Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
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(3)
The UN terrorism orders are—
(a)
the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365);
(b)
the Al-Qa’ida and Taliban (United Nations Measures) Order 2002 (S.I.
2002/111);
(c)
the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/2657);
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(d)
the Al-Qaida and Taliban (United Nations Measures) Order 2006 (S.I.
2006/2952).
(4)
The Treasury may by order amend subsection (3) by—
(a)
adding other Orders in Council made under section 1 of the United
Nations Act 1946 (c. 45),
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(b)
providing that a reference to a specified Order in Council is to that
Order as amended by a further Order in Council (made after the
passing of this Act), or
(c)
removing an Order in Council.
(5)
The order may make consequential amendments of subsection (2) above.
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(6)
An order under subsection (4) is subject to negative resolution procedure.
Rules of court, disclosure and related matters
57
General provisions about rules of court
(1)
The following provisions apply to rules of court relating to—
(a)
asset freezing proceedings, or
20
(b)
proceedings on an appeal relating to asset freezing proceedings.
(2)
A person making rules of court must have regard to—
(a)
the need to secure that the decisions that are the subject of the
proceedings are properly reviewed; and
(b)
the need to secure that disclosures of information are not made where
25
they would be contrary to the public interest.
(3)
Rules of court may make provision—
(a)
about the mode of proof and about evidence in the proceedings;
(b)
enabling or requiring the proceedings to be determined without a
hearing; and
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(c)
about legal representation in the proceedings.
(4)
Rules of court may make provision—
(a)
enabling the proceedings to take place without full particulars of the
reasons for the decisions to which the proceedings relate being given to
a party to the proceedings (or to any legal representative of that party);
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(b)
enabling the court to conduct proceedings in the absence of any person,
including a party to the proceedings (or any legal representative of that
party);
(c)
about the functions of a person appointed as a special advocate;
(d)
enabling the court to give a party to the proceedings a summary of
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evidence taken in the party’s absence.
(5)
In this section—
(a)
references to a party to the proceedings do not include the Treasury;

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
41

(b)
references to a party’s legal representative do not include a person
appointed as a special advocate.
(6)
Nothing in this section shall be read as restricting the power to make rules of
court or the matters to be taken into account when doing so.
58
Rules of court about disclosure
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(1)
The following provisions apply to rules of court relating to—
(a)
asset freezing proceedings, or
(b)
proceedings on an appeal relating to asset freezing proceedings.
(2)
Rules of court must secure that the Treasury are required to disclose—
(a)
material on which they rely,
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(b)
material which adversely affects their case, and
(c)
material which supports the case of a party to the proceedings.

This is subject to the following provisions of this section.
(3)
Rules of court must secure—
(a)
that the Treasury have the opportunity to make an application to the
15
court for permission not to disclose material otherwise than to—
(i)
the court, and
(ii)
any person appointed as a special advocate;
(b)
that such an application is always considered in the absence of every
party to the proceedings (and every party’s legal representative);
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(c)
that the court is required to give permission for material not to be
disclosed if it considers that the disclosure of the material would be
contrary to the public interest;
(d)
that, if permission is given by the court not to disclose material, it must
consider requiring the Treasury to provide a summary of the material
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to every party to the proceedings (and every party’s legal
representative);
(e)
that the court is required to ensure that such a summary does not
contain material the disclosure of which would be contrary to the
public interest.
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(4)
Rules of court must secure that in cases where the Treasury—
(a)
do not receive the court’s permission to withhold material, but elect not
to disclose it, or
(b)
are required to provide a party to the proceedings with a summary of
material that is withheld, but elect not to provide the summary,
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provision to the following effect applies.
(5)
The court must be authorised—
(a)
if it considers that the material or anything that is required to be
summarised might adversely affect the Treasury’s case or support the
case of a party to the proceedings, to direct that the Treasury shall not
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rely on such points in their case, or shall make such concessions or take
such other steps, as the court may specify, or
(b)
in any other case, to ensure that the Treasury do not rely on the material
or (as the case may be) on that which is required to be summarised.

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
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(6)
Nothing in this section, or in rules of court made under it, is to be read as
requiring the court to act in a manner inconsistent with Article 6 of the Human
Rights Convention.
(7)
In this section—
(a)
references to a party to the proceedings do not include the Treasury;
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(b)
references to a party’s legal representative do not include a person
appointed as a special advocate; and
(c)
“the Human Rights Convention” means the Convention within the
meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that
Act).
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Appointment of special advocate
(1)
The relevant law officer may appoint a person to represent the interests of a
party to—
(a)
asset freezing proceedings, or
(b)
proceedings on an appeal, or further appeal, relating to asset freezing
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proceedings,

in any of those proceedings from which the party (and any legal representative
of the party) is excluded.

This is referred to in this Part as appointment as “a special advocate”.
(2)
A person appointed as a special advocate is not responsible to the party to the
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proceedings whose interests the person is appointed to represent.
(3)
The relevant law officer is—
(a)
in relation to asset freezing proceedings in England and Wales, or on an
appeal or further appeal relating to such proceedings, the Attorney
General;
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(b)
in relation to asset freezing proceedings in Scotland, or on an appeal or
further appeal relating to such proceedings, the Advocate General for
Scotland;
(c)
in relation to asset freezing proceedings in Northern Ireland, or on an
appeal or further appeal relating to such proceedings, the Advocate
30
General for Northern Ireland.
(4)
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 legal qualification for the purposes of section 71 of the Courts
and Legal Services Act 1990 (c. 41);
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(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. 46);
(c)
in the case of an appointment by the Advocate General for Northern
40
Ireland, the person is a member of the Bar of Northern Ireland.
(5)
Until the coming into force of section 27 of the Justice (Northern Ireland) Act
2002 (c. 26), references in this section to the Advocate General for Northern
Ireland are to be read as references to the Attorney General for Northern
Ireland.
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Counter-Terrorism Bill
Part 5 — Asset freezing proceedings
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The coming into force of that section does not affect any appointment of a
person as a special advocate made by the Attorney General for Northern
Ireland before that time.
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Intercept evidence
(1)
Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)
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(exceptions to exclusion of intercepted communications etc from legal
proceedings) is amended as follows.
(2)
In subsection (1) (excepted proceedings), after paragraph (da) insert—
“(db)
any asset freezing proceedings as defined in section 56 of the
Counter-Terrorism Act 2008, or any proceedings arising out of
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such proceedings;”.
(3)
In subsection (2) (persons to whom disclosure not to be made), after paragraph
(za) insert—
“(zb)
in the case of proceedings falling within paragraph (db), to—
(i)
a person, other than the Treasury, who is or was a party
15
to the proceedings, or
(ii)
any person who for the purposes of the proceedings (but
otherwise than by virtue of appointment as a special
advocate) represents a person falling within sub-
paragraph (i);”.
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Supplementary provisions
61
Allocation of proceedings to Queen’s Bench Division
In paragraph 2 of Schedule 1 to the Supreme Court Act 1981 (c. 54) (business
allocated to the Queen’s Bench Division), after sub-paragraph (ba) insert—
   “(bb)
all asset freezing proceedings within the meaning of Part 5 of the
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Counter-Terrorism Act 2008 (see section 56 of that Act);”.
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Initial exercise of powers by Lord Chancellor
(1)
The first time after the passing of this Act that rules of court are made in
exercise of the powers conferred by this Part—
(a)
in relation to proceedings in England and Wales, or
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(b)
in relation to proceedings in Northern Ireland,

they may be made by the Lord Chancellor instead of by the person who would
otherwise make them.
(2)
Before making rules of court under this section, the Lord Chancellor must
consult—
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(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.

The Lord Chancellor is not required to undertake any other consultation before
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making the rules.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
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(3)
The requirements of subsection (2)(a) and (b) may be satisfied by consultation
that took place wholly or partly before the passing of this Act.
(4)
Rules of court made by the Lord Chancellor under this section—
(a)
must be laid before Parliament, and
(b)
if not approved by a resolution of each House before the end of 40 days
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beginning with the day on which they were made, cease to have effect
at the end of that period.

In reckoning the period of 40 days no account shall be taken of any time during
which Parliament is dissolved or prorogued or during which both Houses are
adjourned for more than four days.
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(5)
If rules cease to have effect in accordance with subsection (4)—
(a)
that does not affect anything previously done in reliance on the rules;
and
(b)
subsection (1) applies as if the rules had not been made.
(6)
The following provisions do not apply to rules of court made by the Lord
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Chancellor under this section—
(a)
section 3(6) of the Civil Procedure Act 1997 (c. 12) (Parliamentary
procedure for civil procedure rules);
(b)
section 56 of the Judicature (Northern Ireland) Act 1978 (c. 23)
(statutory rules procedure).
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Until section 85 of the Courts Act 2003 (c. 39) (process for making civil
procedure rules) comes into force, in paragraph (a) above for “section 3(6)”
substitute “section 3(2)”.
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Interpretation of Part 5
In this Part—
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“asset freezing decision” has the meaning given by section 56(2);
“asset freezing proceedings” has the meaning given by section 56(1);
“rules of court” means rules for regulating the practice and procedure to
be followed in the High Court or the Court of Appeal or in the Court of
Session;
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“special advocate” means a person appointed under section 59;
“UN terrorism order” means an order specified in section 56(3).
Part 6
Inquests and inquiries
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Certificate requiring inquest to be held without a jury
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(1)
In section 8 of the Coroners Act 1988 (c. 13) (duty to hold inquest), after
subsection (7) insert—
“(8)
This section is subject to section 8A (certificate requiring inquest to be
held without a jury).”.

Counter-Terrorism Bill
Part 6 — Inquests and inquiries
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(2)
After that section insert—
“8A
Certificate requiring inquest to be held without a jury
(1)
The Secretary of State may certify in relation to an inquest that, in the
opinion of the Secretary of State, the inquest will involve the
consideration of material that should not be made public—
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(a)
in the interests of national security,
(b)
in the interests of the relationship between the United Kingdom
and another country, or
(c)
otherwise in the public interest.
(2)
A certificate may be issued—
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(a)
in relation to an inquest that has not begun, or
(b)
in relation to an inquest that has begun, at any time before its
conclusion.
(3)
Where a certificate has effect in relation to an inquest, the inquest must
be held or (as the case may be) continued without a jury, so that—
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(a)
if a jury has not been summoned, the coroner must not summon
a jury, and
(b)
if a jury has been summoned, the coroner must discharge the
jury.
(4)
Accordingly, the following do not apply in relation to the inquest
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whilst the certificate has effect—
(a)
the power under subsection (1) or (4) of section 8 to hold the
inquest or part of the inquest with a jury, and
(b)
the duty under subsection (3) of that section to hold the inquest
with a jury in the circumstances set out in that subsection.
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(5)
A certificate has effect in relation to an inquest until it is revoked by the
Secretary of State; and the Secretary of State may revoke a certificate in
respect of an inquest—
(a)
before it has begun, or
(b)
after it has begun, at any time before its conclusion.
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(6)
Where a certificate issued in relation to an inquest is revoked—
(a)
if subsection (3) of section 8 applies in relation to the inquest, the
coroner must summon a jury in the manner required by
subsection (2) of that section, and
(b)
otherwise, if it appears to the coroner that there is any reason for
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summoning a jury, the coroner may summon a jury in that
manner.
(7)
If a jury is summoned—
(a)
the coroner must proceed in all respects as if the inquest had not
previously begun, and
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(b)
the provisions of this Act apply accordingly as if that were the
case.”.
(3)
This section has effect in relation to inquests that have begun, but have not
been concluded, before the day on which it comes into force as well as to
inquests beginning on or after that day.
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