OpenLegislation

Rule 76.21 HearingsF1

(1)

The following proceedings must be determined at a hearing—

(a)

a hearing pursuant to directions given under section 4(1)(b) of the Act (derogating control orders);

(b)

a hearing pursuant to directions given under sections 3(2)(c) or (6)(b) or (c) of the Act (non-derogating control orders);

(c)

an appeal under section 10 of the Act (appeal relating to a non-derogating control order);

(d)

an appeal to the Court of Appeal from an order of the High Court made in any of the above proceedings; and

(e)

a hearing under rule 76.29(2) (consideration of Secretary of State’s objection).

(2)

Paragraph (1)(c) and (d) do not apply where—

(a)

the appeal is withdrawn by the controlled person;

(b)

the Secretary of State consents to the appeal being allowed; or

(c)

the controlled person is outside the United Kingdom or it is impracticable to give him notice of a hearing and, in either case, he is unrepresented.

Annotations

Textual amendments

F1

Pt. 76 inserted (14.3.2005) by The Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), rule 1, Sch.