Office of Public Sector Information

PART 5 REVOCATION AND TRANSITIONAL PROVISIONS

Revocation

39.  The Proscribed Organisations Appeal Commission (Procedure) Rules 2001(7) (“the 2001 Rules”) are revoked.

Transitional provisions

40.—(1) These Rules shall apply, with appropriate modifications, to any proceedings pending on the day on which they come into force, to which, immediately before that day, the 2001 Rules applied.

(2) In relation to any proceedings pending on the day on which these Rules come into force, anything done or any direction given before that day under the 2001 Rules or under any other power of the Commission shall be treated as if done or given under these Rules.

EXPLANATORY NOTE

(This note is not part of the Rules)

These Rules set out the procedure to be followed on appeals to the Proscribed Organisations Appeal Commission (“the Commission”) under the Terrorism Act 2000 (c.11) against refusals by the Secretary of State to deproscribe organisations and in related proceedings before the Commission under section 7(1)(a) of the Human Rights Act 1998 (c.42). They replace the Proscribed Organisations Appeal Commission (Procedure) Rules 2001 (S.I. 2001/443).

The Rules also take account of an amendment to the Terrorism Act 2000 by the Terrorism Act 2006 (c.11) which empowers the Secretary of State to order that a name is to be treated as another name for a proscribed organisation and allows an appeal to the Commission against a refusal to order that that name cease to be treated as another name for the organisation (rules 2, 6 and 7).

The Rules follow the 2001 Rules in—

• requiring the Commission to secure that information is not disclosed contrary to the public interest (rule 4);

• entitling the appellant to be legally represented (rule 33) ;

• setting out the circumstances in which a special advocate is to be appointed to represent the interests of the appellant (rule 9);

• allowing appeals to be heard in the absence of the appellant and his representative, where necessary (rule 22);

• enabling applications to be made for permission to appeal to an appellate court on a point of law from a determination of the Commission (rule 30).

They also contain new provisions on, among other things—

• early directions hearings (rule 11);

• further material (rule 13);

• closed material (rules 14 and 15);

• redacting material (rules 14 and 16);

• the withdrawal and striking out of appeals (rules 18 and 19);

• the amendment of determinations (rules 28 and 29);

• the effect of errors of procedure and the correction of determinations (rules 37 and 38).

A regulatory impact assessment has not been prepared for this instrument as it has no impact on businesses, charities or voluntary bodies.