The Rules of the Court of Judicature (Northern Ireland) (Amendment No.3) 2010

Made: 23rd December 2010

Laid before Parliament: 23rd December 2010

Coming into operation in accordance with rule 1

The Lord Chancellor, in exercise of the power conferred by section 29 of the Terrorist Asset-Freezing etc. Act 2010[^f00001] to make rules of court under section 55 of the Judicature (Northern Ireland) Act 1978[^f00002] and section 28(4) of the Terrorist Asset-Freezing etc. Act 2010, and after consulting in accordance with section 29(3) of that Act, makes the following Rules:

Citation, commencement and interpretation

1

• (1) These Rules may be cited as the Rules of the Court of Judicature (Northern Ireland) (Amendment No.3) 2010.

• (2) These Rules come into operation on the day after they are laid.

2

In these Rules, “the principal Rules” means the Rules of the Court of Judicature (Northern Ireland) 1980[^f00003] and an Order, Part or rule referred to by number alone means the Order, Part or rule so numbered in the principal Rules.

Amendment to the principal Rules

3

In Order 116B—

• (a) in rule 1(1)(b), at the end, omit “and”;

• (b) after rule 1(1)(b), insert—

(ba) appeals relating to designations under the Terrorist Asset-Freezing etc. Act 2010; and

• (c) after rule 1(2)(c), insert—

(ca) “designation” means a designation in accordance with Chapter 1 of Part 1 of the 2010 Act;

• (d) in the heading to Part II, at the end, insert “UNDER THE 2008 ACT OR THE 2010 ACT”;

• (e) in rule 3, at the end, insert “under section 63(2) of the 2008 Act or section 27(2) of the 2010 Act”;

• (f) for Part III, substitute the new Part III as set out in the Schedule to these Rules;

• (g) in the heading to Part IV, at the end, insert “APPLICABLE TO PARTS II and III OF THIS ORDER”;

• (h) in rule 20, for “rule 1(1)(a) and (b).” substitute “Parts II and III of this Order.”;

• (i) in rule 22(1)(c), after “a decision of” insert “the Treasury or”;

• (j) in rule 28, after paragraph (1), insert—

(1A) paragraph (1)(b)(iii) does not apply in respect of appeals in relation to designations.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — Dated 23rd December 2010

Explanatory note

(This note is not part of these Rules)

EXPLANATORY NOTE

These Rules amend the Rules of the Court of Judicature (Northern Ireland) 1980 (“the principal Rules”) to prescribe the procedure for appeals in relation to designations under the Terrorist Asset-Freezing etc. Act 2010.

The Terrorist Asset-Freezing etc. Act 2010 provides for the Treasury to impose financial restrictions, by way of ‘designation’, on, and in relation to, certain persons believed or suspected to be, or to have been involved in terrorist activities. Section 26 of the Act provides that challenges to decisions relating to both interim and final designations should be heard by way of appeal to the High Court. Other decisions taken by the Treasury under the Act may be reviewed by the High Court applying the principles applicable to judicial review. These Rules make a number of minor amendments to Order 116B of the principal Rules and replace the existing Part III of Order 116B with a new Part III, as set out in the Schedule, to include the procedure for appeals before the High Court under section 26 of the Act, and for related appeals to the Court of Appeal.

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

Footnotes

[^f00001]: 2010 c.38.

[^f00002]: 1978 c.23, to which the most recent relevant amendments were made by paragraphs 29 and 30 of Schedule 5 to the Constitutional Reform Act 2005 (c.4); and by Article 15 of and Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No.976).

[^f00003]: S.R. 1980 No. 346. The Rules of the Supreme Court (Northern Ireland) 1980 were re-named in accordance with paragraph 3 of Schedule 11 to the Constitutional Reform Act 2005 (c.4). The most recent relevant amendments were made by S.R.2008 No.479, S.R.2009 No.264, and the Terrorist Asset-Freezing etc. Act 2010, Schedule 1.