|
| |
|
| 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. |
| |
| |
(1) | Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) |
| 5 |
(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 69 of the |
| |
Counter-Terrorism Act 2008, or any proceedings arising out of |
| 10 |
| |
(3) | In subsection (2) (persons to whom disclosure not to be made), after paragraph |
| |
| |
“(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 |
| |
(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- |
| |
| 20 |
| |
74 | 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 |
| 25 |
Counter-Terrorism Act 2008 (see section 69 of that Act);”. |
| |
75 | 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 |
| 30 |
(b) | in relation to proceedings in Northern Ireland, |
| |
| they may be made by the Lord Chancellor instead of by the person who would |
| |
| |
(2) | Before making rules of court under this section, the Lord Chancellor must |
| |
| 35 |
(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 |
| 40 |
| |
|
| |
|
| |
|
(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 |
| 5 |
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. |
| 10 |
(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; |
| |
| |
(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 |
| 15 |
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). |
| 20 |
| 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)”. |
| |
76 | Interpretation of Part 5 |
| |
| 25 |
“asset freezing decision” has the meaning given by section 69(2); |
| |
“asset freezing proceedings” has the meaning given by section 69(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 |
| |
| 30 |
“special advocate” means a person appointed under section 72; |
| |
“UN terrorism order” means an order specified in section 69(3). |
| |
| |
| |
77 | Certificate requiring inquest to be held without a jury: England and Wales |
| 35 |
(1) | In section 8 of the Coroners Act 1988 (c. 13) (duty to hold inquest), after |
| |
| |
“(8) | This section is subject to section 8A (certificate requiring inquest to be |
| |
| |
|
| |
|
| |
|
(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— |
| 5 |
(a) | in the interests of national security, |
| |
(b) | in the interests of the relationship between the United Kingdom |
| |
| |
(c) | otherwise in the public interest. |
| |
(2) | A certificate may be issued— |
| 10 |
(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 |
| |
| |
(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— |
| 15 |
(a) | if a jury has not been summoned, the coroner must not summon |
| |
| |
(b) | if a jury has been summoned, the coroner must discharge the |
| |
| |
(4) | Accordingly, the following do not apply in relation to the inquest |
| 20 |
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. |
| 25 |
(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 |
| |
| |
(a) | before it has begun, or |
| |
(b) | after it has begun, at any time before its conclusion. |
| 30 |
(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 |
| 35 |
summoning a jury, the coroner may summon a jury in that |
| |
| |
(7) | If a jury is summoned— |
| |
(a) | the coroner must proceed in all respects as if the inquest had not |
| |
| 40 |
(b) | the provisions of this Act apply accordingly as if that were the |
| |
| |
(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. |
| 45 |
|
| |
|
| |
|
78 | Certificate requiring inquest to be held without a jury: Northern Ireland |
| |
(1) | In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of |
| |
coroner to hold inquest) after “sub-section (2)” insert “and section 18A”. |
| |
(2) | In section 18 of that Act (requirement to summon jury in certain cases) after |
| |
| 5 |
“(5) | This section is subject to section 18A (certificate requiring inquest to be |
| |
| |
(3) | After that section insert— |
| |
“18A | Certificate requiring inquest to be held without a jury |
| |
(1) | The Secretary of State may certify in relation to an inquest that, in the |
| 10 |
opinion of the Secretary of State, the inquest will involve the |
| |
consideration of material that should not be made public— |
| |
(a) | in the interests of national security, |
| |
(b) | in the interests of the relationship between the United Kingdom |
| |
| 15 |
(c) | otherwise in the public interest. |
| |
(2) | A certificate may be issued— |
| |
(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 |
| |
| 20 |
(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— |
| |
(a) | if a jury has not been summoned, the coroner must not cause a |
| |
| |
(b) | if a jury has been summoned, the coroner must discharge the |
| 25 |
| |
(4) | Accordingly, the following do not apply in relation to the inquest |
| |
whilst the certificate has effect— |
| |
(a) | the power under subsection (1) of section 13 or subsection (2) of |
| |
section 18 to hold the inquest or part of the inquest with a jury, |
| 30 |
| |
(b) | the duty under subsection (1) of section 18 to hold the inquest |
| |
with a jury in the circumstances set out in that subsection. |
| |
(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 |
| 35 |
| |
(a) | before it has begun, or |
| |
(b) | after it has begun, at any time before its conclusion. |
| |
(6) | Where a certificate issued in relation to an inquest is revoked— |
| |
(a) | if subsection (1) of section 18 applies in relation to the inquest, |
| 40 |
the coroner must cause a jury to be summoned in accordance |
| |
with that subsection, and |
| |
(b) | otherwise, if it appears to the coroner that it is desirable to |
| |
summon a jury, the coroner may cause a jury to be summoned |
| |
in accordance with that subsection. |
| 45 |
|
| |
|
| |
|
(7) | If a jury is summoned— |
| |
(a) | the coroner must proceed in all respects as if the inquest had not |
| |
| |
(b) | the provisions of this Act apply accordingly as if that were the |
| |
| 5 |
(4) | 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. |
| |
79 | Specially appointed coroners |
| |
(1) | After section 18 of the Coroners Act 1988 (c. 13) insert— |
| 10 |
“Inquests: specially appointed coroners |
| |
18A | Appointment of specially appointed coroners |
| |
(1) | If the Secretary of State issues a certificate under section 8A in relation |
| |
to an inquest, the Secretary of State may appoint a person (a “specially |
| |
appointed coroner”) to hold the inquest. |
| 15 |
(2) | The Secretary of State must establish and maintain a list of coroners |
| |
eligible to be appointed under this section (“the approved list”). |
| |
(3) | A coroner may be included on the approved list only with the |
| |
agreement of the Lord Chief Justice of England and Wales or the |
| |
| 20 |
(4) | A person may be appointed under this section only if— |
| |
| |
(i) | a coroner on the approved list, |
| |
(ii) | a puisne judge of the High Court in England and Wales, |
| |
| 25 |
(iii) | a circuit judge, and |
| |
(b) | the Lord Chief Justice of England and Wales or the nominated |
| |
senior judge agrees to the person’s appointment. |
| |
(5) | A specially appointed coroner may be appointed under this section— |
| |
(a) | in relation to an inquest that has not begun, or |
| 30 |
(b) | in relation to an inquest that has begun, at any time before its |
| |
| |
(6) | An appointment may be made under this section whether the person |
| |
who would be required to hold the inquest apart from the appointment |
| |
would have jurisdiction to do so by virtue of— |
| 35 |
(a) | the fact that the body of the deceased is lying in that person’s |
| |
| |
(b) | an order of the High Court under section 13 (order to hold |
| |
| |
(c) | an agreement or direction by the Secretary of State under |
| 40 |
section 14 (inquest out of jurisdiction), |
| |
(d) | a direction by the Secretary of State under section 15 (inquest |
| |
where body destroyed or irrecoverable), or |
| |
(e) | a previous appointment under this section. |
| |
|
| |
|
| |
|
(7) | A reference in a provision of this section or section 18C to “the |
| |
nominated senior judge” is to the senior judge nominated by the Lord |
| |
Chief Justice of England and Wales for the purposes of that provision. |
| |
(8) | In subsection (7) “senior judge” means— |
| |
(a) | the Master of the Rolls, |
| 5 |
(b) | the President of the Queen’s Bench Division, |
| |
(c) | the President of the Family Court, |
| |
(d) | the Chancellor of the High Court, or |
| |
(e) | a Lord Justice of Appeal in England and Wales. |
| |
18B | Effect of appointment of specially appointed coroner |
| 10 |
(1) | Where a specially appointed coroner is appointed under section 18A to |
| |
| |
(a) | the specially appointed coroner, and not the person who would |
| |
be required to hold the inquest apart from the appointment, has |
| |
jurisdiction to hold the inquest and must hold it accordingly, |
| 15 |
| |
(b) | the person who would otherwise be required to hold the |
| |
inquest ceases to have any powers or duties in relation to the |
| |
inquest or the body of the deceased. |
| |
(2) | If the inquest has begun— |
| 20 |
(a) | the specially appointed coroner must proceed in all respects as |
| |
if the inquest had not previously begun, and |
| |
(b) | the provisions of this Act apply accordingly as if that were the |
| |
| |
(3) | In relation to the inquest and the body of the deceased, the specially |
| 25 |
| |
(a) | has the same jurisdiction and powers, |
| |
(b) | is subject to the same obligations, liabilities and |
| |
| |
(c) | generally is subject to the provisions of this Act and to the law |
| 30 |
relating to coroners and coroners’ inquests in the same manner, |
| |
| as if the specially appointed coroner were the coroner for the original |
| |
| |
| This is subject to provision made by regulations under subsection (4). |
| |
(4) | The Secretary of State may by regulations made by statutory |
| 35 |
instrument provide for this Act and the law relating to coroners and |
| |
coroners’ inquests to have effect in relation to specially appointed |
| |
coroners with such modifications as may be specified in the |
| |
| |
(5) | A statutory instrument containing regulations under subsection (4) is |
| 40 |
subject to annulment in pursuance of a resolution of either House of |
| |
| |
(6) | The Secretary of State may pay a specially appointed coroner such |
| |
remuneration and allowances as the Secretary of State thinks fit. |
| |
(7) | In this section and section 18C “the original coroner”, in relation to an |
| 45 |
inquest, means the coroner who would have jurisdiction to hold the |
| |
|
| |
|
| |
|
inquest if no appointment had been made under section 18A in relation |
| |
| |
18C | Revocation of appointment of specially appointed coroner |
| |
(1) | The Secretary of State may revoke the appointment of a specially |
| |
appointed coroner to hold an inquest— |
| 5 |
(a) | on the grounds of the specially appointed coroner’s incapacity |
| |
| |
(b) | if the Secretary of State revokes the certificate issued under |
| |
section 8A in relation to the inquest. |
| |
(2) | The Secretary of State may revoke an appointment under subsection (1) |
| 10 |
only if the Lord Chief Justice of England and Wales or the nominated |
| |
senior judge agrees to the revocation. |
| |
(3) | Where the Secretary of State acts under subsection (1)(a) the Secretary |
| |
of State must make a further appointment under section 18A. |
| |
(4) | Where the Secretary of State acts under subsection (1)(b)— |
| 15 |
(a) | the original coroner, and not the specially appointed coroner, |
| |
has jurisdiction to hold the inquest and must hold it |
| |
| |
(b) | the specially appointed coroner ceases to have any powers or |
| |
duties in relation to the inquest or the body of the deceased. |
| 20 |
(5) | If the inquest has begun— |
| |
(a) | the original coroner must proceed in all respects as if the inquest |
| |
had not previously begun, and |
| |
(b) | the provisions of this Act apply accordingly as if that were the |
| |
| 25 |
(2) | 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. |
| |
80 | Inquiries: intercept evidence |
| |
(1) | In section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23) |
| 30 |
(exceptions to exclusion of intercepted communications etc from legal |
| |
proceedings), in subsection (7), for paragraph (c) substitute— |
| |
“(c) | a disclosure to the panel of an inquiry held under the Inquiries |
| |
Act 2005 or to a person appointed as counsel to such an inquiry |
| |
where, in the course of the inquiry, the panel has ordered the |
| 35 |
disclosure to be made to the panel alone or (as the case may be) |
| |
to the panel and the person appointed as counsel to the inquiry; |
| |
| |
(2) | This section has effect in relation to inquiries under the Inquiries Act 2005 |
| |
(c. 12) that have begun, but have not come to an end, before the day on which |
| 40 |
it comes into force as well as to such inquiries beginning or on after that day. |
| |
(3) | Section 14 of the Inquiries Act 2005 (end of inquiry) has effect for determining |
| |
when an inquiry under that Act comes to an end for those purposes. |
| |
|
| |
|