The Civil Procedure Rules 1998 No. 3132 (L. 17)

[F1 PART 79 E+W [F2 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]

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 Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)

SECTION 4 E+W GENERAL PROVISIONS [F3 APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART]

Textual Amendments

F3 Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)

Application by [F4 appropriate Minister] for reconsideration of order, direction or judgment E+W

79.29.— (1) This rule applies where the court proposes, in any proceedings to which [F5 Section 2 or 3 of] this Part applies, to serve on a party other than [F6 the appropriate Minister] —

(a) notice of any order or direction made or given in the absence of [F6 the appropriate Minister]; or

(b) any written judgment.

(2) Before the court serves any such notice or judgment on a party other than [F6 the appropriate Minister], it will first serve notice on [F6 the appropriate Minister] of its intention to do so.

(3) [F6 the appropriate Minister] may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if [F7 the appropriate Minister considers]—

(a) [F8 the appropriate Minister’s] compliance with the order or direction; or

(b) the notification to another party of any matter contained in the judgment, order or direction,

would cause information to be disclosed contrary to the public interest.

(4) Where [F6 the appropriate Minister] [F9 makes] an application under paragraph (3), [F10 the appropriate Minister] must at the same time serve on a special advocate, if one has been appointed—

(a) a copy of the application;

(b) a copy of the relevant document referred to in paragraph (1)(a) or (b); and

(c) a copy of the notice served on [F6 the appropriate Minister] pursuant to paragraph (2).

(5) If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.

(6) The court will not serve notice on a party other than [F6 the appropriate Minister] as mentioned in paragraph (1) before the time for [F6 the appropriate Minister] to make an application under paragraph (3) has expired.]

Textual Amendments

F4 Words in rule 79.29 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(a)

F5 Words in rule 79.29(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(i)

F6 Words in rule 79.29 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(b)

F7 Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(i)

F8 Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(ii)

F9 Word in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(i)

F10 Words in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(ii)