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Rule 80.1 Scope and interpretationF1

(1)

This Part contains rules about—

(a)

TPIM proceedings F2and relevant proceedings in the High Court, and

(b)

appeals to the Court of Appeal against an order of the High Court in such proceedings.

(2)

In the case of proceedings brought by virtue of section 17(2) of the F3TPIM Act or section 53(2) of the National Security Act, the rules in this Part shall apply with any modification the court considers necessary.

(3)

In this Part—

(a)

“F4the TPIM Act” means the Terrorism, Prevention and Investigation Measures Act 2011 F5and “the National Security Act” means the National Security Act 2023;

(b)

“closed material” means any relevant material that the Secretary of State objects to disclosing to a relevant party on the grounds that it is contrary to the public interest;

(c)

“extension notice” means a notice issued under section 5(2) of the F6TPIM Act, extending a TPIM notice F7, or (as the case may be) section 41(2) of the National Security Act extending a Part 2 notice;

(d)

“legal representative” is to be construed in accordance with paragraph 4(4)(b) of Schedule 4 to the F8TPIM Act or (as the case may be) of Schedule 10 to the National Security Act;

(e)

“measures” means terrorism prevention and investigation measures (which has the same meaning as in section 2 of the F9TPIM Act) or (as the case may be) prevention and investigation measures (which has the same meaning as in section 39(2) of the National Security Act);

(f)

“open material” means any relevant material that the Secretary of State does not object to disclosing to a relevant party on the grounds that it is contrary to the public interest;

(F10fa)

“Part 2 notice” has the same meaning as in section 39(1) of the National Security Act;

(fb)

“Part 2 subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a Part 2 notice;

(g)

“relevant material” means the material described in paragraph 3(1)(a) to (c) of Schedule 4 to the F11TPIM Act or (as the case may be) of Schedule 10 to the National Security Act;

(h)

“relevant party” means any party to the proceedings other than the Secretary of State;

(F12ha)

“relevant proceedings” has the same meaning as in section 62(1) of the National Security Act;

(i)

“revival notice” means a notice issued under section 13(6) of the F13TPIM Act, reviving a TPIM notice F14, or (as the case may be) under section 49(6) of the National Security Act, reviving a Part 2 notice;

(j)

“special advocate” means a person appointed under paragraph 10(1) of Schedule 4 to the F15TPIM Act or of Schedule 10 to the National Security Act;

(k)

“TPIM notice” has the same meaning as in section 2(1) of the F16TPIM Act;

(l)

“TPIM proceedings” has the same meaning as in section 30(1) of the F17TPIM Act;

(m)

“TPIM subject” means an individual on whom the Secretary of State has imposed, or is proposing to impose, measures by means of a TPIM notice;

(n)

“variation notice” means a notice issued under section 12(1)(c) of the F18TPIM Act, varying the TPIM notice without the individual’s consent F19, or (as the case may be) under section 48(1)(c) of the National Security Act, varying the Part 2 notice without the individual’s consent.

(4)

For the purposes of this Part, disclosure is contrary to the public interest if it is made contrary to the interests of national security, the international relations of the United Kingdom or the detection and prevention of crime, or in any other circumstances where disclosure is likely to harm the public interest.

Annotations

Textual amendments

F1

Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.

F2

Words in rule 80.1(1)(a) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(a)

F3

Words in rule 80.1(2) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(b)

F4

Words in rule 80.1(3)(a) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(i)(aa)

F5

Words in rule 80.1(3)(a) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(i)(bb)

F6

Words in rule 80.1(3)(c) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ii)(aa)

F7

Words in rule 80.1(3)(c) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ii)(bb)

F8

Words in rule 80.1(3)(d) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(iii)

F9

Words in rule 80.1(3)(e) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(iv)

F10

Rule 80.1(3)(fa)(fb) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(v)

F11

Words in rule 80.1(3)(g) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(vi)

F12

Rule 80.1(3)(ha) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(vii)

F13

Word in rule 80.1(3)(i) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(viii)(aa)

F14

Words in rule 80.1(3)(i) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(viii)(bb)

F15

Words in rule 80.1(3)(j) substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(ix)

F16

Word in rule 80.1(3)(k) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(x)

F17

Word in rule 80.1(3)(l) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(x)

F18

Word in rule 80.1(3)(n) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(xi)(aa)

F19

Words in rule 80.1(3)(n) inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 6(c)(xi)(bb)

Notes on Part 80

Textual amendments

F2

Words in Pt. 80 heading inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 4

F3

Words in Pt. 80 Table of Contents inserted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 5(a)

F4

Words in Pt. 80 Table of Contents substituted (20.12.2023) by The Civil Procedure (Amendment No. 4) Rules 2023 (S.I. 2023/1397), rules 1, 5(b)