Part 2Disclosure of sensitive material

Closed material procedure: general

I111General provision about section 6 proceedings

1

A person making rules of court relating to section 6 proceedings must have regard to the need to secure that disclosures of information are not made where they would be damaging to the interests of national security.

2

Rules of court relating to section 6 proceedings may make provision—

a

about the mode of proof and about evidence in the proceedings,

b

enabling or requiring the proceedings to be determined without a hearing,

c

about legal representation in the proceedings,

d

enabling the proceedings to take place without full particulars of the reasons for decisions in the proceedings being given to a party to the proceedings (or to any legal representative of that party),

e

enabling the court concerned to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party),

f

about the functions of a person appointed as a special advocate,

g

enabling the court to give a party to the proceedings a summary of evidence taken in the party's absence.

3

In subsection (2) references to a party to the proceedings do not include the relevant person concerned and (if the Secretary of State is not the relevant person but is a party to the proceedings) the Secretary of State.

4

The following proceedings are to be treated as section 6 proceedings for the purposes of sections 8 to 10, this section and sections 12 to 14—

a

proceedings on, or in relation to, an application for a declaration under section 6,

b

proceedings on, or in relation to, a decision of the court to make a declaration under that section of its own motion,

c

proceedings on, or in relation to, an application for a revocation under section 7, and

d

proceedings on, or in relation to, a decision of the court to make a revocation under that section of its own motion.

5

In proceedings treated as section 6 proceedings by virtue of subsection (4), a relevant person, for the purposes of sections 8 to 10, this section and sections 12 to 14, is a person who would be required to disclose sensitive material in the course of the proceedings.