Section 71: National security
245.Section 71 provides for rules of court to make provision permitting a court to take various forms of action which are considered expedient in the interests of national security. This is equivalent to section 67A of the Race Relations Act 1976 (as inserted by the Race Relations (Amendment) Act 2000 (c. 34)). The power in this section will make it possible to make rules enabling the court, when considering proceedings brought under this Part of the Act:
to exclude the claimant, the claimant's representatives or any assessors from part or all of the proceedings;
to permit a claimant or representative who has been excluded to make a statement prior to any part of the proceedings from which they are excluded; and
to ensure that part or all of the reasons for a decision are kept secret.
246.Where the claimant or representatives are excluded from part or all of proceedings under such rules, this section provides for the Attorney General or Advocate General for Scotland to appoint a special advocate to represent the interests of the claimant.