OpenLegislation

Explanatory note

Original text. Later amendments are not shown.

(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.