The Rules of the Supreme Court (Northern Ireland) (Amendment No.3) 2008

Made: 2nd December 2008

Laid before Parliament: 3rd December 2008

Coming into operation: 4th December 2008

The Lord Chancellor, having power by virtue of section 72 of the Counter-Terrorism Act 2008 [^f00001] to make rules of court under section 55 of the Judicature (Northern Ireland) Act 1978[^f00002] and sections 66 and 67 of the Counter-Terrorism Act 2008, and after consulting the Lord Chief Justice of Northern Ireland in accordance with section 72(2) of that Act, makes the following Rules:

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2008 and shall come into operation on 4th December 2008.

• (2) In these Rules, “the principal Rules” means the Rules of the Supreme Court (Northern Ireland 1980[^f00003] and an Order referred to by number or an Appendix referred to by letter means the Order so numbered or the Appendix so lettered in the principal Rules.

Arrangement of Orders

2

The Arrangement of Orders at the beginning of the principal Rules shall be amended by inserting after the entry relating to Order 116A, the following new entry—

(116B) Counter-Terrorism Act 2008.

Amendment to the principal Rules

3

The principal Rules shall be amended as follows—

• (a) in Order 1, rule 1A(4) after “Order 116A, rule 2(1)” insert “and Order 116B, rule 2(1)”;

• (b) after Order 1, rule 11(k) insert the following—

(type=start slip=2014-10-01 time=1413206085291ltype=end slip=2014-10-01 time=1413206085291) proceedings under the Counter-Terrorism Act 2008 – financial restrictions proceedings.

; and

• (c) after Order 116A, insert new Order 116B, as set out in the Schedule to these Rules.

SCHEDULE

Signed

Bridget Prentice — Parliamentary Under-Secretary of State — Ministry of Justice — Dated 2nd December 2008

Explanatory note

(This note is not part of the Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (“the principal Rules”) by—

• (a) amending Order 1 rule 1A(4) so that it is subject to both Order 116A and 116B;

• (b) inserting a new Order 116B containing rules about financial restrictions proceedings under the Counter-Terrorism Act 2008; and

• (c) modifying the application of certain other Orders in the principal Rules for the purposes of those proceedings.

The Counter-Terrorism Act 2008 provides for financial restrictions proceedings, including the application to the High Court to set aside a financial restrictions decision. The new Order 116B inserted into the principal Rules by these Rules sets out the procedure for such applications to the High Court and any appeal to the Court of Appeal.

Part I of Order 116B contains rules about the scope and application of the Order. In particular, rule 2, modifies the overriding objective in Order 1 of the principal Rules, where Order 116B applies, to place a duty on the Court to ensure that information is not disclosed contrary to the public interest and to require the Court to read and give effect to the overriding objective in a way which is compatible with this duty.

Part II of Order 116B contains rules about the Court procedure relating to applications to set aside a financial restrictions decision.

Part III of Order 116B provides that Order 59 of the principal Rules applies to an appeal to the Court of Appeal against an order of the High Court in financial restrictions proceedings subject to rule 2 (modification of the overriding objective), Part IV of Order 116B and certain modifications. A copy of the appellant’s notice must be served on any special advocate (if one has been appointed).

Part IV of Order 116B contains rules which apply to all financial restrictions proceedings and appeals against an order of the High Court in such proceedings. These include provision for—

• the notification by the Court of the date, time and place fixed for a hearing (rule 21);

• hearings (rule 22);

• the appointment and function of a special advocate and the special advocate’s communications with others (rules 23 to 26);

• the modification of the general rules of evidence and disclosure (rule 27);

• the search for, lodging of and service of material (rule 28);

• the service and lodging of redacted material by the Treasury (rule 29);

• the application by the Treasury to withhold closed material (rules 30 and 31);

• service by the Court of a notice where there has been a failure to comply with a direction of the Court (rule 32);

• the Court to withhold all or some of its reasons when giving judgment where it is not possible to give reasons without disclosing information contrary to the public interest (rule 33);

• the application by the Treasury to the Court for reconsideration of an order, direction or judgment where compliance with the order or direction or 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 (rule 34); and

• disapplying Order 66, rules 3 to 5 to proceedings to which Order 116B applies (rule 35) or to any document relating to such proceedings.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2008 c.28.

[^f00002]: 1978 c.23 to which the most recent relevant amendments were made by Schedule 5 to the Constitutional Reform Act 2005 (c.4).

[^f00003]: S.R. 1980 No.346 the relevant amendments to which are S.R. 1981 No.224; S.R. 1984 No. 110; S.R. 1991 No.231; S.R. 1991 No.232; S.R. 1992 No.399; S.R. 2005 No.314 and S.R. 2008 No. 22.

[^f00004]: 2008 c.28.

[^f00005]: 2001 c.24