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SCHEDULE 3
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THE PROSCRIBED ORGANISATIONS APPEAL COMMISSION |
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Constitution and administration |
| | 1. - (1) The Commission shall consist of members appointed by the Lord Chancellor.
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(2) The Lord Chancellor shall appoint one of the members as chairman.
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(3) A member shall hold and vacate office in accordance with the terms of his appointment.
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(4) A member may resign at any time by notice in writing to the Lord Chancellor.
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| | 2. The Lord Chancellor may appoint officers and servants for the Commission.
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| | 3. The Lord Chancellor-
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(a) may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants, |
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(b) may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and |
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(c) may pay sums in respect of expenses of the Commission. |
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Procedure |
| | 4. - (1) The Commission shall sit at such times and in such places as the Lord Chancellor may direct.
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(2) The Commission may sit in two or more divisions.
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(3) At each sitting of the Commission-
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(a) three members shall attend, |
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(b) one of the members shall be a person who holds or has held high judicial office (within the meaning of the Appellate Jurisdiction Act 1876), and |
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(c) the chairman or another member nominated by him shall preside and report the Commission's decision. |
| | 5. - (1) The Lord Chancellor may make rules-
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(a) regulating the exercise of the right of appeal to the Commission; |
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(b) prescribing practice and procedure to be followed in relation to proceedings before the Commission; |
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(c) providing for proceedings before the Commission to be determined without an oral hearing in specified circumstances; |
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(d) making provision about evidence in proceedings before the Commission (including provision about the burden of proof and admissibility of evidence); |
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(e) making provision about proof of the Commission's decisions. |
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(2) In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure-
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(a) that decisions which are the subject of appeals are properly reviewed, and |
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(b) that information is not disclosed contrary to the public interest. |
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(3) The rules shall make provision permitting organisations to be legally represented in proceedings before the Commission.
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(4) The rules may, in particular-
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(a) provide for full particulars of the reasons for proscription or refusal to deproscribe to be withheld from the organisation or applicant concerned and from any person representing it or him; |
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(b) enable the Commission to exclude persons (including representatives) from all or part of proceedings; |
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(c) enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b); |
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(d) permit preliminary or incidental functions to be discharged by a single member; |
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(e) permit proceedings for permission to appeal under section 6 to be determined by a single member; |
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(f) make provision about the functions of persons appointed under paragraph 7; |
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(g) make different provision for different parties or descriptions of party. |
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(5) Rules under this paragraph-
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(a) shall be made by statutory instrument, and |
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(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament. |
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(6) In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.
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| | 6. - (1) This paragraph applies to-
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(a) proceedings brought by an organisation before the Commission, and |
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(b) proceedings arising out of proceedings to which paragraph (a) applies. |
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(2) Proceedings shall be conducted on behalf of the organisation by a person designated by the Commission (with such legal representation as he may choose to obtain).
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(3) In paragraphs 5 and 8 of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.
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| | 7. - (1) The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b).
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(2) The relevant law officer is-
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(a) in relation to proceedings in England and Wales, the Attorney General, |
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(b) in relation to proceedings in Scotland, the Advocate General for Scotland, and |
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(c) in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland. |
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(3) A person appointed under this paragraph must-
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(a) have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990 (qualification for legal appointments), |
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(b) be 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, or |
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(c) be a member of the Bar of Northern Ireland. |
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(4) A person appointed under this paragraph shall not be responsible to the organisation or other applicant whose interests he is appointed to represent.
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(5) In paragraphs 5 and 8 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.
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| | 8. - (1) Section 9(1) of the Interception of Communications Act 1985 (exclusion of evidence) shall not apply in relation to-
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(a) proceedings before the Commission, or |
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(b) proceedings arising out of proceedings to which paragraph (a) applies. |
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(2) Evidence admitted by virtue of sub-paragraph (1) shall not be disclosed to-
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(a) the organisation concerned, |
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(b) the applicant (where the organisation is not also the applicant), or |
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(c) any person representing the organisation concerned or the applicant. |
