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Regulation 2 Amendment of the Proscribed Organisations Appeal Commission (Procedure) Rules 2007

Original text. Later amendments are not shown.

(1)

The Proscribed Organisations Appeal Commission (Procedure) Rules 2007f1 are amended as follows.

(2)

In rule 2 (interpretation), at the appropriate places insert—

  • ““the 2023 Act” means the National Security Act 2023;”;

  • ““body” means a body designated under section 33A of the 2023 Actf2;”.

(3)

In rule 3 (scope of these Rules), in paragraph (1)—

(a)

after sub-paragraph (a) insert—

“(aa)

appeals under section 33D of the 2023 Actf3;”;

(b)

for sub-paragraph (b) substitute—

“(b)

proceedings under section 7(1)(a) of the 1998 Act, where—

(i)

rules within the meaning of section 7 of the 1998 Actf4 provide, or

(ii)

section 33G of the 2023 Actf5 provides,

for such proceedings to be brought before the Commission; and”.

(4)

In rule 6 (time limit for appealing), in paragraph (1), for sub-paragraphs (a) and (b) substitute—

“(a)

to deproscribe the organisation or to provide for a name to cease to be treated as a name for the organisation, or

(b)

to remove the designation of the body or to remove an alternative name included in the designation of the body.”.

(5)

In rule 7 (notice of appeal)—

(a)

in paragraph (1), in sub-paragraph (a)—

(i)

the words from “section 4” to the end become paragraph (i) of that sub-paragraph;

(ii)

at the end of that sub-paragraph insert

“, or

(ii)

section 33C of the 2023 Actf6 for regulations under section 33A to remove the designation of a body or to remove an alternative name included in the designation of a body;”.

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), after “organisation”, in both places it occurs, insert “or the body”;

(ii)

in sub-paragraph (b)—

(aa)

after “proscription” insert “or the body’s designation,”;

(bb)

after “organisation” insert “or the inclusion of an alternative name in the designation of the body”;

(c)

in paragraph (3), in sub-paragraph (a), after “organisation” insert “or body”.

(6)

In rule 8 (designated person)—

(a)

in paragraph (1)—

(i)

in the words before sub-paragraph (a), after “organisation” insert “or body”;

(ii)

in sub-paragraph (a), after “organisation” insert “or body”;

(b)

in paragraph (2), after “organisation” insert “or body”.

(7)

In rule 12 (Secretary of State’s reply), in paragraph (1), in sub-paragraph (a), after “organisation” insert “or designation of the body”.

(8)

In rule 18 (withdrawal of appeal), in paragraph (2)—

(a)

the words from “an order” to the end become sub-paragraph (a) of that paragraph;

(b)

at the end insert

“, or

(b)

regulations under section 33A of the 2023 Act removing the designation of the body or removing an alternative name included in the designation of a body.”.

(9)

In rule 30 (application for permission to appeal), in paragraph (1), after “2000 Act” insert “, under section 33D of the 2023 Act”.

(10)

In rule 33 (representation)—

(a)

in paragraph (1), after “organisation” insert “or body”;

(b)

in paragraph (2), after “organisation” insert “or body”.

Annotations

Footnotes

f1

S.I. 2007/1286, as amended by S.I. 2007/3377.

f2

Section 33A was inserted by section 1(2) of the National Security (State Threats) Act 2026.

f3

Section 33D was inserted by section 3(2) of the National Security (State Threats) Act 2026.

f4

Rules falling within this sub-paragraph are the Proscribed Organisations Appeal Commission (Human Rights Act 1998 Proceedings) Rules 2006 (S.I. 2006/2290).

f5

Section 33G was inserted by section 3(2) of the National Security (State Threats) Act 2026.

f6

Section 33C was inserted by section 3(2) of the National Security (State Threats) Act 2026.