute “as special counsel”;

(f) for sub-paragraph (5) substitute—

“(5) A person may be appointed as special counsel only if—

(a) the person is a member of the panel referred to in sub-paragraph (6); or

(b) the person is eligible to be appointed as a special advocate in equivalent TEO proceedings or appeal proceedings in any part of the United Kingdom.

(6) The Attorney General shall appoint a panel of persons, such panel consisting of not less than 10 advocates of the Royal Court, for the purposes of this paragraph.

(7) A person appointed under sub-paragraph (6) may be removed from the panel at any time by the Attorney General whether or not at the person’s request.”.

11.  In paragraph 11 (Relationship with other powers to make rules of court and other proceedings) omit sub-paragraph (b).

(1)

Revised Edition: Chapter 15.350.