SCHEDULES

SCHEDULE 2Consequential provision

Part 2Closed material procedure

Senior Courts Act 1981 (c. 54)

I18

1

Section 69 of the Senior Courts Act 1981 (trial by jury) is amended as follows.

2

In subsection (1), at the end, insert “ or unless the court is of opinion that the trial will involve section 6 proceedings ”.

3

After subsection (3) insert—

3A

An action in the Queen's Bench Division which by virtue of subsection (1) or (3) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

a

is of opinion that the action involves, or will involve, section 6 proceedings, and

b

in its discretion orders the action to be tried without a jury.

3B

Where the court makes an order under subsection (3A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).

4

In subsection (4) for “(3)” substitute “ (3B) ”.

5

After subsection (5) insert—

6

In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).