OpenLegislation

The Proscribed Organisations Appeal Commission (Human Rights Act 1998 Proceedings) Rules 2006

S.I. 2006/2290 · Made 22 August 2006

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HUMAN RIGHTS

Made 22nd August 2006

Laid before Parliament 25th August 2006

Coming into force 20th September 2006

The Secretary of State makes the following Rules under section 7(9)(a) and (b) of the Human Rights Act 1998f1, having had regard to section 9 of that Act.

Annotations to the whole text

Footnotes

f1

1998 c.42; section 7(9)(a) was repealed in part by S.I. 2003/1887.

Contents

  1. 1Article 1
  2. 2Article 2
  3. 3Article 3
  4. Signature
  5. Explanatory note

1

These Rules may be cited as the Proscribed Organisations Appeal Commission (Human Rights Act 1998 Proceedings) Rules 2006 and shall come into force on 20th September 2006.

2

(1)

The Proscribed Organisations Appeal Commission established by section 5 of the Terrorism Act 2000f1 is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings under subsection (1)(a) of that section (proceedings for acts incompatible with Convention rights) which fall within paragraph (2).

(2)

Proceedings fall within this paragraph if they are proceedings against the Secretary of State in respect of a refusal by him—

(a)

to remove an organisation from Schedule 2 to the Terrorism Act 2000f2, or

(b)

to provide for a name to cease to be treated as a name for an organisation listed in that Schedule.

3

The Proscribed Organisations Appeal Commission (Human Rights Act Proceedings) Rules 2001f1 are revoked.

Signature

Tony McNulty

Minister of State

Home Office

22nd August 2006

Explanatory note

(This note is not part of the Order)

Under the Rules revoked by article 3 of these Rules, the Proscribed Organisations Appeal Commission was the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to proceedings under section 7(1)(a) of that Act, where such proceedings relate to a refusal by the Secretary of State to remove an organisation from the list of proscribed organisations in Schedule 2 to the Terrorism Act 2000. By virtue of article 2(2)(a), that Commission continues to be the appropriate tribunal for the purposes of section 7 of the 1998 Act in relation to such proceedings. In addition, the effect of article 2(2)(b) is that that Commission is the appropriate tribunal for the purposes of section 7 of the 1998 Act in relation to the refusal by the Secretary of State to provide for a name to cease to be treated as a name for an organisation listed in Schedule 2 to the 2000 Act. Under section 3(6) of that Act (as amended by section 22 of the Terrorism Act 2006), the Secretary of State may provide by order that a name that is not specified in Schedule 2 is to be treated as another name for an organisation listed in that Schedule.

These Rules apply for the purposes of section 7 of the 1998 Act in relation to proceedings falling within article 2(2) in Scotland as they apply for such purposes in the remainder of the United Kingdom.