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Rule 47.14 Content of application for an explanation order under the Terrorism Act 2000 or the National Security Act 2023I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an explanation order must—

(a)

identify the material that the applicant wants the respondent to explain; and

(b)

propose the terms of the order.

[Note. See paragraph 13 of Schedule 5 to the Terrorism Act 2000f1 and paragraph 10 of Schedule 2 to the National Security Act 2023. The applicant for an explanation order may be a constable or, where the application concerns material produced to a counter-terrorism financial investigator, such an investigator.

An explanation order—

(a)

cannot require a person to disclose any information which the person would be entitled to refuse to disclose on grounds of legal professional privilege in the High Court; but

(b)

can require a lawyer to provide a client’s name and address.]

Annotations

Commencement

I1

Rule 47.14 in force at 6.10.2025, see Preamble

Footnotes

f1

2000 c. 11; paragraph 13 of Schedule 5 was amended by section 65 of, and paragraph 9 of Schedule 4 to, the Courts Act 2003 (c. 39) and section 41(3)(d) of the Criminal Finances Act 2017 (c. 22).

Notes on Part 47

Textual amendments

F1

Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)