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Terrorism Prevention and Investigation Measures Act 2011

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Changes over time for: Cross Heading: Rules of court: general provision

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Rules of court: general provisionU.K.

2(1)A person making rules of court relating to TPIM proceedings or appeal proceedings must have regard to the need to secure the following—U.K.

(a)that the decisions that are the subject of the proceedings are properly reviewed, and

(b)that disclosures of information are not made where they would be contrary to the public interest.

(2)Rules of court relating to TPIM proceedings or appeal proceedings 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;

(c)about legal representation in the proceedings;

(d)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);

(e)enabling the relevant court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);

(f)about the functions of a person appointed as a special advocate (see paragraph 10);

(g)enabling the court to give a party to the proceedings a summary of evidence taken in the party's absence.

(3)In this paragraph—

(a)references to a party to the proceedings do not include the Secretary of State;

(b)references to a party's legal representative do not include a person appointed as a special advocate.

(4)Nothing in this paragraph is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.

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