15171.15-20

House of Commons

Session 2014 - 15
Internet Publications
Other Bills before Parliament

Lords amendments to the Counter-Terrorism and Security Bill

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      (2)
The “Human Rights Convention” means the Convention within the

meaning of the Human Rights Act 1998 (see section 21(1) of that Act).

Rules of court: anonymity

6    (1)
Rules of court relating to TEO proceedings may make provision for—

(a)
the making by the Secretary of State or the relevant individual of

an application to the court for an order requiring anonymity for

that individual, and

(b)
the making by the court, on such an application, of an order

requiring such anonymity;


and the provision made by the rules may allow the application and the

order to be made irrespective of whether any other TEO proceedings

have been begun in the court.

      (2)
Rules of court may provide for the Court of Appeal or the Inner House

of the Court of Session to make an order in connection with any appeal

proceedings requiring anonymity for the relevant individual.

      (3)
In sub-paragraphs (1) and (2) the references, in relation to a court, to an

order requiring anonymity for the relevant individual are references to

an order by that court which imposes such prohibition or restriction as it

thinks fit on the disclosure—

(a)
by such persons as the court specifies or describes, or

(b)
by persons generally,


of the identity of the relevant individual or of any information that

would tend to identify the relevant individual.

      (4)
In this paragraph “relevant individual” means an individual on whom

the Secretary of State is proposing to impose, or has imposed, a

temporary exclusion order.

Initial exercise of rule-making powers by Lord Chancellor

7    (1)
The first time after the passing of this Act that rules of court are made in

exercise of the powers conferred by this Schedule in relation to

proceedings in England and Wales or in Northern Ireland, the rules may

be made by the Lord Chancellor instead of by the person who would

otherwise make them.

      (2)
Before making rules of court under sub-paragraph (1), the Lord

Chancellor must consult—

(a)
in relation to rules applicable to proceedings in England and

Wales, the Lord Chief Justice of England and Wales;

(b)
in relation to rules applicable to proceedings in Northern Ireland,

the Lord Chief Justice of Northern Ireland.

      (3)
But the Lord Chancellor is not required to undertake any other

consultation before making the rules.

      (4)
A requirement to consult under sub-paragraph (2) may be satisfied by

consultation that took place wholly or partly before the passing of this

Act.

      (5)
Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a)
must be laid before Parliament, and

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(b)
if not approved by a resolution of each House before the end of

40 days beginning with the day on which they were made, cease

to have effect at the end of that period.

      (6)
In determining that period of 40 days no account is to be taken of any

time during which Parliament is dissolved or prorogued or during

which both Houses are adjourned for more than 4 days.

      (7)
If rules cease to have effect in accordance with sub-paragraph (5)—

(a)
that does not affect anything done in previous reliance on the

rules, and

(b)
sub-paragraph (1) applies again as if the rules had not been

made.

      (8)
The following provisions do not apply to rules of court made by the Lord

Chancellor under this paragraph—

(a)
section 3(6) of the Civil Procedure Act 1997 (parliamentary

procedure for civil procedure rules);

(b)
section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act

1978 (statutory rules procedure).

      (9)
Until the coming into force of section 85 of the Courts Act 2003, the

reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure

Act 1997 is to be read as a reference to section 3(2) of that Act.

Use of advisers

8    (1)
In any TEO proceedings or appeal proceedings the relevant court may if

it thinks fit—

(a)
call in aid one or more advisers appointed for the purposes of this

paragraph by the Lord Chancellor, and

(b)
hear and dispose of the proceedings with the assistance of the

adviser or advisers.

      (2)
The Lord Chancellor may appoint advisers for the purposes of this

paragraph only with the approval of—

(a)
the Lord President of the Court of Session, in relation to an

adviser who may be called in aid wholly or mainly in Scotland;

(b)
the Lord Chief Justice of Northern Ireland, in relation to an

adviser who may be called in aid wholly or mainly in Northern

Ireland;

(c)
the Lord Chief Justice of England and Wales, in any other case.

      (3)
Rules of court may regulate the use of advisers in proceedings who are

called in aid under sub-paragraph (1).

      (4)
The Lord Chancellor may pay such remuneration, expenses and

allowances to advisers appointed for the purposes of this paragraph as

the Lord Chancellor may determine.

9    (1)
The Lord President of the Court of Session may nominate a judge of the

Court of Session who is a member of the First or Second Division of the

Inner House of that Court to exercise the function under paragraph

8(2)(a).

      (2)
The Lord Chief Justice of Northern Ireland may nominate any of the

following to exercise the function under paragraph 8(2)(b)—

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(a)
the holder of one of the offices listed in Schedule 1 to the Justice

(Northern Ireland) Act 2002;

(b)
a Lord Justice of Appeal (as defined in section 88 of that Act).

      (3)
The Lord Chief Justice of England and Wales may nominate a judicial

office holder (as defined in section 109(4) of the Constitutional Reform

Act 2005) to exercise the function under paragraph 8(2)(c).

Appointment of special advocate

10  (1)
The appropriate law officer may appoint a person to represent the

interests of a party in any TEO proceedings or appeal proceedings from

which the party (and any legal representative of the party) is excluded.

      (2)
A person appointed under sub-paragraph (1) is referred to in this

Schedule as appointed as a “special advocate”.

      (3)
The “appropriate law officer” is—

(a)
in relation to proceedings in England and Wales, the Attorney

General;

(b)
in relation to proceedings in Scotland, the Advocate General for

Scotland;

(c)
in relation to proceedings in Northern Ireland, the Advocate

General for Northern Ireland.

      (4)
A person appointed as a special advocate is not responsible to the party

to the proceedings whose interests the person is appointed to represent.

      (5)
A person may be appointed as a special advocate only if—

(a)
in the case of an appointment by the Attorney General, the

person has a general qualification for the purposes of section 71

of the Courts and Legal Services Act 1990;

(b)
in the case of an appointment by the Advocate General for

Scotland, the person is an advocate or a solicitor who has rights

of audience in the Court of Session or the High Court of Justiciary

by virtue of section 25A of the Solicitors (Scotland) Act 1980;

(c)
in the case of an appointment by the Advocate General for

Northern Ireland, the person is a member of the Bar of Northern

Ireland.

Relationship with other powers to make rules of court and other proceedings

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Nothing in this Schedule is to be read as restricting—

(a)
the power to make rules of court or the matters to be taken into

account when doing so, or

(b)
the application of sections 6 to 14 of the Justice and Security Act

2013 (closed material proceedings).”

Insert the following new Schedule—

“Temporary exclusion orders: appeals against convictions

Right of appeal

1    (1)
An individual who has been convicted of an offence under section 9(1)

or (3) may appeal against the conviction if—

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(a)
a temporary exclusion order is quashed, and

(b)
the individual could not have been convicted had the quashing

occurred before the proceedings for the offence were brought.

      (2)
An individual who has been convicted of an offence under section 9(3)

may appeal against the conviction if—

(a)
a notice under section 8, or a permitted obligation imposed by

such a notice, is quashed, and

(b)
the individual could not have been convicted had the quashing

occurred before the proceedings for the offence were brought.

Court in which appeal to be made

2
An appeal under this Schedule is to be made—

(a)
in the case of a conviction on indictment in England and Wales or

Northern Ireland, to the Court of Appeal;

(b)
in the case of a conviction on indictment or summary conviction

in Scotland, to the High Court of Justiciary;

(c)
in the case of a summary conviction in England and Wales, to the

Crown Court; or

(d)
in the case of a summary conviction in Northern Ireland, to the

county court.

When the right of appeal arises

3    (1)
The right of appeal under this Schedule does not arise until there is no

further possibility of an appeal against—

(a)
the decision to quash the temporary exclusion order, notice or

permitted obligation (as the case may be), or

(b)
any decision on an appeal made against that decision.

      (2)
In determining whether there is no further possibility of an appeal

against a decision of the kind mentioned in sub-paragraph (1), any

power to extend the time for giving notice of application for leave to

appeal, or for applying for leave to appeal, must be ignored.

The appeal

4    (1)
On an appeal under this Schedule to any court, that court must allow the

appeal and quash the conviction.

      (2)
An appeal under this Schedule to the Court of Appeal against a

conviction on indictment—

(a)
may be brought irrespective of whether the appellant has

previously appealed against the conviction;

(b)
may not be brought after the end of the period of 28 days

beginning with the day on which the right of appeal arises by

virtue of paragraph 3; and

(c)
is to be treated as an appeal under section 1 of the Criminal

Appeal Act 1968 or, in Northern Ireland, under section 1 of the

Criminal Appeal (Northern Ireland) Act 1980, but does not

require leave in either case.

      (3)
An appeal under this Schedule to the High Court of Justiciary against a

conviction on indictment—

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(a)
may be brought irrespective of whether the appellant has

previously appealed against the conviction;

(b)
may not be brought after the end of the period of 28 days

beginning with the day on which the right of appeal arises by

virtue of paragraph 3; and

(c)
is to be treated as an appeal under section 106 of the Criminal

Procedure (Scotland) Act 1995 for which leave has been granted.

      (4)
An appeal under this Schedule to the High Court of Justiciary against a

summary conviction—

(a)
may be brought irrespective of whether the appellant pleaded

guilty;

(b)
may be brought irrespective of whether the appellant has

previously appealed against the conviction;

(c)
may not be brought after the end of the period of two weeks

beginning with the day on which the right of appeal arises by

virtue of paragraph 3;

(d)
is to be by note of appeal, which shall state the ground of appeal;

(e)
is to be treated as an appeal for which leave has been granted

under Part 10 of the Criminal Procedure (Scotland) Act 1995; and

(f)
must be in accordance with such procedure as the High Court of

Justiciary may, by Act of Adjournal, determine.

      (5)
An appeal under this Schedule to the Crown Court or to the county court

in Northern Ireland against a summary conviction—

(a)
may be brought irrespective of whether the appellant pleaded

guilty;

(b)
may be brought irrespective of whether the appellant has

previously appealed against the conviction or made an

application in respect of the conviction under section 111 of the

Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’

Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))

(case stated);

(c)
may not be brought after the end of the period of 21 days

beginning with the day on which the right of appeal arises by

virtue of paragraph 3; and

(d)
is to be treated as an appeal under section 108(1)(b) of that Act or,

in Northern Ireland, under Article 140(1)(b) of that Order.”
Schedule 3
Page 47, line 24, at beginning insert—

“A person who is authorised by virtue of an order made under section
70 of the Deregulation and Contracting Out Act 1994 to exercise a
function specified in Schedule 36A to the Education Act 1996.”
Page 48, line 20, at end insert—

“A person who is specified in a direction made in relation to the exercise
of a local authority’s functions given by the Welsh Ministers under
section 25 of the School Standards and Organisation (Wales) Act 2013
(anaw 1) (including that section as applied by section 50A of the
Children Act 2004 or section 29 of the Childcare Act 2006).”
Page 48, line 28, leave out “Assembly”

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Schedule 4
Page 50, line 5, at end insert—

“A person who is authorised by virtue of an order made under section
70 of the Deregulation and Contracting Out Act 1994 to exercise a
function specified in Schedule 36A to the Education Act 1996.”
Page 50, line 44, at end insert—

“A person who is specified in a direction made in relation to the exercise
of a local authority’s functions given by the Welsh Ministers under
section 25 of the School Standards and Organisation (Wales) Act 2013
(anaw 1) (including that section as applied by section 50A of the
Children Act 2004 or section 29 of the Childcare Act 2006).”
Page 51, line 6, leave out “Assembly”