[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

Appointment of a special advocateE+W

80.19.—(1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under paragraph 10(1) of [F3Schedule 4 to the TPIM Act and of Schedule 10 to the National Security Act], has the power to appoint a special advocate) on—

(a)making an application under [F4section 6(1)(b) of the TPIM Act or section 42(1)(b) of the National Security Act] (application for permission to impose measures);

(b)making a reference under paragraph 3(1) of [F5Schedule 2 to the TPIM Act or paragraph 3(1) of Schedule 8 to the National Security Act] (reference of the imposition of measures imposed without permission); or

(c)being served with a copy of any application, claim or notice of appeal in proceedings to which this Part applies.

(2) Paragraph (1) applies unless—

(a)the Secretary of State does not intend to—

(i)oppose the application, claim or appeal; or

(ii)withhold closed material from a relevant party; or

(b)a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 80.21.

(3) Where any proceedings to which this Part applies are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the Attorney General appoints a special advocate.]

Textual Amendments

F3Words in rule 80.19(1) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 22(a)

F4Words in rule 80.19(1)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 22(b)

F5Words in rule 80.19(1)(b) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 22(c)