Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/71

This page has been proofread, but needs to be validated.
66c. 11
Terrorism Act 2000

Sch. 3

(c) enable the Commission to provide a summary of evidence taken in the absence of a person excluded by virtue of paragraph (b);
(d) permit preliminary or incidental functions to be discharged by a single member;
(e) permit proceedings for permission to appeal under section 6 to be determined by a single member;
(f) make provision about the functions of persons appointed under paragraph 7;
(g) make different provision for different parties or descriptions of party.

(5) Rules under this paragraph—

(a) shall be made by statutory instrument, and
(b) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6) In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.

6.—(1) This paragraph applies to—

(a) proceedings brought by an organisation before the Commission, and
(b) proceedings arising out of proceedings to which paragraph (a) applies.

(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).

(3) In paragraphs 5 and 8 of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.

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).

(2) The relevant law officer is—

(a) in relation to proceedings in England and Wales, the Attorney General,
(b) in relation to proceedings in Scotland, the Advocate General for Scotland, and
(c) in relation to proceedings in Northern Ireland, the Attorney General for Northern Ireland.

(3) A person appointed under this paragraph must—

(a) have a general qualification for the purposes of section 71 of the 1990 c. 41.Courts and Legal Services Act 1990 (qualification for legal appointments),
(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 1980 c. 46.Solicitors (Scotland) Act 1980, or
(c) be a member of the Bar of Northern Ireland.

(4) A person appointed under this paragraph shall not be responsible to the organisation or other applicant whose interests he is appointed to represent.

(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.

8.—(1) Section 9(1) of the 1985 c. 56.Interception of Communications Act 1985 (exclusion of evidence) shall not apply in relation to—

(a) proceedings before the Commission, or