keep The Civil Procedure (Amendment No. 4) Rules 2023
These Rules amend the Civil Procedure Rules 1998 to extend court procedures governing Terrorism Prevention and Investigation Measures (TPIM) to also cover Part 2 notices under the National Security Act 2023. The amendments provide procedural frameworks including directions hearings, permission requirements, appeal mechanisms, and case management rules for individuals subject to such national security preventative orders.
While these rules govern a substantive regime that restricts individual liberty without criminal conviction, the question is whether Britons would be worse off without procedural court rules. Deleting them would create a procedural vacuum for National Security Act Part 2 notices, eliminating judicial oversight, directions hearings, permission requirements, and appeal rights — leaving subjects with NO legal process rather than one with at least some safeguards. Court procedures that constrain executive power and provide due process are preferable to unconstrained executive action, even in national security contexts. The procedural framework, while imperfect, represents a check on arbitrary exercise of state power that would be removed entirely without these rules.