The Civil Procedure (Amendment) (EU Exit) Rules 2019

Amendment of Part 79 of the Civil Procedure Rules 1998

3.—(1) Part 79 of the Civil Procedure Rules 1998 (proceedings under the Counter-Terrorism Act 2008(1) and Part 1 of the Terrorist Asset-Freezing etc. Act 2010(2)) is amended as follows.

(2) For the title of Part 79 substitute—

“PROCEEDINGS UNDER THE COUNTER-TERRORISM ACT 2008, PART 1 OF THE TERRORIST ASSET-FREEZING ETC. ACT 2010 AND PART 1 OF THE SANCTIONS AND ANTI-MONEY LAUNDERING ACT 2018”.

(3) In the table of contents for Part 79—

(a) for the cross-heading for section 2, substitute “APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT”;

(b) in the entry for rule 79.11, for “the Treasury” substitute “the appropriate Minister”;

(c) in the entry for rule 79.21, for “the Treasury’s” substitute “the appropriate Minister’s”;

(d) in the entry for rule 79.26, for “the Treasury’s” substitute “the appropriate Minister’s”;

(e) in the entry for rule 79.29, for “Treasury” substitute “appropriate Minister”.

(4) In rule 79.1—

(a) in paragraph (1)(b), after “2010” insert “, and sanctions proceedings under the Sanctions and Anti-Money Laundering Act 2018”;

(b) in paragraph (2)—

(i) after sub-paragraph (aa), insert—

“(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;”;

(ii) after sub-paragraph (b), insert—

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

(iii) after sub-paragraph (c), insert—

“(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;”;

(iv) in sub-paragraph (d)—

(aa) in paragraph (i), for “the Treasury wish” substitute “the appropriate Minister wishes”;

(bb) in paragraph (ii), for “the Treasury’s” substitute “the appropriate Minister’s”;

(cc) in paragraph (iii), for “the Treasury are” substitute “the appropriate Minister is”;

(dd) in the words after paragraph (iii), for “the Treasury object” substitute “the appropriate Minister objects”;

(v) in sub-paragraphs (e) and (g), for “the Treasury” substitute “the appropriate Minister”;

(vi) in sub-paragraph (h), after “the 2010 Act” insert “and section 40(1) of the 2018 Act”;

(vii) in sub-paragraph (i), for “the Treasury” substitute “the appropriate Minister”.

(c) For the heading to section 2 substitute—

“APPLICATION TO SET ASIDE FINANCIAL RESTRICTIONS DECISIONS UNDER THE 2008 ACT OR THE 2010 ACT AND SANCTIONS DECISIONS UNDER THE 2018 ACT.”.

(5) In rule 79.3, after “2010 Act” insert “or a sanctions decision under section 38(2) of the 2018 Act”.

(6) In rule 79.5(1), after “decision” insert “or sanctions decision”.

(7) In rule 79.6—

(a) in paragraphs (1) and (2)(a) and (b), after “decision” insert “or sanctions decision”;

(b) in paragraph (3)(a)(i)—

(i) after “decision” insert “or sanctions decision”;

(ii) for “the Treasury” substitute “the appropriate Minister”.

(8) In rules 79.8, 79.9 and 79.10, in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(9) In rule 79.11—

(a) in each place it occurs (including the heading), for “the Treasury” substitute “the appropriate Minister”;

(b) in paragraph (1)—

(i) for “intend” substitute “intends”;

(ii) after “decision” insert “or sanctions decision”;

(iii) for “they must” substitute “the appropriate Minister must”;

(iv) for “they are” substitute “the appropriate Minister is”;

(c) in paragraphs (2) and (3), for “object” substitute “objects”;

(d) in paragraph (5), for “the Treasury’s” substitute “the appropriate Minister’s”;

(e) in paragraphs (6)(b) and (7)(a), after “decision” insert “or sanctions decision”;

(f) in paragraph (8), for “object” substitute “objects”.

(10) In rule 79.12—

(a) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(b) in paragraph (1), after “decision” insert “or sanctions decision”;

(c) in paragraph (3), for “seek” substitute “seeks”.

(11) In rule 79.13, after “proceedings” insert “and sanctions proceedings”.

(12) In rule 79.17—

(a) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(b) in paragraph (1)(b), for “consent” substitute “consents”.

(13) In rule 79.18—

(a) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(b) in paragraph (1)(b), for “intend” substitute “intends”;

(c) in paragraph (2)(a), for “do” substitute “does”.

(14) In rule 79.19, for “the Treasury” substitute “the appropriate Minister”.

(15) In rule 79.20—

(a) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(b) in paragraphs (1) and (2), for “serve” substitute “serves”;

(c) in paragraph (3)(b), for “them” substitute “the appropriate Minister”;

(d) in paragraph (5)(b), for “they have” substitute “the appropriate Minister has”;

(e) in paragraph (6), for “have” substitute “has”.

(16) In rule 79.21—

(a) in the heading, for “the Treasury’s” substitute “the appropriate Minister’s”;

(b) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(c) in paragraph (1), for “object” substitute “objects”;

(d) in paragraph (2)(a), for “serve” substitute “serves”;

(e) in paragraph (3)(a), for “the Treasury’s” substitute “the appropriate Minister’s”.

(17) In rule 79.24—

(a) in both places, for “the Treasury” substitute “the appropriate Minister”;

(b) for “serve” substitute “serves”.

(18) In rule 79.25—

(a) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(b) in paragraph (2)(c), for “consider” substitute “considers”;

(c) in paragraph (3), for “serve” substitute “serves”.

(19) In rule 79.26—

(a) in the heading, for “the Treasury’s” substitute “the appropriate Minister’s”;

(b) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(c) in paragraph (1), for “apply” substitute “applies”;

(d) in paragraph (2)(a), for “serve” substitute “serves”;

(e) in paragraph (3)(a), for “the Treasury’s” substitute “the appropriate Minister’s”;

(f) in paragraph (7)—

(i) in sub-paragraph (a), for “are” substitute “is”;

(ii) in sub-paragraph (b)—

(aa) for “they do” substitute “the appropriate Minister does”;

(bb) for “the Treasury’s” substitute “the appropriate Minister’s”;

(cc) for “their” substitute “the appropriate Minister’s”;

(dd) for “do” substitute “does”.

(20) In rule 79.28, in each place it occurs, for “the Treasury” substitute “the appropriate Minister”.

(21) In rule 79.29—

(a) in the heading, for “Treasury” substitute “appropriate Minister”;

(b) in each place it occurs, for “the Treasury” substitute “the appropriate Minister”;

(c) in paragraph (3)—

(i) for “they consider” substitute “the appropriate Minister considers”;

(ii) for “their” substitute “the appropriate Minister’s”;

(d) in paragraph (4)—

(i) for “make” substitute “makes”;

(ii) for “they” substitute “the appropriate Minister”.

(1)

2008 c. 28.

(2)

2010 c. 38.