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SCHEDULE 3
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THE
PROSCRIBED ORGANISATIONS APPEAL COMMISSION |
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Constitution and administration |
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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 |
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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.
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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.
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