[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 4E+WGeneral Provisions

HearingsE+W

80.17.—(1) The following proceedings must be determined at a hearing—

(a)a review hearing under section 9(1) of the [F3TPIM Act or section 45(1) of the National Security Act] (review hearing);

(b)an appeal under section 16 of the [F4TPIM] Act (appeals relating to a TPIM notice) [F5or section 52 of the National Security Act (appeals relating to a Part 2 notice)];

(c)an appeal to the Court of Appeal from an order of the High Court made in the proceedings mentioned in sub-paragraph (a) or (b) above; and

(d)a hearing under rule 80.25(2) (consideration of the Secretary of State’s objection or application).

(2) Paragraph (1)(a) does not apply where the court discontinues the review hearing in accordance with section 9(3) of the [F6TPIM Act or section 45(3) of the National Security Act].

(3) Paragraph (1)(b) does not apply where—

(a)the appeal is withdrawn by the TPIM [F7or Part 2] subject;

(b)the Secretary of State consents to the appeal being allowed; or

(c)the TPIM [F7or Part 2] subject is outside the United Kingdom or it is impracticable to give the TPIM [F7or Part 2] subject notice of a hearing and, in either case, the TPIM [F7or Part 2] subject is unrepresented.

(4) Paragraph (1)(c) does not apply where—

(a)the Court of Appeal grants a request by the appellant to dismiss the appeal;

(b)the Court of Appeal allows the appeal with consent; or

(c)the Court of Appeal strikes out the appeal.]

Textual Amendments

F3Words in rule 80.17(1)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(a)(i)

F6Words in rule 80.17(2) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 21(b)