[F1Part 80 E+WProceedings under the Terrorism Prevention and Investigation Measures Act 2011[F2and Part 2 of the National Security Act 2023]

Textual Amendments

F2Words in Pt. 80 heading inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 4

SECTION 1E+WApplication of this Part

Scope and interpretationE+W

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

(a)TPIM proceedings [F3and relevant proceedings] in the High Court, and

(b)appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2) In the case of proceedings brought by virtue of section 17(2) of the [F4TPIM Act or section 53(2) of the National Security Act], the rules in this Part shall apply with any modification the court considers necessary.

(3) In this Part—

(a)“[F5the TPIM Act]” means the Terrorism, Prevention and Investigation Measures Act 2011 [F6and “the National Security Act” means the National Security Act 2023];

(b)“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;

(c)“extension notice” means a notice issued under section 5(2) of the [F7TPIM Act], extending a TPIM notice [F8, or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice];

(d)“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the [F9TPIM Act or (as the case may be) of Schedule 10 to the National Security Act];

(e)“measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the [F10TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act)];

(f)“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;

[F11(fa)“Part 2 notice” has the same meaning as in section 39(1) of the National Security Act;

(fb)“Part 2 subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice;]

(g)“relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the [F12TPIM Act or (as the case may be) of Schedule 10 to the National Security Act];

(h)“relevant party” means any party to the proceedings other than the Secretary of State;

[F13(ha)“relevant proceedings” has the same meaning as in section 62(1) of the National Security Act;]

(i)“revival notice” means a notice issued under section 13(6) of the [F14TPIM] Act, reviving a TPIM notice [F15, or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice];

(j)“special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the [F16TPIM Act or of Schedule 10 to the National Security Act];

(k)“TPIM notice” has the same meaning as in section 2(1) of the [F17TPIM] Act;

(l)“TPIM proceedings” has the same meaning as in section 30(1) of the [F18TPIM] Act;

(m)“TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

(n)“variation notice” means a notice issued under section 12(1)(c) of the [F19TPIM] Act, varying the TPIM notice without the individual’s consent [F20, or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent].

(4) For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.]

Textual Amendments

F3Words in rule 80.1(1)(a) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(a)

F4Words in rule 80.1(2) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(b)

F5Words in rule 80.1(3)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(i)(aa)

F9Words in rule 80.1(3)(d) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(iii)

F10Words in rule 80.1(3)(e) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(iv)

F12Words in rule 80.1(3)(g) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(vi)

F16Words in rule 80.1(3)(j) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ix)