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| Counter-Terrorism and Security Bill
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| | The Amendments have been arranged in accordance with the Order of the House |
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| Chapter 1 of Part 1, new Clauses relating to Chapter 1 of Part 1, new |
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| Schedules relating to Chapter 1 of Part 1 |
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| Clause 1, page 1, line 8, at end insert— |
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| | “(2) | This section shall be repealed on 31 December 2016 unless both Houses of |
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| | Parliament have passed a resolution that it should continue in force until a future |
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| | (3) | The date specified in a resolution of both Houses of Parliament under subsection |
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| | (2) may be modified by subsequent resolutions of both Houses of Parliament.” |
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| Page 1, line 5, leave out Clause 1 |
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| Schedule 1, page 30, line 14, at end insert— |
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| | “(c) | the individual subject whose travel document has been removed may |
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| | appeal against this decision in the courts over the evidence on which |
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| | conditions in paragraph 2(1)(a) and (b) of this schedule were met.” |
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| Schedule 1, page 36, line 13, at and insert— |
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| | “( ) | Anything done before the day on which this Act is passed is as valid as if done |
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| | on or after that day for the purposes of sub-paragraphs (1) and (2).” |
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| | Member’s explanatory statement
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| | This would make it clear that the Secretary of State can comply with the obligations to publish a |
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| | draft of the code of practice under Schedule 1, to consider representations, to make any |
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| | appropriate modifications and to lay the draft before Parliament by doing so before the Bill |
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| Page 26, line 1, leave out Schedule 1 |
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| Chapter 2 of Part 1, new clauses relating to chapter 2 of part 1, new |
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| schedules relating to chapter 2 of part 1 |
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| Clause 11, page 7, leave out lines 16 and 17 and insert— |
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| | ““specified individual” means a person named in a notification and |
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| | managed return order and in relation to whom Conditions A-D of section |
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| | [Notification and managed return orders] are met. |
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| | “a carrier” has the same meaning as at section 18.” |
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| Clause 11, page 7, leave out lines 20 to 24 |
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| Clause 11, page 7, leave out line 41 |
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| | To move the following Clause— |
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| | | “Notification and managed return orders |
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| | (1) | A “notification and managed return order” is an order requiring a person (“a |
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| | carrier”) to notify the Home Secretary that— |
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| | (a) | a specified individual intends to travel to the UK, and |
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| | (b) | the date, time and location of the specified person‘s scheduled arrival. |
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| | (2) | The Secretary of State may impose a notification and managed return order if |
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| | conditions A to D are met. |
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| | (3) | Condition A is that the Secretary of State reasonably suspects that the specified |
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| | individual is, or has been, involved in terrorism related activity outside the United |
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| | (4) | Condition B is that the Secretary of State reasonably considers that it is necessary, |
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| | for purposes connected with protecting members of the public in the United |
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| | Kingdom from a risk of terrorism, for a notification and managed return order to |
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| | be imposed on a carrier in relation to a specified individual. |
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| | (5) | Condition C is that the Secretary of State reasonably considers that the specified |
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| | individual is outside the United Kingdom. |
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| | (6) | Condition D is that the specified individual has the right of abode in the United |
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| | (7) | During the period that a notification and managed return order is in force, the |
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| | Secretary of State must keep under review whether condition B is met.” |
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| | To move the following Clause— |
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| | | “Notification and managed return orders: supplementary provision |
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| | (1) | The Secretary of State must give notice of the imposition of a notification and |
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| | managed return order to the specified individual and the carrier. |
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| | (2) | Notice of the imposition of a notification and managed return order may include |
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| | notice that the specified individual may be stopped, questioned and detained on |
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| | return to the United Kingdom. |
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| | (3) | A notification and managed return order— |
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| | (a) | comes into force when notice of its imposition is given; and |
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| | (b) | is in force for the period of two years (unless revoked or otherwise |
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| | brought to an end earlier). |
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| | (4) | The Secretary of State may revoke a notification and managed return order at any |
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| | (5) | The Secretary of State must give notice of the revocation of a notification and |
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| | managed return order to the specified individual and the carrier. |
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| | (6) | If a notification and managed return order is revoked, it ceases to be in force when |
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| | notice of its revocation is given to the specified individual and the carrier. |
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| | (7) | The validity of a notification and managed return order is not affected by the |
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| | (a) | returning to the United Kingdom, or |
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| | (b) | departing from the United Kingdom. |
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| | (8) | The imposition of a notification and managed return order does not prevent a |
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| | further notification and managed return order from being imposed on a carrier in |
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| | relation to the same specified individual (including in a case where an order |
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| | ceases to be in force at the expiry of its two year duration). |
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| | (9) | The imposition of a notification and managed return order does not prevent a |
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| | further notification and managed return order from being imposed on another |
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| | carrier contemporaneously or consecutively in relation to the same specified |
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| | To move the following Clause— |
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| | | “Penalty for breach of notification and managed return order |
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| | (1) | The Secretary of State may make regulations setting out the penalties to be |
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| | imposed for breaching a notification and managed return order. |
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| | (2) | Regulations under subsection (1) must make provision— |
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| | (a) | about how a penalty is to be calculated; |
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| | (b) | about the procedure for imposing a penalty; |
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| | (c) | about the enforcement of penalties; |
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| | (d) | allowing for an appeal against a decision to impose a penalty; |
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| | and the regulations may make different provision for different purposes. |
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| | (3) | Provision in the regulations about the procedure for imposing a penalty must |
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| | provide for a carrier to be given an opportunity to object to a proposed penalty in |
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| | the circumstances set out in the regulations. |
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| | (4) | Any penalty paid by virtue of this section must be paid into the Consolidated |
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| | (5) | Regulations under this section are to be made by statutory instrument; and any |
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| | such statutory instrument may not be made unless a draft of the instrument has |
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| | been laid before each House of Parliament and approved by a resolution of each |
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| | To move the following Clause— |
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| | | “Imposition of terrorism prevention and investigation measures |
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| | (1) | The Secretary of State may by notice (a “TEO”) impose a “temporary exclusion |
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| | order” which requires an individual not to return to the United Kingdom on an |
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| | individual if conditions A to E in section [Conditions A to E] are met. |
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| | (2) | 1n this Act “temporary exclusion order” means requirements, restrictions and |
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| | other provision which may be made in relation to an individual by virtue of |
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| | section [Conditions A to E] “prior permission of the court” and Schedule |
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| | [“Proceedings relating to temporary exclusion orders”]. |
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| | (3) | An individual subject to a TEO may not return to the UK unless— |
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| | (a) | the return is in accordance with a permit to return issued by the Secretary |
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| | of State before the individual began the return, or |
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| | (b) | the return is the result of the individual’s deportation to the United |
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| | To move the following Clause— |
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| | (1) | Condition A is that the Secretary of State reasonably suspects that the individual |
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| | is, or has been, involved in terrorism-related activity outside the United Kingdom. |
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| | (2) | Condition B is that the Secretary of State reasonably considers that it is necessary, |
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| | for purposes connected with protecting members of the public in the United |
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| | Kingdom from a risk of terrorism, for a temporary exclusion order to be imposed |
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| | (3) | Condition C is that the Secretary of State reasonably considers that the individual |
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| | is outside the United Kingdom. |
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| | (4) | Condition D is that the individual has the right of abode in the United Kingdom. |
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| | (a) | the court gives the Secretary of State permission under section 3, or |
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| | (b) | the Secretary of State reasonably considers that the urgency of the case |
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| | requires a temporary exclusion order to be imposed without obtaining |
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| | (6) | During the period that a temporary exclusion order is in force, the Secretary of |
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| | State must keep under review whether condition B is met.” |
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| | To move the following Clause— |
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| | | “Prior permission of the court |
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| | (1) | This section applies if the Secretary of State— |
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| | (a) | makes the relevant decisions in relation to an individual, and |
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| | (b) | makes an application to the court for permission to impose measures on |
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| | (2) | The application must set out a draft of the proposed TEO notice. |
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| | (3) | The function of the court on the application is— |
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| | (a) | to determine whether the relevant decisions of the Secretary of State are |
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| | (b) | to determine whether to give permission to impose measures on the |
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| | individual and (where applicable) whether to exercise the power of |
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| | direction under subsection (9). |
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| | (4) | The court may consider the application— |
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| | (a) | in the absence of the individual; |
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| | (b) | without the individual having been notified of the application; and |
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| | (c) | without the individual having been given an opportunity (if the individual |
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| | was aware of the application) of making any representations to the court. |
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| | (5) | But that does not limit the matters about which rules of court may be made. |
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| | (6) | In determining the application, the court must apply the principles applicable on |
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| | an application for judicial review. |
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| | (7) | In a case where the court determines that a decision of the Secretary of State that |
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| | condition A, condition B, or condition C is met is obviously flawed, the court may |
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| | not give permission under this section. |
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| | (8) | In any other case, the court may give permission under this section. |
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| | (9) | If the court determines that the Secretary of State‘s decision that condition D is |
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| | met is obviously flawed, the court may (in addition to giving permission under |
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| | subsection (8) give directions to the Secretary of State in relation to the measures |
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| | to be imposed on the individual. |
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| | (10) | 1n this section “relevant decisions” means the decisions that the following |
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| | To move the following Schedule— |
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| | “Proceedings relating to Temporary Exclusion Orders |
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| | “appeal proceedings” means proceedings in the Court of Appeal or the Inner |
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| | House of the Court of Session on an appeal relating to temporary |
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| | exclusion order proceedings; |
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| | “the relevant court” means— |
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| | (a) | in relation to TEO proceedings, the court; |
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| | (b) | in relation to appeal proceedings, the Court of Appeal or the |
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| | Inner House of the Court of Session; |
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| | “rules of court” means rules for regulating the practice and procedure to be |
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| | followed in the court, the Court of Appeal or the Inner House of the Court |
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| | Rules of court: general provision |
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| | 2 (1) | A person making rules of court relating to TEO proceedings or appeal |
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| | proceedings must have regard to the need to secure the following— |
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| | (a) | that the decisions that are the subject of the proceedings are properly |
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| | (b) | that disclosures of information are not made where they would be |
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| | contrary to the public interest. |
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| | (2) | Rules of court relating to TEO proceedings or appeal proceedings may make |
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| | (a) | about the mode of proof and about evidence in the proceedings; |
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| | (b) | enabling or requiring the proceedings to be determined without a |
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| | (c) | about legal representation in the proceedings; |
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| | (d) | enabling the proceedings to take place without full particulars of the |
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| | reasons for the decisions to which the proceedings relate being given |
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| | to a party to the proceedings (or to any legal representative of that |
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| | (e) | enabling the relevant court to conduct proceedings in the absence of |
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| | any person, including a party to the proceedings (or any legal |
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| | representative of that party); |
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| | (f) | about the functions of a person appointed as a special advocate (see |
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| | (g) | enabling the court to give a party to the proceedings a summary of |
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| | evidence taken in the party’s absence. |
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| | (a) | references to a party to the proceedings do not include the Secretary of |
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| | (b) | references to a party’s legal representative do not include a person |
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| | appointed as a special advocate. |
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| | (4) | Nothing in this paragraph is to be read as restricting the power to make rules |
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| | of court or the matters to be taken into account when doing so. |
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| | Rules of court: disclosure |
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| | 3 (1) | Rules of court relating to TEO proceedings or appeal proceedings must secure |
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| | that the Secretary of State is required to disclose— |
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