Paragraph 5
United Kingdom
The Lord Chancellor may make rules—
regulating the exercise of the right of appeal to the Commission F1under section 5 or under section 33D of the National Security Act 2023;
prescribing practice and procedure to be followed in relation to proceedings before the Commission;
providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances;
making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence);
making provision about proof of the Commission’s decisions.
In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure—
that decisions which are the subject of appeals are properly reviewed, and
that information is not disclosed contrary to the public interest.
The rules shall make provision permitting organisations F2and bodies to be legally represented in proceedings before the Commission.
The rules may, in particular—
provide for full particulars of the reasons for proscription or refusal to deproscribe F3, or for designation or refusal to remove a designation, to be withheld from the organisation F4, the body or the applicant concerned and from any person representing the organisation, the body or the applicant;
F6in the case of an appeal under section 5, provide for full particulars of the reasons for—
the making of an order under section 3(6), or
a refusal to provide for a name to cease to be treated as a name for an organisation,
to be withheld from the organisation or applicant concerned and from any person representing it or him;
in the case of an appeal under section 33D of the National Security Act 2023, provide for full particulars of the reasons for a refusal to remove an alternative name from a designation of a body to be withheld from the body or applicant concerned and from any person representing the body or applicant;
enable the Commission to exclude persons (including representatives) from all or part of proceedings;
enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);
permit preliminary or incidental functions to be discharged by a single member;
permit proceedings for permission to appeal under section 6 F8, or under section 33E of the National Security Act 2023, to be determined by a single member;
make provision about the functions of persons appointed under paragraph 7;
make different provision for different parties or descriptions of party.
Rules under this paragraph—
shall be made by statutory instrument, and
shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.
Annotations
Textual amendments
- F1
Words in Sch. 3 para. 5(1)(a) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(a)
- F2
Words in Sch. 3 para. 5(3) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(b)
- F3
Words in Sch. 3 para. 5(4)(a) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(c)(i)
- F4
Words in Sch. 3 para. 5(4)(a) substituted (8.7.2026) by virtue of National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(c)(ii)
- F5
Sch. 3 para. 5(4)(aa) inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 22(11); S.I. 2006/1013, art. 2
- F6
Words in Sch. 3 para. 5(4)(aa) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(d)
- F7
Sch. 3 para. 5(4)(ab) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(e)
- F8
Words in Sch. 3 para. 5(4)(e) inserted (8.7.2026) by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 7(f)