Northern Ireland Court Service

THE RULES OF THE SUPREME COURT (NORTHERN IRELAND) (AMENDMENT No. 3) 2009 [S.R. 2009 No. 264]

Notice is hereby given that the Northern Ireland Supreme Court Rules Committee has made the following Rules in exercise of the powers conferred by section 55 and 55A of the Judicature (Northern Ireland) Act 1978 and the Lord Chancellor has allowed them.

The Rules of the Supreme Court (Northern Ireland) (Amendment No. 3) 2009 [S.R. 2009 No. 264].

These Rules amend the Rules of the Supreme Court (Northern Ireland) 1980 (S.R. 1980 No. 346) (“the principal Rules”) to take account of provisions in the Counter-Terrorism Act 2008 relating to control orders and notification orders.

Rule 2(2) amends Order 116A of the principal Rules to reflect the amendments made by the Counter-Terrorism Act 2008 to the control order provisions in the Prevention of Terrorism Act 2005. Specifically —

—	Rule 2(2)(a) amends rule 10(2)(b) to provide that where a control order is made by the Court under section 3(2)(c) of the Prevention of Terrorism Act 2005, the Court will hold a directions hearing within seven days of the control order being served on the controlled person in order to allow him to make representations.
—	Rule 2(2)(b) amends rule 22(4) to provide that the Secretary of State can make an application to the Court for an anonymity order to protect the identity of the controlled person at the stage where leave is sought from the Court to make the order.

Rule 2(3) inserts new Part 5 into Order 116B to prescribe the procedure for applying for a notification order under Schedule 4 to the Counter-Terrorism Act 2008. It also makes technical amendments to Order 116B to provide that the provisions of Part 3 and 4 only apply to applications for financial restrictions proceedings and not to applications under the new Part 5 in respect of notification orders.

These Rules also amend Order 116A and 116B to provide that special advocates in control order proceedings and financial restrictions proceedings can adduce evidence to the Court.

These Rules will come into operation on: 10th August 2009 for the purpose of Rule 2(2) and for all other purposes, on the same day as Schedule 4 to the Counter-Terrorism Act 2008 comes into force.

Copies of the Rules – Statutory Rules of Northern Ireland 2009 No. 264 – may be obtained from The Stationery Office, 16 Arthur Street, Belfast, BT1 4GD.